S 689: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 689 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ 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: 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 the tenant's or lessee's 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02327-01-5 
 S. 689 2 1 tenant makes a complaint concerning a condition that is likely to cause 2 an infestation of pests or requests an inspection. A landlord shall 3 maintain a record of each such investigation, the form and content of 4 such records to be promulgated by the commissioner of health. Such 5 records shall be retained for a period of at least five years after such 6 investigation and shall be made available to the department of health 7 upon request. 8 (c) All leases offered to tenants or prospective tenants in such prem- 9 ises occupied or to be occupied for dwelling purposes shall contain a 10 notice, conspicuously set forth therein, which advises tenants of the 11 obligations of the landlord and tenant as set forth in this section. 12 3. When any premises occupied for dwelling purposes are subject to 13 infestation by pests, the landlord shall use integrated pest management 14 measures and eliminate conditions conducive to pests, and comply with 15 the following work practices: 16 (a) Inspect for, and physically remove pest nests, waste, and other 17 debris by High-Efficiency Particulate Air (HEPA) vacuuming, washing 18 surfaces, or otherwise collecting and discarding such debris; 19 (b) Eliminate points of entry and passage for pests by repairing and 20 sealing any holes, gaps or cracks in walls, ceilings, floors, molding, 21 base boards, around pipes and conduits, or around and within cabinets by 22 using sealants, plaster, cement, wood, escutcheon plates, or other dura- 23 ble material. Attach door sweeps to any door leading to a hallway, base- 24 ment, or outside the building to reduce gaps to no more than one-quarter 25 inch; and 26 (c) Eliminate sources of water for pests by repairing drains, faucets, 27 and other plumbing materials that accumulate water or leak. Remove and 28 replace saturated materials in interior walls. 29 4. The use of pesticides shall not substitute for pest management 30 measures described in subdivision three of this section. Any pesticide 31 applied shall be applied by a pest professional licensed by the depart- 32 ment of environmental conservation. 33 5. As used in this section the following terms shall have the follow- 34 ing meanings: 35 (a) "Pest" means any unwanted member of the Class Insecta, including, 36 but not limited to houseflies, lice, bees, cockroaches, moths, silverf- 37 ish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, 38 and such members of the Phylum Arthropoda as spiders, mites, ticks, 39 centipedes and wood lice, or of the Order Rodentia, including but not 40 limited to mice, Norway rats, and any other unwanted plant, animal or 41 fungal life that is a pest because it is destructive, annoying or a 42 nuisance. 43 (b) "Integrated pest management" means ongoing prevention, monitoring 44 and pest control activities to eliminate pests from any building, lot, 45 or dwelling. This includes, but is not limited to, the elimination of 46 harborages and conditions conducive to pests, the use of traps, and, 47 when necessary, the use of pesticides. 48 § 2. This act shall take effect on the thirtieth day after it shall 49 have become a law. Effective immediately, the addition, amendment and/or 50 repeal of any rule or regulation necessary for the implementation of 51 this act on its effective date are authorized to be made and completed 52 on or before such effective date.