Bill Text: NY A05723 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2016-06-01 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [A05723 Detail]

Download: New_York-2015-A05723-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5723
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced by M. of A. HOOPER, STECK, ARROYO -- Multi-Sponsored by -- M.
         of  A.  MILLER,  PEOPLES-STOKES,  ROBINSON,  TITONE  --  read once and
         referred to the Committee 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    S 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09234-01-5