S T A T E   O F   N E W   Y O R K
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                                  5304

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced  by  M.  of  A. HOOPER, MAYERSOHN, ARROYO, ROBINSON -- Multi-
  Sponsored by -- M. of A.  J. MILLER, M. MILLER, PEOPLES-STOKES,  PHEF-
  FER, P. RIVERA, TITONE, TOWNS -- read once and referred to the Commit-
  tee on Housing

AN  ACT to amend the real property law and the multiple dwelling law, in
  relation to inspection of dwellings and extermination of bedbug infes-
  tations by owners upon reasonable notice

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. BEDBUG INFESTATIONS. 1. AS USED IN THIS SECTION, THE  FOLLOW-
ING TERMS SHALL MEAN AND INCLUDE:
  (A) "TENANT" MEANS A PERSON OCCUPYING OR ENTITLED TO OCCUPY A RESIDEN-
TIAL RENTAL PREMISES WHO IS EITHER A PARTY TO THE LEASE OR RENTAL AGREE-
MENT FOR SUCH PREMISES OR IS A STATUTORY TENANT PURSUANT TO THE EMERGEN-
CY  HOUSING  RENT CONTROL LAW OR THE CITY RENT AND REHABILITATION LAW OR
ARTICLE SEVEN-C OF THE MULTIPLE DWELLING LAW.
  (B) "DWELLING" IS REAL PROPERTY EITHER RENTED, LEASED,  LET  OR  HIRED
OUT  TO  BE  OCCUPIED  OR IS OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR
MORE FAMILIES LIVING INDEPENDENTLY OF EACH OTHER.
  (C) "OWNER" IS THE OWNER OF THE FREEHOLD  OF  ANY  REAL  PROPERTY  (AS
DEFINED  IN SECTION TWO OF THE REAL PROPERTY LAW), OR OF A LESSER ESTATE
THEREIN, A MORTGAGEE OR VENDEE IN POSSESSION, ASSIGNEE OF RENTS, RECEIV-
ER, EXECUTOR, TRUSTEE, LESSEE, AGENT,  OR  ANY  OTHER  PERSON,  FIRM  OR
CORPORATION, DIRECTLY OR INDIRECTLY IN CONTROL OF REAL PROPERTY.
  (D)  "ERADICATION" MEANS THE ELIMINATION OF BEDBUGS FROM ANY RESIDENCE
THROUGH THE USE OF POISONS, FUMIGATION OR ANY OTHER METHOD  OF  EXTERMI-
NATION.
  2.  THE  OWNER  IN  CONTROL OF A DWELLING SHALL KEEP THE PREMISES FREE
FROM INFESTATIONS OF BEDBUGS THROUGH  ERADICATION  MEASURES.  THE  OWNER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08723-01-1
              

A. 5304                             2

SHALL  PROVIDE  REASONABLE  NOTICE  OF AT LEAST FORTY-EIGHT HOURS TO THE
TENANT OR TENANTS OF THE INTENDED TIME  AT  WHICH  ERADICATION  MEASURES
SHALL BE INSTITUTED.
  3. AN OWNER WHO HAS BEEN INFORMED BY A TENANT THAT BEDBUGS ARE PRESENT
IN  AN APARTMENT SHALL HAVE THE RIGHT TO INSPECT, UPON REASONABLE NOTICE
OF AT LEAST FORTY-EIGHT HOURS TO ALL OTHER TENANTS, ALL OTHER APARTMENTS
WITHIN THE DWELLING FOR THE PRESENCE OF BEDBUGS.
  S 2. The multiple dwelling law is amended by adding a new  section  85
to read as follows:
  S  85.  BEDBUG  INFESTATIONS.  1.  THE  OWNER IN CONTROL OF A MULTIPLE
DWELLING SHALL KEEP THE  PREMISES  FREE  FROM  INFESTATIONS  OF  BEDBUGS
THROUGH  ERADICATION MEASURES, WHICH INCLUDE THE USE OF POISONS, FUMIGA-
TIONS OR ANY OTHER METHOD OF  EXTERMINATION.  THE  OWNER  SHALL  PROVIDE
REASONABLE NOTICE OF AT LEAST FORTY-EIGHT HOURS TO THE TENANT OR TENANTS
OF THE INTENDED TIME AT WHICH ERADICATION MEASURES SHALL BE INSTITUTED.
  2. AN OWNER WHO HAS BEEN INFORMED BY A TENANT THAT BEDBUGS ARE PRESENT
IN  TENANT-OCCUPIED PARTS OF A MULTIPLE DWELLING SHALL HAVE THE RIGHT TO
INSPECT, UPON REASONABLE NOTICE OF AT LEAST  FORTY-EIGHT  HOURS  TO  ALL
OTHER  TENANTS,  ALL OTHER TENANT-OCCUPIED PARTS WITHIN THE DWELLING FOR
THE PRESENCE OF BEDBUGS.
  S 3. This act shall take effect immediately.