Bed bugs in NYC apartments: tenant rights

In New York City, getting rid of bed bugs is the landlord's job: HPD says owners must address infestations promptly and may hire only exterminators licensed by the New York State Department of Environmental Conservation (DEC). If you report bed bugs and the landlord doesn't act, call 311; an HPD inspector who sees live bed bugs will issue a violation.

NYC also has two disclosure rules that let you check a building before you move in: a bed bug history notice with every vacancy lease, and an annual bed bug report that owners file with HPD. Here's how each works and what to do if you find bugs.

What your landlord must do

Both the Housing Maintenance Code and the Health Code require owners to deal with infestations promptly, according to HPD. In practice that means:

• Hiring only pest control professionals licensed by the DEC (city law, Administrative Code § 27-2017.8, requires pesticides to be applied by a DEC-licensed professional)
• Having the professional inspect to confirm bed bugs and treat if needed
• Making follow-up visits to confirm the infestation is gone

When HPD issues a bed bug violation, the owner also receives a Health Department Commissioner's Order. It tells the owner to inspect the cited apartments, and if bed bugs are found, to also inspect the apartments next to, above and below, plus the common areas, to use a DEC-certified, registered pest management professional, and to keep a record of everything done.

What to do if you find bed bugs

1. 1

   Confirm what you’re seeing

   Adult bed bugs are flat, brown, oval and about the size of an apple seed. The Health Department says they hide inside mattresses and under mattress seams, and in furniture, floors and walls near where people sleep or lounge. Take clear, dated photos of what you find.
2. 2

   Tell your landlord in writing

   Email or text the landlord or managing agent with photos and the date. Ask when a licensed exterminator will inspect. Keep a copy.
3. 3

   Call 311 if nothing happens

   File a bed bug complaint by phone, online or in the 311 app. HPD will send an inspector.
4. 4

   Be home for the HPD inspection

   The inspector will ask where you’ve seen bed bugs and check mattress edges, headboards, bed frames, sofa crevices, furniture and door frames. A violation requires the inspector to see live bed bugs.
5. 5

   Prepare for treatment

   Follow the exterminator’s prep list. The Health Department says clothes can be washed and most furniture can be treated; only throw furniture away if no treatment works or a pest professional advises it.
6. 6

   Track follow-ups

   Note each visit date and what was done. If bugs come back, report again and ask about follow-up treatments and checks of neighboring units.

Who pays

The landlord must hire and pay the licensed exterminator to eliminate the infestation; that is part of the owner's duty to address it. Your own costs, like laundering or replacing belongings, are a different question. Whether you can recover them, or get a rent reduction, depends on the facts, such as whether the landlord delayed and where the bugs came from. Ask a tenant lawyer or Housing Court Answers (212-962-4795). Don't deduct treatment costs from rent on your own; read Can I withhold rent for repairs? first.

The bed bug disclosure on your lease

Under the NYC Housing Maintenance Code, an owner must give each tenant signing a vacancy lease (a new lease, not a renewal) a notice of the property's bed bug history for the past year. The state form, called DBB-N, has the owner check one of these:

Both you and the owner sign it. HPD refers tenants to NYS Homes and Community Renewal for more on this disclosure form. See Required NYC lease riders for the other notices that should come with a lease.

The annual bed bug report

Local Law 69 of 2017 requires owners to file a bed bug report with HPD every year. It's free to file; HPD warns owners about companies charging fees for it.

1. Nov 1 – Oct 31

   Reporting year

   The owner tracks bed bug history for every unit.

2. Dec 1 – Dec 31

   Owner files with HPD

   Reports the number of units, how many had bed bugs, how many were treated, and how many of those were infested again after treatment.

3. After filing

   You get the information

   The owner either gives each tenant the filing receipt at the start of each lease and at renewal, or posts it in a prominent location in the building. The owner must also give out or post the Health Department’s “Stop Bedbugs Safely” guide.

4. On HPD Online

   Public record

   HPD makes the submitted information public.

If your building has no posted report and you never received a receipt, ask the managing agent for it.

Check a building's bed bug history

Before you sign, look up the address on Roofy's building lookup for HPD bed bug violations and complaints, then compare with the owner's annual filing. A report that says "no infestations" next to recent violations deserves questions. Step-by-step: How to check a NYC building's bed bug history. Citywide numbers are in our bed bug reports analysis.

Health and moving

The Health Department says bed bugs don't cause or spread diseases, but bites can lead to infections; see a provider if bites look infected. It also suggests checking used furniture before you bring it home and protecting mattresses and box springs with bed bug-resistant covers. More tips in our NYC moving checklist.

This is general information, not legal advice.