Local Law 69 of 2017 requires that all owners of apartment building with three of more units attempt to obtain the bedbug infestation history from the tenant, including whether eradication measures were employed for a bedbug infestation. Owners must then file bedbug infestation and treatment reports with HPD. Owners must file annually between Dec. 1 and Dec. 31 for the previous year from November 2023 through October 2024.

The law requires owners to file the bedbug history for each of their properties electronically with HPD. Once the Bedbug Annual Report has been filed, the owner must either provide the filing receipt to each tenant (upon commencement of a new lease and with each lease renewal) or post the filing receipt in a prominent location in the building. In addition, the owner must either distribute to each tenant or post the DOHMH’s Stop Bed Bugs Safely guide, which provides information on the prevention, detection, and removal of bedbugs.

General Bedbug Requirements

Owners must maintain their property free from pests, including roaches, mice, and bedbugs. Local Law 55 of 2018 requires owners to use Integrated Pest Management (IPM) to address pest infestations. HPD and the Department of Health and Mental Hygiene (DOHMH) has advocated for IPM as the safest and most effective way to manage pests. IPM focuses on the following:

• Eliminating pests’ access to food and water.
• Eliminating pests’ ability to travel within a building.
• Using low toxicity pesticides that can be administered only by a licensed professional and apply them in a manner that minimizes secondary exposure.

Also, New York State law requires that property owners hire only pest control professionals licensed by the NYS Department of Environmental Conservation (DEC) to treat apartments for bedbugs. The pest control professional should perform an inspection to confirm the presence of bedbugs and to eliminate bedbugs, if necessary. Property owners are expected to make follow-up visits to ensure that there are no signs of a bedbug infestation.

Complaints and Violations

If tenants file a bedbug complaint, the caller may be asked by the 311 operator about whether it would be acceptable for HPD to bring a dog trained to sniff out bedbugs to participate in an inspection. Whether or not a dog is present during an inspection, an HPD inspector will conduct a visual inspection. If the HPD inspector finds bedbugs, the owner is issued an HPD Notice of Violation (NOV) ordering that the condition be addressed. When a NOV is issued by HPD, the owner also receives a DOHMH Order of the Commissioner.

All violations for pests are class C violations. And the owner has 21 days to correct the condition. This time period is often not sufficient to completely eradicate the pest infestation. It may take several treatments of a pest condition over the course of months in order to eliminate pests and so an owner working in good faith may not have adequate time to address the condition by the violation correction date.

The Commissioner’s Order gives owners more details on the requirements for addressing bedbugs, including:

Inspect the apartment(s) cited for bedbugs. If you find a bedbug infestation in the apartment(s), inspect all units adjacent to, above, and below the infested units, as well as all common areas, and retain the services of a pest management professional certified and registered by the DEC to take all measures necessary to remove bedbug infestation where found.

Keep a record of all actions taken in compliance with the Order. Certification of HPD’s NOV is the only required notification back to the city that the condition has been corrected as instructed. There’s no response directly to the DOHMH. The HPD NOV Certification of Correction requires a sworn statement that the above corrective actions have been taken, in compliance with the DOHMH Commissioner’s Order.

Annual HPD Bedbug Filing Requirements

The online application allows only validly registered property owners and managing agents of multiple dwellings to disclose bedbug infestation history. Electronic filing is still required even when there is no reported bedbug activity in a dwelling unit. The online portal for the annual bedbug filing can be found at https://hpdcrmportal.dynamics365portals.us/. Furthermore, pursuant to the law, HPD will make the submitted information publicly available online.

A building’s property registration must be current. And the online bedbug filing application will allow only validly registered property owners and managing agents of multiple dwellings to disclose bedbug infestation history.

Owners are required to file an aggregate report of the bedbug infestation history that includes infestation history for all units, not an infestation history for an individual dwelling unit. Owners are required to report the following information:

• Total dwelling unit count. The total number of units in the multiple dwelling (whether or not the unit is occupied).
• Infested dwelling unit count. The number of units, as reported by a tenant or otherwise known to the property owner, to have had a bedbug infestation for the reporting period and annually for each subsequent report.
• Eradicated dwelling unit count. The number of units where eradication measures were employed for the reporting period.
• Re-infested dwelling unit count. The number of units that reported having a bedbug infestation after eradication methods were employed for the reporting period and annually for each subsequent report.

When submitting, owners certify that either:

• A copy of the most recent electronic form will be distributed to each tenant of the building upon each lease renewal or the commencement of a new lease issued; or
• A copy of the 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 the form was prominently posted within 60 days of the filing of the information with HPD.

Once this filing with HPD is completed, in addition to taking the action that the owner certifies to (either providing the filing to each tenant, upon commencement of a new lease and with each renewal lease, or posting in a prominent location within the building), the owner must either distribute the DOHMH’s Stop Bed Bugs Safely guide or post DOHMH’s Bedbug Information Notice. This notice provides information about the prevention, detection and removal of bedbug infestation. The form must be posted within 60 days of the filing of the Bedbug Annual Report.

It’s important to note that in addition to the city-level bedbug filing requirements, state law requires owners to disclose bedbug infestation history dating back one year to new tenants through the bedbug disclosure form. This form can be found at http://www.nyshcr.org/forms/rent/dbbn.pdf.

DOHMH’s Guide for Proper Disposal of Bedbug-Infested Household Items

Most times, clothing, bedding, and furniture from a home with a bedbug problem can be treated and don’t need to be thrown away. If a tenant decides to dispose of items, they should be carefully sealed in a plastic bag or container first so the bedbugs don’t spread.

SEALING HOUSEHOLD GOODS FOR DISPOSAL

• Items should be enclosed in heavy-duty plastic sheeting or plastic bags before removing them.
• All plastic bags and sheeting should be taped so there are no openings. Use duct or box tape.
• Carefully handle all sealed infested items when disposing of them to prevent damage to the wrapping.
• If possible, place the infested items in a secure garbage container that seals tightly so that bedbugs can’t escape.

DISPOSAL OF SEALED ITEMS

• SMALLER ITEMS

• Place small items such as clothes, bed linens, toys, throw rugs, shoes, and other personal belongings in a heavy-duty trash bag and use tape to seal the bag so that bedbugs can’t escape.
• Attach a sign on the bags clearly stating, “BEDBUG INFESTED -- DO NOT TAKE” to discourage other people from taking infested items to their homes.
• Infested items to be discarded should be placed on the street curb close to the time they will be collected by the Sanitation Department.

• MATTRESS, BOX SPRINGS, AND OTHER LARGE FURNITURE 

• By law, all mattresses and box springs must be encased in a sealed plastic bag before they can be discarded.
• Cut or deface mattresses, bed frames, and upholstered furniture to discourage someone from taking them into their home.
• Before disposal, wrap the item in heavy-duty plastic and securely seal it with duct tape. Do this in the room where the item was stored so that bedbugs do not spread throughout the house.
• Attach a sign to the furniture clearly stating, "BEDBUG INFESTED -- DO NOT TAKE" to discourage other people from taking infested furniture to their homes.
• Place the items on the curb close to the time the trash is collected by the Sanitation Department.
• If tenant has used a vacuum cleaner, tenant should discard the bag, or empty the receptacle in a sealed plastic bag. All washable parts of the vacuum cleaner should be thoroughly cleaned in hot water and detergent.
• Infested items for disposal shouldn't be left with the regular building trash. Apartment buildings should have a designated area for temporary storage of encased, bedbug-infested items that are awaiting disposal.
• Residents of infested apartments should notify and work with the building management to remove and dispose of infested items.
• Don’t donate items from an infested home.