Pest Infestations: Renters’ Rights and Solutions in New York

Dealing with pests in your New York apartment can be stressful and affect your well-being. Fortunately, state and city laws set clear rules to protect renters’ health and safety. This guide explains your legal rights, what landlords must do, and how you can take action if you’re living with an infestation.

Your Rights: Health & Safety Standards in New York Rentals

Both New York State and New York City require landlords to keep rental apartments free from infestations of mice, bedbugs, cockroaches, and other pests. This duty is often referred to as the “warranty of habitability,” set out in New York Real Property Law Section 235-b, meaning your home must be “fit for human habitation” and safe^[1].

• Landlords must: Take reasonable steps to prevent and quickly treat pest issues.
• Tenants must: Let the landlord or property manager know right away if there’s a pest problem.

What Counts as a Pest Infestation?

Pest infestations include: cockroaches, mice, rats, bedbugs, flies, ants, and other common vermin. In New York City, local law (the Housing Maintenance Code) also sets special requirements for bedbugs and provides protections when reporting issues^[2].

What to Do If You Have a Pest Issue

If you find evidence of pests, there are clear steps to follow. Acting promptly can help resolve the issue and protect your rights.

• Notify your landlord or property manager in writing (email, letter, or through your building’s reporting system).
• Describe the issue, location, and include dates — keep a copy for your records.
• Allow your landlord access to inspect and fix the problem.
• If your landlord doesn’t resolve the infestation in a reasonable time, you can file a formal complaint with city or state authorities.

Official Complaint Forms and How to Use Them

New York City and State provide avenues for renters to take action if pests are not addressed:

1. NYC Housing Preservation and Development (HPD) Online Complaint

• Form/Process: Submit a Housing Maintenance Complaint
• When/How to Use: If your landlord hasn’t resolved the problem after you’ve notified them, file an online complaint with HPD. For example, if you reported bedbugs last week and nothing happened, complete the online form.

2. HPD — Inspection Request (paper form)

• Form: HPD Tenant Complaint/Inspection Request Form (No official number; downloadable form may occasionally be available from NYC HPD forms page; most complaints are filed online).
• When/How to Use: In rare cases where an online form isn’t possible, contact 311 for instructions or visit the HPD website’s complaint section. This is helpful if you need an in-person filing or assistance.

3. NYS Division of Housing and Community Renewal (DHCR) Complaint Forms

• Form: DHCR Tenant’s Statement of Complaint(s) – Form RA-81
• When/How to Use: For issues in rent-regulated apartments, submit if the landlord fails to provide required services (such as extermination). Example: Use this if you have a rent-stabilized lease and ongoing mice problems.

What the Law Says: Warranty of Habitability

Under the New York State Real Property Law Section 235-b, landlords are legally obligated to maintain apartments free from dangerous conditions, including pests. The NYC Housing Maintenance Code adds extra requirements for multi-unit buildings^[2],[3].

Which Tribunal or Board Handles Disputes?

If communication and official complaints do not resolve the issue, renters may turn to the:

• New York State Division of Housing and Community Renewal (DHCR) – handles rent-regulated units, failure to provide services, and some landlord/tenant disputes.
• NYC Housing Preservation and Development (HPD) – inspects and enforces Housing Maintenance Code violations in most NYC rentals.
• New York City Housing Court – where tenants can sue landlords to force repairs ("HP Actions").

FAQ: Addressing Pest Problems in NY Apartments

1. What should I do first if I detect a pest infestation in my apartment?
   Notify your landlord right away in writing, providing details and evidence. Give them a few days to respond and arrange for treatment.
2. Can my landlord charge me for pest removal?
   No, landlords generally cannot charge tenants for extermination unless the tenant is responsible for causing the infestation. Always check your lease and local laws.
3. What if my landlord ignores my pest complaint?
   If there’s no response, file an official complaint through NYC HPD online, or by calling 311. If you live in a rent-regulated apartment, you can also submit a complaint to NYS DHCR.
4. Does reporting pests put me at risk of eviction?
   No. Retaliation for making a legitimate complaint is illegal under New York law.
5. How long must a landlord take to fix a pest problem?
   Response times vary, but the law requires landlords act promptly once notified. For severe issues (like bedbugs), faster action is required.

Conclusion: Keep Your Home Safe and Healthy

• New York law requires landlords to address pest infestations quickly.
• Always notify your landlord first and keep thorough records.
• Use official complaint forms if problems aren’t fixed—help is available from local agencies and tenant services.

Need Help? Resources for Renters

• NYC HPD Maintenance Complaint Portal — File complaints online and learn about your rights.
• NYS DHCR, Office of Rent Administration — Guides, forms, and services for rent-regulated apartments.
• New York City Housing Court — Help with tenant-landlord disputes and HP Actions.
• Dial 311 in New York City for direct support and complaint intake 24/7.
• HPD Quality of Life Reporting — Report recurrence or serious building-wide conditions.

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1. New York State Real Property Law Section 235-b – Warranty of Habitability
2. NYC HPD: Bed Bug Information and Requirements
3. NYC Housing Maintenance Code, Synopses and Details

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