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