S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5975
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to the responsibility
   of a landlord to remediate pest infestations
 
   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-bbb to read as follows:
   § 235-BBB. REMEDIATION OF PEST INFESTATIONS. 1. (A) THE  EXISTENCE  OF
 AN  INFESTATION OF PESTS IN A PREMISES OCCUPIED FOR DWELLING PURPOSES IS
 HEREBY DECLARED TO CONSTITUTE A CONDITION  DANGEROUS  TO  HEALTH  AND  A
 BREACH  OF  THE WARRANTY OF HABITABILITY FOR THE PURPOSES OF SECTION TWO
 HUNDRED THIRTY-FIVE-B OF THIS ARTICLE. A LANDLORD  SHALL  KEEP  PREMISES
 OCCUPIED  FOR  DWELLING  PURPOSES FREE FROM AN INFESTATION OF PESTS, AND
 SHALL PREVENT THE REASONABLY FORESEEABLE OCCURRENCE OF SUCH A  CONDITION
 AND  SHALL  EXPEDITIOUSLY  REMEDIATE  SUCH  CONDITION AND ANY UNDERLYING
 DEFECT,  WHEN  SUCH  UNDERLYING  DEFECT  EXISTS,  CONSISTENT  WITH   THE
 PROVISIONS OF THIS SECTION.
   (B)  A  LANDLORD  SHALL  NOT BE LIABLE FOR A BREACH OF THE WARRANTY OF
 HABITABILITY PURSUANT TO THIS SECTION WHERE SUCH  INFESTATION  OF  PESTS
 HAS  BEEN CAUSED BY A WILLFUL OR INTENTIONAL ACT OF THE TENANT OR LESSEE
 OR PERSONS UNDER HIS OR HER DIRECTION OR CONTROL.
   2. (A) THE LANDLORD OF PREMISES OCCUPIED FOR DWELLING  PURPOSES  SHALL
 CAUSE  AN  INVESTIGATION  TO  BE MADE FOR PESTS IN ALL OCCUPIED DWELLING
 UNITS AND IN COMMON AREAS AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION.
   (B) INVESTIGATIONS SHALL BE UNDERTAKEN BY A LANDLORD AT LEAST  ONCE  A
 YEAR  AND  MORE  OFTEN  IF  NECESSARY,  SUCH AS WHEN, IN THE EXERCISE OF
 REASONABLE CARE, SUCH LANDLORD KNOWS OR SHOULD HAVE KNOWN OF A CONDITION
 THAT IS REASONABLY FORESEEABLE TO CAUSE AN INFESTATION OF  PESTS,  OR  A
 TENANT  MAKES A COMPLAINT CONCERNING A CONDITION THAT IS LIKELY TO CAUSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11419-02-9

