Bill Text: NY A07909 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A07909 Detail]

Download: New_York-2019-A07909-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7909

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 28, 2019
                                       ___________

        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:

     1    Section 1. The real property law is amended by adding  a  new  section
     2  235-bbb to read as follows:
     3    §  235-bbb.  Remediation of pest infestations. 1. (a) The existence of
     4  an infestation of pests in a premises occupied for dwelling purposes  is
     5  hereby  declared  to  constitute  a  condition dangerous to health and a
     6  breach of the warranty of habitability for the purposes of  section  two
     7  hundred  thirty-five-b  of  this article. A landlord shall keep premises
     8  occupied for dwelling purposes free from an infestation  of  pests,  and
     9  shall  prevent the reasonably foreseeable occurrence of such a condition
    10  and shall expeditiously remediate  such  condition  and  any  underlying
    11  defect,   when  such  underlying  defect  exists,  consistent  with  the
    12  provisions of this section.
    13    (b) A landlord shall not be liable for a breach  of  the  warranty  of
    14  habitability  pursuant  to  this section where such infestation of pests
    15  has been caused by a willful or intentional act of the tenant or  lessee
    16  or persons under his or her direction or control.
    17    2.  (a)  The landlord of premises occupied for dwelling purposes shall
    18  cause an investigation to be made for pests  in  all  occupied  dwelling
    19  units and in common areas as set forth in paragraph (b) of this subdivi-
    20  sion.
    21    (b)  Investigations  shall be undertaken by a landlord at least once a
    22  year and more often if necessary, such  as  when,  in  the  exercise  of
    23  reasonable care, such landlord knows or should have known of a condition
    24  that  is  reasonably  foreseeable to cause an infestation of pests, or a
    25  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

     1  an  infestation  of  pests  or requests an inspection.  A landlord shall
     2  maintain a record of each such investigation, the form  and  content  of
     3  such  records  to  be  promulgated  by  the commissioner of health. Such
     4  records shall be retained for a period of at least five years after such
     5  investigation  and  shall  be made available to the department of health
     6  upon request.
     7    (c) All leases offered to tenants or prospective tenants in such prem-
     8  ises occupied or to be occupied for dwelling purposes  shall  contain  a
     9  notice,  conspicuously  set  forth therein, which advises tenants of the
    10  obligations of the landlord and tenant as set forth in this section.
    11    3. When any premises occupied for dwelling  purposes  are  subject  to
    12  infestation  by pests, the landlord shall use integrated pest management
    13  measures and eliminate conditions conducive to pests,  and  comply  with
    14  the following work practices:
    15    (a)  Inspect  for,  and physically remove pest nests, waste, and other
    16  debris by High-Efficiency  Particulate  Air  (HEPA)  vacuuming,  washing
    17  surfaces, or otherwise collecting and discarding such debris;
    18    (b)  Eliminate  points of entry and passage for pests by repairing and
    19  sealing any holes, gaps or cracks in walls, ceilings,  floors,  molding,
    20  base boards, around pipes and conduits, or around and within cabinets by
    21  using sealants, plaster, cement, wood, escutcheon plates, or other dura-
    22  ble material. Attach door sweeps to any door leading to a hallway, base-
    23  ment, or outside the building to reduce gaps to no more than one-quarter
    24  inch; and
    25    (c) Eliminate sources of water for pests by repairing drains, faucets,
    26  and  other  plumbing materials that accumulate water or leak. Remove and
    27  replace saturated materials in interior walls.
    28    4. The use of pesticides shall  not  substitute  for  pest  management
    29  measures  described  in subdivision three of this section. Any pesticide
    30  applied shall be applied by a pest professional licensed by the  depart-
    31  ment of environmental conservation.
    32    5.  As used in this section the following terms shall have the follow-
    33  ing meanings:
    34    (a) "Pest" means any unwanted member of the Class Insecta,  including,
    35  but  not limited to houseflies, lice, bees, cockroaches, moths, silverf-
    36  ish, beetles, bedbugs, ants, termites, hornets,  mosquitoes  and  wasps,
    37  and  such  members  of  the  Phylum Arthropoda as spiders, mites, ticks,
    38  centipedes and wood lice, or of the Order Rodentia,  including  but  not
    39  limited  to  mice,  Norway rats, and any other unwanted plant, animal or
    40  fungal life that is a pest because it  is  destructive,  annoying  or  a
    41  nuisance.
    42    (b)  "Integrated pest management" means ongoing prevention, monitoring
    43  and pest control activities to eliminate pests from any  building,  lot,
    44  or  dwelling.  This  includes, but is not limited to, the elimination of
    45  harborages and conditions conducive to pests, the  use  of  traps,  and,
    46  when necessary, the use of pesticides.
    47    §  2.  This  act shall take effect on the thirtieth day after it shall
    48  have become a law. Effective immediately, the addition, amendment and/or
    49  repeal of any rule or regulation necessary  for  the  implementation  of
    50  this  act  on its effective date are authorized to be made and completed
    51  on or before such effective date.