Bedbug Law Update Will Take Effect for 2018

As a result of Local Law 69 of 2017, starting Nov. 6, 2017, all owners must attempt to obtain bedbug infestation history from tenants including any remedial or eradication methods. The new law requires owners to share written bedbug infestation histories with tenants on an annual basis. Notices posted in residential buildings or distributed to individual apartments must include the number of units in the building, the number of bedbug infestations reported in the last year, and the number of apartments where the landlord took steps to eradicate the parasites. The same information must also be shared with HPD in an annual report and posted online. Owners are not required to disclose specific apartment units in the notices.

Owners are already required to notify prospective tenants about bedbug infestations within the last year due to the NYC Bedbug Disclosure Act. This new law will require more frequent bedbug history updates—with each lease renewal, as opposed to each lease signing.

According to HPD, during December 2018 and before Jan. 1, 2019 (for the previous year, from November 2017 through November 2018) and each year thereafter, owners will be required to report information for each dwelling unit to HPD.

An owner of a multiple dwelling will be required to report electronically to HPD each December for its property:

• The number of dwelling units;
• The number of dwelling units, as reported or otherwise known to the owner, that had a bedbug infestation during the previous year;
• The number of dwelling units, as reported or otherwise known to the owner, in which eradication measures were employed during the previous year for a bedbug infestation; and
• The number of dwelling units reported that had a bedbug infestation after such eradication measure were employed in such units.

When submitting electronically, the owner will certify that either:

• A copy of such form will be distributed to each tenant of such building upon each lease renewal or the commencement of a new lease issued; or
• A copy of such form will be posted in a prominent location within the building within 60 days of the filing and that the owner will maintain a record that a copy of such form was prominently posted within 60 days of the filing of the information with HPD.

A link to the reporting application for property owners will be provided through HPDONLINE at http://www1.nyc.gov/site/hpd/about/hpdonline.page in December 2018. Pursuant to the law, HPD will also make the submitted information publicly available on its website.

Once this filing with HPD is completed by Jan. 1, 2019, an owner must provide each tenant, upon commencement of a new lease and with ease renewal lease, or post in a prominent location within such multiple dwelling, both of the following documents:

• A copy of the most recent electronic form submitted to HPD; and
• A notice, in a form issued or approved by DOHMH, that provides information about the prevention, detection, and removal of bedbugs.

HPD may issue violations for failing to file in a timely manner, failing to properly post the notice, or failing to provide documents as required to tenants.