Starting December 22, 2024, New York's Real Property Law (RPL) will be amended to include requirements for residential landlords/lessors to inform their tenants of a bed bug infestation.
Requirements Under the New Law
The new law, RPL § 235-j, requires a landlord or lessor who has knowledge of a bed bug infestation in their residential premises to provide all tenants and lessees of the premises with written notice advising them of the infestation within 24 hours of the landlord or lessor learning of the infestation.
Housing Providers Impacted
This law will apply to any housing provider that leases apartments, residential units, or homes in New York State. The tenants and lessees entitled to receive notice from their landlord or lessor of a bed bug infestation include shareholders/proprietary lessees; occupants and subtenants in cooperatives; rental building tenants and subtenants; tenants in individual condominium units that are leased by the unit's owner(s); and tenants in single or multi-family homes. The law does not require boards or managing agents of condominium buildings to provide notice of a bed bug infestation to condominium unit owners, since the obligation to disclose an infestation is limited to "tenants and lessees" and condominium unit owners are not considered tenants or lessees.
Anticipated Amendments on the Horizon
The law is expected to be amended in the upcoming 2025 legislative session. Upon signing the bill into law, Governor Hochul noted that she had agreed to do so after striking a deal with legislators to make certain amendments and clarifications. The anticipated changes include lengthening the timeframe by which notice is to be provided from 24 hours to 72 hours, and limiting the tenants and lessees who are entitled to receive notice to only those who are in close proximity to the infestation or otherwise at risk rather than all tenants. In addition, the law may be amended to provide that if an infestation is discovered in a common area, a public notice may be used to inform tenants in the building.
Kindly note that, although these amendments are expected in 2025, the law as it currently stands requires landlords or lessors to provide written notice to all tenants and lessees within 24 hours of having knowledge of a bed bug infestation.
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