Bill Text: NY A04143 | 2017-2018 | General Assembly | Introduced

Bill Title: Permits a landlord to inspect dwellings and exterminate bedbug infestations upon reasonable notice.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2018-01-03 - referred to housing [A04143 Detail]

Download: New_York-2017-A04143-Introduced.html

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
        Introduced by M. of A. HOOPER, STECK, ARROYO -- Multi-Sponsored by -- M.
          of A.  PEOPLES-STOKES, TITONE -- read once and referred to the Commit-
          tee on Housing
        AN  ACT  to  amend  the  real property law, in relation to inspection of
          dwellings and extermination of  bedbug  infestations  by  owners  upon
          reasonable notice
          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-h to read as follows:
     3    § 235-h. Bedbug infestations. 1. Definitions. As used in this section,
     4  the following terms shall have the following meanings:
     5    (a)  "Tenant"  shall  mean a person legally occupying residential real
     6  property who is either a party to the lease or rental agreement for such
     7  premises or is a statutory tenant.
     8    (b) "Dwelling" shall mean residential real property that  is  for  the
     9  occupation as a residence by a tenant or other legal occupant.
    10    (c)  "Owner"  shall  mean  the  owner of any real residential property
    11  being used as a dwelling.
    12    (d) "Eradication" shall mean  the  elimination  of  bedbugs  from  any
    13  dwelling  or  any  portion thereof through the use of pesticides, treat-
    14  ments, fumigation, or any other method of extermination.
    15    2. Bedbug (Cimex lectularius) infestations.  A  dwelling  owner  shall
    16  keep  the  premises  free  from  bedbug infestations through eradication
    17  measures. An owner shall provide a tenant with written notice  at  least
    18  forty-eight hours before the implementation of an eradication measure.
    19    3.  Notices.  An owner who has knowledge that bedbugs are present in a
    20  dwelling shall have the right to inspect the dwelling for  the  presence
    21  of  bedbugs.  Within forty-eight hours of such knowledge, an owner shall
    22  provide written notice to all tenants that  bedbugs  are  present  in  a
    23  dwelling.  Before  inspection  of  any  tenant apartment, an owner shall
    24  provide to a tenant written notice at least forty-eight hours before the
    25  implementation of an eradication measure.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.