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Assembly Bill A5723

2015-2016 Legislative Session

Permits a landlord to inspect dwellings and exterminate bedbug infestations upon reasonable notice

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2015-A5723 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5304
2013-2014: A1549
2017-2018: A4143

2015-A5723 (ACTIVE) - Summary

Permits a landlord to inspect dwellings and exterminate bedbug infestations upon reasonable notice.

2015-A5723 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5723

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced by M. of A. HOOPER, STECK, ARROYO -- Multi-Sponsored by -- M.
  of  A.  MILLER,  PEOPLES-STOKES,  ROBINSON,  TITONE  --  read once and
  referred to the Committee on Housing

AN ACT to amend the real property law,  in  relation  to  inspection  of
  dwellings  and  extermination  of  bedbug  infestations by owners upon
  reasonable notice

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. BEDBUG INFESTATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "TENANT" SHALL MEAN A PERSON LEGALLY  OCCUPYING  RESIDENTIAL  REAL
PROPERTY WHO IS EITHER A PARTY TO THE LEASE OR RENTAL AGREEMENT FOR SUCH
PREMISES OR IS A STATUTORY TENANT.
  (B)  "DWELLING"  SHALL  MEAN RESIDENTIAL REAL PROPERTY THAT IS FOR THE
OCCUPATION AS A RESIDENCE BY A TENANT OR OTHER LEGAL OCCUPANT.
  (C) "OWNER" SHALL MEAN THE OWNER  OF  ANY  REAL  RESIDENTIAL  PROPERTY
BEING USED AS A DWELLING.
  (D)  "ERADICATION"  SHALL  MEAN  THE  ELIMINATION  OF BEDBUGS FROM ANY
DWELLING OR ANY PORTION THEREOF THROUGH THE USE  OF  PESTICIDES,  TREAT-
MENTS, FUMIGATION, OR ANY OTHER METHOD OF EXTERMINATION.
  2.  BEDBUG  (CIMEX  LECTULARIUS)  INFESTATIONS. A DWELLING OWNER SHALL
KEEP THE PREMISES FREE  FROM  BEDBUG  INFESTATIONS  THROUGH  ERADICATION
MEASURES.  AN  OWNER SHALL PROVIDE A TENANT WITH WRITTEN NOTICE AT LEAST
FORTY-EIGHT HOURS BEFORE THE IMPLEMENTATION OF AN ERADICATION MEASURE.
  3. NOTICES. AN OWNER WHO HAS KNOWLEDGE THAT BEDBUGS ARE PRESENT  IN  A
DWELLING  SHALL  HAVE THE RIGHT TO INSPECT THE DWELLING FOR THE PRESENCE
OF BEDBUGS.  WITHIN FORTY-EIGHT HOURS OF SUCH KNOWLEDGE, AN OWNER  SHALL
PROVIDE  WRITTEN  NOTICE  TO  ALL  TENANTS THAT BEDBUGS ARE PRESENT IN A
DWELLING. BEFORE INSPECTION OF ANY  TENANT  APARTMENT,  AN  OWNER  SHALL
PROVIDE TO A TENANT WRITTEN NOTICE AT LEAST FORTY-EIGHT HOURS BEFORE THE
IMPLEMENTATION OF AN ERADICATION MEASURE.
  S 2. This act shall take effect immediately.

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