Under New York bed bug laws, your landlord is responsible for identifying, treating, and paying to eliminate an infestation, and for disclosing known bed bug history before you sign a lease. If the landlord ignores the problem, you can force action through the city’s housing agency, sue for a rent abatement, and, in some cases, recover damages. State law also bars the landlord from retaliating against you for reporting.
Who Pays and Who Must Act
Every residential lease in New York, written or oral, includes an implied warranty of habitability under Real Property Law Section 235-b. The landlord guarantees the unit is fit for human habitation and free from conditions dangerous to life, health, or safety. Bed bugs, which cause bites, allergic reactions, sleep disruption, and psychological distress, clearly qualify. A landlord who knows about an infestation and does nothing is violating that warranty anywhere in the state.1New York State Senate. New York Code RPP Article 7 – Warranty of Habitability
When you report bed bugs, the landlord has to inspect the unit promptly and, if the infestation is confirmed, hire a licensed pest control professional. Do-it-yourself sprays do not satisfy the legal obligation. Because bed bugs travel through wall voids, electrical conduits, and gaps in flooring, the landlord should also check adjoining units and common areas. Treatment typically takes several visits over several weeks, and gaps around baseboards and cracks in walls should be sealed between visits.2Pesticide Safety Education Program (PSEP). State Laws and Regulations
The landlord pays. You cannot be billed for extermination, have the cost taken out of your security deposit, or be told treatment depends on your paying anything. Eliminating pests is squarely the owner’s responsibility.
Disclosure Rules, Statewide and in New York City
Real Property Law Section 235-j imposes a statewide duty to notify tenants of known bed bug infestations in the building. The notice cannot identify the specific unit or tenant, but it must be given. This applies everywhere in New York, not just the five boroughs. A landlord who conceals a known infestation is breaking state law.3New York State Senate. New York Code RPP Article 7 Section 235-J – Duty to Inform of Bed Bug Infestation
New York City goes further. Under Administrative Code Section 27-2018.1, landlords must give every tenant signing a vacancy lease a written notice, on a form approved by the state Division of Housing and Community Renewal, disclosing the bed bug history of both the specific unit and the building over the previous year. If you file a written complaint that the notice was never provided, the Division can order the landlord to furnish it.4NYC Department of Buildings. Housing Maintenance Code – Section 27-2018.1
Owners of buildings with three or more residential units must also file a Bed Bug Annual Report with the Department of Housing Preservation and Development (HPD) every December, even when the building has had no bed bugs. The report covers the number of units that experienced infestations, the number where extermination was performed, and whether infestations recurred after treatment. HPD posts the data publicly. After filing, the owner must distribute the receipt to tenants at lease commencement or renewal, or post it in the building within 60 days, along with the Department of Health’s “Stop Bed Bugs Safely” guide.5NYC Department of Housing Preservation and Development. Bedbug Annual Report Filing Form6NYC Housing Preservation and Development. Bed Bugs – HPD
What You Need to Do as the Tenant
Report in writing the moment you spot bugs or signs of them, such as small rust-colored stains on sheets, shed skins, or live bugs along mattress seams. Email, text, or a dated letter all work. That paper trail matters later if the landlord stalls.
Once treatment is scheduled, cooperate with the preparation the exterminator requires. The EPA’s recommended steps are the standard most pest control companies enforce before they begin:7U.S. EPA. Preparing for Treatment Against Bed Bugs
- Reduce clutter, bag items in sealed plastic before moving them, and get rid of cardboard boxes, which bed bugs nest in.
- Run bedding and clothing through a hot dryer cycle for at least 30 minutes, then store the items in sealed plastic bags until treatment is complete.
- Move the bed at least six inches from the wall, encase the mattress and box spring, and put interceptor traps under each bed leg.
- Vacuum floors, baseboards, and furniture seams, then seal and dispose of the vacuum bag in an outdoor bin right away.
- Clear paths to walls, closets, and furniture so the exterminator can reach every surface.
