Provides that the existence of an infestation of pests in a premises occupied for dwelling purposes is a breach of the warranty of habitability, and requires a landlord to keep premises occupied for dwelling purposes free from an infestation of pests, prevent the reasonably foreseeable occurrence of such a condition and expeditiously remediate such condition and any underlying defect.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A811
SPONSOR: Hunter TITLE OF BILL:
An act to amend the real property law, in relation to the responsibility
of a landlord to remediate pest infestations
PURPOSE:
Establishes infestation of pests in an occupied dwelling as a condition
dangerous to health and establishes requirements for prevention and
remediation.
SUMMARY OF PROVISIONS:
Section 1 amends the real property law by adding a new section 235-bbb
that establishes standards for the remediation and prevention of pest
infestations that are not caused by the willful or intentional act of
the tenant, lessee or person under his/her control.
Section 2 establishes the effective date.
JUSTIFICATION:
Renters across all of New York State deserve housing that is not compro-
mising to health or diminishing to quality of life. Across the state,
many tenants, especially those in poverty; live in substandard housing
that is frequently subject to pest infestations through no fault of the
tenant. By performing annual inspections, conducting routine maintenance
that prevents pest entry, and using other integrated pest management
measures; landlords can significantly reduce the likelihood of pest
infestation and greatly improve habitability.
LEGISLATIVE HISTORY:
2021-22: A.6299
2019-20: A.7909
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
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.
