Roaches, mice and rats: your landlord's duty in NYC

Yes: in a New York City building with three or more apartments, the owner must keep your apartment and the common areas free of mice, cockroaches and rats, and must do it with integrated pest management, not just a spray. Tell the landlord in writing first; if nothing happens, file a complaint with 311 so HPD can inspect and issue a violation.

The rule comes from Local Law 55 of 2018, which added pest and mold duties to the city's Housing Maintenance Code. HPD treats mice, rats and roaches inside an apartment or common area as an immediately hazardous condition. Here is what that means in practice, what you are expected to do, and how to push a slow landlord.

What your landlord must do under Local Law 55

HPD lists these owner duties for buildings with three or more units:

• Inspect every year. Owners must check apartments for mice, cockroaches, rats and mold at least once a year, and more often when they know or should know about a condition that causes pests. They must also respond when a tenant reports pests or asks for an inspection.
• Clean between tenants. A vacant apartment must be thoroughly cleaned and free of pests and mold before the next tenant moves in.
• Give you notice. With each lease, the owner must give a notice describing these responsibilities and the city's indoor allergen fact sheet.
• Fix the cause, not just the bugs. The owner must correct the underlying conditions, such as leaks and holes, using safe work practices.

What integrated pest management means

Integrated pest management (IPM) is the method the law requires. HPD's Local Law 55 guide for owners spells it out:

1. 1

   Remove nests, droppings and debris

   Clean up pest waste with a HEPA vacuum, by washing surfaces, or by collecting and discarding it, while limiting dust.
2. 2

   Seal the way in

   Repair and seal holes, gaps and cracks in walls, ceilings, floors, molding and baseboards, around pipes and conduits, and in cabinets, using sealant, plaster, cement, wood, escutcheon plates or another durable material.
3. 3

   Cut off water

   Repair drains, faucets and other plumbing that leak or collect water, and remove and replace saturated material inside walls.
4. 4

   Add door sweeps

   Doors that lead to a hallway, basement or outside get door sweeps that reduce the gap to no more than one-quarter inch.
5. 5

   Use pesticides sparingly

   Only a pest professional licensed by the NYS Department of Environmental Conservation may apply pesticides, and pesticides do not replace the other steps.

What you are expected to do

The landlord carries the legal duty, but HPD also asks tenants to help. These steps make treatment work and protect you if the owner later argues you caused the problem:

• Report leaks, mold and pests to the landlord promptly, in writing.
• Keep the apartment clean and dry, store food in sealed containers and cut down clutter.
• Use garbage cans with tight-fitting lids, and take out tied-up garbage and recycling daily.
• Avoid using pesticides and strong-smelling chemicals yourself.
• Let the owner and the pest professional in at reasonable, scheduled times.

Under New York's warranty of habitability, a landlord is not responsible for conditions that the tenant's own misconduct caused. In a multi-unit building, though, mice and roaches travel through walls and pipe chases, so a single clean apartment can still be infested. That is why the law puts the building-wide fix on the owner.

How to get pests treated, step by step

1. 1

   Write to the landlord or managing agent

   Describe what you see (droppings, live roaches, gnaw marks), where, and since when. Email or text is fine; keep a copy. Ask for an inspection and integrated pest management treatment.
2. 2

   Document it

   Take dated photos or video of droppings, live pests, holes and leaks. Keep a short log of sightings and every contact with the landlord.
3. 3

   File a 311 complaint if nothing happens

   Use 311 Online, the 311 app or call 311. HPD responds to complaints about mice, rats and roaches. See how to file an HPD complaint through 311.
4. 4

   Be home for the inspection

   An HPD inspector who sees the condition can issue a violation. HPD also asks about mice, cockroaches and rats at every complaint inspection, even when you called about something else.
5. 5

   Escalate if the violation is ignored

   Check the violation status on the building lookup. If it stays open, consider an HP action in Housing Court or, in a rent-stabilized apartment, a rent reduction complaint with NYS Homes and Community Renewal.

Violations: what HPD issues and how they close

HPD classifies mice, rats or cockroaches in any apartment or common area as Class C, the most serious class, with 21 days to correct. Other pests fall under Class B, with 30 days. (Bed bugs have their own rules; see bed bugs in NYC apartments.)

An owner cannot simply say the problem is gone. For pest violations issued after January 19, 2019, removing the violation requires an HPD visual inspection (or a paid dismissal request) and the owner's pest affidavit, form AF-6. Only the owner, managing agent, corporate officer or other responsible party on the building's registration may certify the correction.

Most of these were written as Class C, matching HPD's classification chart; a small share appear in the data as Class B. Roaches and mice are among the most common serious violations HPD writes. You can see whether a building you live in, or are thinking of renting, has open pest violations on its Roofy building page. For the citywide picture, see NYC apartment pest complaints.

Rats outside the building

Rats in your apartment or a common area are the landlord's responsibility and an HPD matter. Rats in the backyard, garbage area or on the property also point to conditions the owner controls, such as uncovered trash or burrows near the foundation. Report them through 311 as well. For neighborhood trends, see NYC rat inspection results.

Can I stop paying rent or get money back?

Withholding rent on your own is risky. It can lead to a nonpayment case, so read can I withhold rent for repairs before you try it. Safer routes exist:

• Rent-stabilized or rent-controlled tenants can file a decreased-services complaint with NYS Homes and Community Renewal (Form RA-81 for one apartment, RA-84 for building-wide conditions). If HCR finds services were not maintained, it can order repairs and reduce the rent. For stabilized tenants the reduction is generally the most recent lease guideline increase.
• Any tenant can raise a breach of the warranty of habitability in Housing Court, either in an HP action or as a defense if the landlord sues for rent.

This guide is general information, not legal advice. Your rights can depend on your lease and the type of building. HPD's indoor allergen page and 311 are the official places to confirm the rules.