Skipping preparation can defeat the treatment and give the landlord an argument that you obstructed the process. If you have to throw out infested furniture, wrap it completely in plastic, tape it shut, and once it’s outside, slash the fabric and break the frame so no one takes it home. Label it as infested.
If the Landlord Ignores You
In New York City, file a complaint with HPD online or by calling 311. HPD sends an inspector, and if bed bugs are confirmed, the landlord gets a Notice of Violation classifying the infestation as a hazardous (Class B) violation. The correction deadline is 30 days from the date HPD mails the notice.8NYC Department of Buildings. Housing Maintenance Code – Section 27-2017.4 and 27-2115
If the landlord still does nothing, HPD can bring the case to Housing Court or, in some situations, arrange the extermination itself and bill the owner. Falsely certifying that a hazardous violation was corrected costs $250 to $500 per violation; false certification of an immediately hazardous violation runs $500 to $1,000. Failure to file the annual bed bug report generates a separate violation.9NYC Housing Preservation and Development. Penalties and Fees
Outside New York City, HPD has no role. The warranty of habitability and Section 235-j still apply, but you enforce them through your local code enforcement office or county health department, and the mechanisms vary by municipality.
Rent Abatement and Damages
When a landlord breaches the warranty of habitability, you can seek a rent abatement in Housing Court, meaning a court-ordered reduction in rent for the period the unit was infested. New York courts have granted abatements of 12% to 50% of monthly rent in bed bug cases, depending on how severe the infestation was and how long the landlord let it go. A Bronx Civil Court judge ordered a 50% abatement in one case; a Manhattan case spanning more than a year produced a 12% abatement.10Justia Law. Felice v Warf, 2019 NY Slip Op 29248
One limit worth knowing: at least one Appellate Term decision has held that consequential damages for property loss are not recoverable under a warranty of habitability claim. So a straight habitability case can produce a rent reduction but not reimbursement for a ruined mattress. To recover property damage, medical costs, and other out-of-pocket losses, you generally need a separate negligence claim, arguing the landlord knew about the infestation and failed to take reasonable steps.
Where you file depends on the amount. Small Claims Court in New York City handles cases up to $10,000, with filing fees of $15 to $20.11New York State Unified Court System. Small Claims Court – In General Civil Court has jurisdiction up to $50,000.12NYCOURTS.GOV. Civil Court – In General Above that, you file in Supreme Court.
Evidence That Wins These Cases
Start collecting proof the moment you suspect an infestation:
- Every written complaint to the landlord, with dates.
- Photos and video of the bugs, bites on your skin, stains on bedding, and the condition of the unit.
- Reports from any professional inspection or treatment.
- Medical records for bites, allergic reactions, or related treatment.
- Receipts for laundering, replacement bedding, encasements, temporary housing, and anything else you spent because of the infestation.
Protection Against Retaliation
Real Property Law Section 223-b prohibits landlords from retaliating against tenants who file good-faith complaints about health or safety violations, whether the complaint goes to the landlord, a government agency, or both. Retaliation includes serving eviction notices, refusing to renew a lease, and substantially altering lease terms, including imposing an unreasonable rent increase. A landlord found to have retaliated can be held liable for damages, attorney’s fees, and costs, and a court can enjoin the retaliatory action.13New York State Senate. New York Real Property Law Section 223-B – Retaliation by Landlord Against Tenant
If eviction proceedings begin within a reasonable time after you reported bed bugs, a court can presume the eviction is retaliatory, and the landlord has to prove a legitimate reason.
Renter’s Insurance and Bed Bugs
Standard renter’s insurance policies almost universally exclude bed bug infestations, treating them as a maintenance issue rather than a covered peril. Extermination, property replacement, and temporary relocation typically won’t be paid.
Some carriers offer an optional bed bug endorsement for roughly $2 to $4 per month. These riders come with real constraints: payout caps often sit between $300 and $2,500, they carry a separate deductible, and pre-existing infestations are excluded. Because your landlord is legally responsible for extermination costs in New York, the rider isn’t a substitute for that obligation. It’s a small cushion for laundering, encasements, and replacement bedding while you push the landlord to act.