S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6299
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced  by  M.  of  A. HUNTER, GLICK, COOK, JOYNER, TAYLOR, EPSTEIN,
   DE LA ROSA, SIMON, BARRON, AUBRY -- Multi-Sponsored by  --  M.  of  A.
   FRONTUS, NOLAN -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04660-01-1

 A. 6299                             2
 
 TENANT MAKES A COMPLAINT CONCERNING A CONDITION THAT IS LIKELY TO  CAUSE
 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.