 S. 5975                             2
 
 AN INFESTATION OF PESTS OR REQUESTS AN INSPECTION.    A  LANDLORD  SHALL
 MAINTAIN  A  RECORD  OF EACH SUCH INVESTIGATION, THE FORM AND CONTENT OF
 SUCH RECORDS TO BE PROMULGATED  BY  THE  COMMISSIONER  OF  HEALTH.  SUCH
 RECORDS SHALL BE RETAINED FOR A PERIOD OF AT LEAST FIVE YEARS AFTER SUCH
 INVESTIGATION  AND  SHALL  BE MADE AVAILABLE TO THE DEPARTMENT OF HEALTH
 UPON REQUEST.
   (C) ALL LEASES OFFERED TO TENANTS OR PROSPECTIVE TENANTS IN SUCH PREM-
 ISES OCCUPIED OR TO BE OCCUPIED FOR DWELLING PURPOSES  SHALL  CONTAIN  A
 NOTICE,  CONSPICUOUSLY  SET  FORTH THEREIN, WHICH ADVISES TENANTS OF THE
 OBLIGATIONS OF THE LANDLORD AND TENANT AS SET FORTH IN THIS SECTION.
   3. WHEN ANY PREMISES OCCUPIED FOR DWELLING  PURPOSES  ARE  SUBJECT  TO
 INFESTATION  BY PESTS, THE LANDLORD SHALL USE INTEGRATED PEST MANAGEMENT
 MEASURES AND ELIMINATE CONDITIONS CONDUCIVE TO PESTS,  AND  COMPLY  WITH
 THE FOLLOWING WORK PRACTICES:
   (A)  INSPECT  FOR,  AND PHYSICALLY REMOVE PEST NESTS, WASTE, AND OTHER
 DEBRIS BY HIGH-EFFICIENCY  PARTICULATE  AIR  (HEPA)  VACUUMING,  WASHING
 SURFACES, OR OTHERWISE COLLECTING AND DISCARDING SUCH DEBRIS;
   (B)  ELIMINATE  POINTS OF ENTRY AND PASSAGE FOR PESTS BY REPAIRING AND
 SEALING ANY HOLES, GAPS OR CRACKS IN WALLS, CEILINGS,  FLOORS,  MOLDING,
 BASE BOARDS, AROUND PIPES AND CONDUITS, OR AROUND AND WITHIN CABINETS BY
 USING SEALANTS, PLASTER, CEMENT, WOOD, ESCUTCHEON PLATES, OR OTHER DURA-
 BLE MATERIAL. ATTACH DOOR SWEEPS TO ANY DOOR LEADING TO A HALLWAY, BASE-
 MENT, OR OUTSIDE THE BUILDING TO REDUCE GAPS TO NO MORE THAN ONE-QUARTER
 INCH; AND
   (C) ELIMINATE SOURCES OF WATER FOR PESTS BY REPAIRING DRAINS, FAUCETS,
 AND  OTHER  PLUMBING MATERIALS THAT ACCUMULATE WATER OR LEAK. REMOVE AND
 REPLACE SATURATED MATERIALS IN INTERIOR WALLS.
   4. THE USE OF PESTICIDES SHALL  NOT  SUBSTITUTE  FOR  PEST  MANAGEMENT
 MEASURES  DESCRIBED  IN SUBDIVISION THREE OF THIS SECTION. ANY PESTICIDE
 APPLIED SHALL BE APPLIED BY A PEST PROFESSIONAL LICENSED BY THE  DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION.
   5.  AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "PEST" MEANS ANY UNWANTED MEMBER OF THE CLASS INSECTA,  INCLUDING,
 BUT  NOT LIMITED TO HOUSEFLIES, LICE, BEES, COCKROACHES, MOTHS, SILVERF-
 ISH, BEETLES, BEDBUGS, ANTS, TERMITES, HORNETS,  MOSQUITOES  AND  WASPS,
 AND  SUCH  MEMBERS  OF  THE  PHYLUM ARTHROPODA AS SPIDERS, MITES, TICKS,
 CENTIPEDES AND WOOD LICE, OR OF THE ORDER RODENTIA,  INCLUDING  BUT  NOT
 LIMITED  TO  MICE,  NORWAY RATS, AND ANY OTHER UNWANTED PLANT, ANIMAL OR
 FUNGAL LIFE THAT IS A PEST BECAUSE IT  IS  DESTRUCTIVE,  ANNOYING  OR  A
 NUISANCE.
   (B)  "INTEGRATED PEST MANAGEMENT" MEANS ONGOING PREVENTION, MONITORING
 AND PEST CONTROL ACTIVITIES TO ELIMINATE PESTS FROM ANY  BUILDING,  LOT,
 OR  DWELLING.  THIS  INCLUDES, BUT IS NOT LIMITED TO, THE ELIMINATION OF
 HARBORAGES AND CONDITIONS CONDUCIVE TO PESTS, THE  USE  OF  TRAPS,  AND,
 WHEN NECESSARY, THE USE OF PESTICIDES.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.