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.
S00689 would amend New York’s Real Property Law to make pest infestations in dwelling units a statutory breach of the warranty of habitability. It would require landlords to keep rental housing free of pests, prevent reasonably foreseeable infestations, and promptly remediate infestations and any underlying defects that contribute to the problem. The bill also limits landlord liability where the infestation is caused by the tenant’s willful or intentional conduct or that of people under the tenant’s control.
The bill goes beyond a general duty to address pests by creating specific inspection, recordkeeping, notice, and remediation requirements. Landlords would have to inspect occupied units and common areas at least annually, inspect more often when conditions or complaints suggest a risk, keep records for five years, and include a notice in leases describing landlord and tenant obligations. When pests are present, landlords would be required to use integrated pest management practices, including cleaning, sealing entry points, and correcting moisture or plumbing problems, and pesticide use would not be enough by itself unless applied by a licensed pest professional.
If enacted, the bill would directly expand and clarify landlords’ obligations under New York’s warranty of habitability law, creating an explicit statutory standard for pest-free housing. It would affect residential landlords, tenants, property managers, and pest control professionals, and would likely influence housing litigation and code enforcement by giving tenants a clearer basis to claim a habitability breach for infestations. It also would require the Department of Health and the Department of Environmental Conservation to support implementation through recordkeeping standards and pesticide-related licensing compliance.
The available context shows the bill as a tenant-protection measure with a strong public-health framing, and the text itself reflects a policy preference for proactive prevention rather than reactive extermination. Because there are no recorded committee transcripts or votes in the provided material, there is no documented opposition or support to measure directly. Based on the bill’s structure, the overall sentiment appears favorable toward stronger landlord accountability and healthier living conditions.
The main points of potential contention are the scope and cost of the new landlord duties. Landlords may object to mandatory annual inspections, five-year record retention, lease notices, and the requirement to use integrated pest management and address underlying defects, especially in older buildings where sealing and repairs may be costly. Another likely issue is the bill’s definition of pests, which is broad and includes insects, rodents, and other nuisance organisms, and the exception for tenant-caused infestations, which could lead to disputes over fault and proof.