S T A T E O F N E W Y O R K
________________________________________________________________________
7909
2019-2020 Regular Sessions
I N A S S E M B L Y
May 28, 2019
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Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Housing
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
A. 7909 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.