By: Solomon Chouicha

Governor Hochul recently signed into law an amendment to Real Property Law Section 235-j concerning landlords’ duty to notify its tenants of bedbug infestations. Previously, the law required landlords to notify tenants of such infestations within 24 hours of the landlord receiving knowledge of an infestation. The amendment modifies the notification requirements.

Under the amendment, if an individual unit is infested with bedbugs, the landlord, upon learning of the infestation, has 72 hours to notify tenants and lessees of the infestations. The notification must be in writing and is limited to tenants and lessees who reside in units immediately above, immediately below, and immediately adjacent to the infested unit. The notice shall not identify the infested unit, nor shall it contain any personally identifying information of the tenant or tenants whose unit experienced the bed bug infestation.

If there is a bedbug infestation in a common area of a building, the landlord or lessor must place notice of such infestation in a conspicuous location accessible to all tenants and lessees residing in the premises within 72 hours of the landlord or lessor having knowledge of the bed bug infestation.

However, the notification provision under this law do not apply when the landlord or lessor is subject to notice and remediation obligations related to bed bug infestations pursuant to a judicial order, legal settlement, or binding agreement with a federal, state, or local regulatory entity while such judicial order, legal settlement, or binding agreement is in effect.