If you’re a tenant in New York State facing a pest problem, you may be wondering who is responsible for dealing with the issue. In rental properties, especially in urban areas, pests such as cockroaches, bed bugs, rats, and mice can be a frequent issue.

However, the responsibility for pest control in these situations isn’t always straightforward and often depends on the local laws, the type of infestation, and the specific rental agreement.

In New York State, landlords have a legal obligation to provide tenants with a habitable living environment, which includes being free from health hazards caused by pest infestations.

However, tenants also play a role in maintaining a clean environment to prevent pests from becoming a recurring issue. Let’s dive deeper into the laws surrounding pest control responsibilities in New York, and explore what both landlords and tenants should know about handling pest infestations.

New York State Landlord Responsibilities for Pest Control

Under New York State law, landlords are required to maintain rental properties in a habitable condition. This means that they must ensure the property is safe, clean, and free from health hazards, including pest infestations. Specifically, landlords are responsible for controlling and removing infestations of pests like cockroaches, rats, mice, and bed bugs in rental units.

According to Local Law 55 of 2018 in New York City, landlords must take measures to prevent and address pest infestations, especially in multi-family buildings. This law classifies pest infestations as “indoor allergen hazards,” which landlords are required to address in a timely manner. A failure to do so could result in a violation, fines, or even legal action from tenants.

Types of Pests Landlords Are Responsible For

In general, New York landlords are responsible for controlling the following pests:

Rats and Mice: These pests are common in urban settings and pose serious health risks. Landlords are required to perform annual inspections and handle any rodent issues reported by tenants or identified during routine checks.
Cockroaches: Cockroaches are one of the most common pests in New York City, especially in older buildings. Cockroach infestations can trigger allergies and asthma, and landlords are legally obligated to address them.
Bed Bugs: Bed bugs are notoriously difficult to remove, and landlords are required to address bed bug infestations promptly. New York City landlords must also provide new tenants with a bed bug disclosure form, detailing any recent bed bug history in the unit.
Other Health Hazard Pests: This includes pests that can directly affect tenant health, such as ants, flies, or any pest that creates an unsanitary living condition.

Tenant Responsibilities for Preventing Pests

While landlords are responsible for handling existing infestations, tenants also play a role in pest prevention. New York laws emphasize that tenants should keep their apartments clean and sanitary to avoid attracting pests. Here are some of the responsibilities that tenants are generally expected to uphold:

Maintain Cleanliness: Tenants should keep their living areas free of food debris, properly store food, and dispose of garbage regularly. These simple actions can prevent many common pest problems.
Report Pest Issues Promptly: If a tenant notices any signs of a pest problem, they should notify the landlord immediately. Early reporting allows the landlord to address the issue before it becomes a larger infestation.
Avoid Attracting Pests: Tenants can avoid pest problems by practicing good hygiene, such as not leaving pet food out, sealing food containers, and not allowing clutter to accumulate.

While tenants are responsible for maintaining a clean environment, the burden of addressing an infestation falls on the landlord, provided that the infestation wasn’t caused by the tenant’s negligence.

Integrated Pest Management (IPM)

New York City requires landlords to use Integrated Pest Management (IPM) techniques when dealing with pest issues. IPM is an environmentally friendly pest control approach that focuses on prevention, monitoring, and limited use of pesticides. By law, landlords are required to use IPM to control indoor allergens and pests. Here are some IPM practices landlords are expected to implement:

Sealing Gaps and Cracks: Landlords must seal any cracks, holes, or gaps where pests might enter, particularly around windows, doors, and utility lines.
Removing Sources of Water and Food: Fixing leaky pipes, keeping common areas clean, and ensuring trash is managed properly are essential IPM practices.
Proper Disposal of Pest Waste: Using a high-efficiency particulate air (HEPA) vacuum to clean up pest droppings, nests, and other materials.
Minimal Use of Pesticides: Pesticides should only be used as a last resort, and only by licensed pest control professionals to avoid exposing tenants to harmful chemicals.

What Tenants Can Do if a Landlord Refuses Pest Control

If a landlord fails to address a pest issue, tenants in New York State have several options to seek recourse:

File a Complaint with the Housing Preservation and Development (HPD): Tenants can file a complaint with the New York City HPD by calling 311. The HPD will inspect the property and issue a violation if the landlord is not meeting their pest control responsibilities.
Hire Pest Control and Deduct the Cost from Rent: In some cases, tenants may be able to arrange pest control services on their own and deduct the cost from their rent. However, this should be done carefully and usually requires written notice to the landlord. Again, legal advice is recommended in such situations.
Break the Lease: In extreme cases where the infestation makes the apartment uninhabitable, tenants may be able to break their lease without penalty. This is typically a last resort and often requires documentation of the pest issue and efforts to resolve it.

Preventive Pest Control Tips for New York Landlords

To avoid pest problems and ensure tenant satisfaction, New York landlords should take proactive steps to keep their properties pest-free. Here are a few tips that can help:

Schedule Regular Inspections: Conducting regular pest inspections, even if there are no complaints, can prevent small issues from becoming major infestations.
Seal Entry Points: Prevent pests from entering the property by sealing cracks, gaps, and other openings that pests might use to gain access.
Maintain Clean Common Areas: Regularly clean and maintain common areas, including stairwells, basements, and laundry rooms, to eliminate any potential food sources for pests.
Educate Tenants: Encourage tenants to maintain cleanliness in their apartments and educate them about proper garbage disposal and food storage practices to help reduce the risk of attracting pests.
Keep Outdoor Areas Clean: Garbage should be stored in secure containers and kept away from the building. Additionally, trimming bushes and keeping the property free of clutter can help reduce the likelihood of a pest infestation.

Final Thoughts

Understanding the responsibilities around pest control is essential for both landlords and tenants in New York State. While landlords are required by law to maintain a habitable environment, tenants also have a role in preventing pest problems by keeping their living areas clean. By working together and following New York’s pest control guidelines, landlords and tenants can create a healthier, pest-free living environment.

If you’re a landlord or tenant dealing with a pest issue, consulting with a licensed pest control professional like The Pest Paison can help ensure the problem is handled effectively and in compliance with New York regulations.

Remember, a proactive approach to pest management benefits everyone involved, keeping the property safe, clean, and comfortable for all residents. Contact The Pest Paison to schedule a consultation for professional pest control services in Long Island and the surrounding areas.