My Apartment Has Bed Bugs


If My Apartment Has Bed Bugs, What Are My Rights?

Bed bugs are pests, and it's best that they are dealt with by professionals. You may need a number of services to eradicate the bugs, which can range from hiring a certified bug dog for an inspection, to hiring a pest control operator. 

Regardless of what you may need, it's important that you are clear on your rights and how to go about resolving your pest issue.

New York City Law on Bed Bugs

In New York City, all tenants have the legal right to pest-free housing. Bed bugs, along with cockroaches, termites, lice, and more, are classified as pests. This means that if they are found in your apartment, it's the job of your landlord to provide pest control treatment. Your landlord must eliminate all points of entry and passage by these pests and hire a licensed pest control person for the removal of the bed bugs.

Tenants’ Rights to a Building’s Bedbug History

Tenants, as well as potential renters, have the right to view the building’s bedbug infestation history from the previous year. Landlords are legally mandated to provide this history to each tenant yearly, however not many tenants know this. This means landlords may not send it out to their tenants unless it's explicitly requested.

Unfortunately, there is no way to completely prevent getting bed bugs. Cleanliness is always important in a rented apartment, but even being a very tidy and clean individual won’t entirely reduce the risks of getting them, because bed bugs feed on blood, unlike other pests that may be attracted to foods that have been left out. 

Bed bugs could attach to your clothing and enter the unit that way. However, there are preventative actions you can take to help reduce the chances of getting an infestation. It's also important to remember your rights as a tenant and seek help dealing with a bed bug infestation right away.

What Are a Landlord’s Responsibilities if a Unit Has Bedbugs?

Under the New York City bed bug law, any pest infestations must be dealt with directly by the landlord. This means they are required to use integrated pest management measures, which include inspection, removal, sealing of passages, and application of pesticides. Landlords cannot legally delegate this task by, for example, having the Super of the building deal with pest control.

Bed bugs are listed as a Class B violation according to the New York City Department of Housing Preservation and Development. This means, upon receiving a notice of violation, landlords must fix the infestation within 30 days.

Unfortunately, the bed bug laws don’t explicitly state that the landlord is required to pay for the initial inspection, but rather only the treatment of the pests. This means that you may be required to cover the costs of an inspection, although you might not know what your landlord’s protocols are until the issue arises. The steps landlords choose to take may vary: some landlords may go as far as to sign a contract with a bed bug inspection company, while others may refuse to cover this cost at all.

What to Do if Your Landlord Won’t Treat Bed Bugs in Your Apartment

Bedbugs are incredibly irritating pests, and removing them requires professional service. Legally, your landlord is responsible for providing pest management, but if you’re been renting in NYC for a long time, you might know that not all landlords are willing to comply with the laws regulating them.

If your apartment has bed bugs and you’ve notified your landlord, and they still refuse to address the issue, you may be able to pursue litigation to receive the proper pest management and potentially other damages as well.

If you think you have a case, contact Outerbridge Law today for an initial case consultation.