A bill sitting in the New York State Assembly would change what a pest problem means for every residential landlord in the state. Assembly Bill A6092 (Senate S689) would add a new section 235-bbb to the Real Property Law treating any pest infestation in a dwelling as a breach of the warranty of habitability — and it would put the obligation to prevent, find and fix infestations squarely on the owner. (Bill text and status: NY Senate.)
It hasn't passed. As of this writing it's in the Assembly Housing Committee, where it was referred on Jan. 7, 2026. But it's the clearest signal yet of where New York is heading, and the requirements it lays out are a useful checklist for anyone who owns or manages rental housing on Long Island, in New York City, or anywhere in the state.
What the bill would require
- Infestation = breach of habitability. Any pest infestation in a dwelling would be a breach of the warranty of habitability, which is the legal basis for rent abatements and tenant actions.
- A duty to prevent, not just respond. Landlords would have to keep units free of infestation, prevent reasonably foreseeable infestations, and promptly remediate both the pests and the underlying defects — the leak, the gap, the hole — that let them in.
- Annual inspections. Every occupied unit and all common areas inspected for pests at least once a year, more often when conditions call for it.
- Five-year records. Inspection records kept for at least five years.
- Integrated pest management. Sealing entry points, fixing leaks, removing harborage — not just spraying.
- Licensed applicators only. Pesticide use limited to licensed pest control professionals.
- One exemption. A landlord isn't liable for an infestation a tenant willfully or intentionally caused.
Why this matters before it passes
Two reasons. First, most of these obligations already exist in practice. New York's warranty of habitability (Real Property Law §235-b) already covers pest conditions; NYC's Housing Maintenance Code already makes owners responsible for keeping buildings free of rodents and insects, and HPD already issues violations for it. The bill mostly turns case-by-case liability into a standing duty with a paper trail.
Second, the paper trail is the point. Annual inspections and five-year records mean that the next tenant complaint, rent-abatement claim or housing-court appearance is decided on what's in the file. An owner with a dated inspection of every unit, a service log and documented exclusion work is in a different position from one who called an exterminator after the complaint came in.
What a compliant program looks like now
Whether or not A6092 becomes law, this is the shape of a rental pest program that satisfies the bill's requirements and the existing code:
- Annual inspection of every unit and all common areas — kitchens, baths, utility closets, basements, compactor rooms, laundry, roof access, exterior building line — with a written report per unit.
- Integrated pest management as the default. Sealing pipe penetrations and door sweeps, fixing moisture, removing harborage, and using tamper-resistant bait stations and targeted treatments rather than broadcast spraying.
- Documented remediation of the underlying defect every time pests are found, because the bill ties liability to the defect, not just the bug.
- Service records kept five years, organized by unit and date, so they can be produced on request.
- Certified technicians. Rest Easy's technicians are certified or working under the supervision of a certified applicator, which is what the bill's "licensed professional" requirement contemplates.
The pests that generate the complaints
In New York rental housing, the infestations that end up in habitability claims are predictable: mice and rats (basements, compactor rooms, ground-floor units), German cockroaches (kitchens, spreading unit to unit through shared walls and plumbing chases), and bed bugs (any unit, spreading through adjacent units and common areas). All three are building problems, not unit problems — treating the unit that complained without inspecting the units around it is how a $300 service call becomes a lawsuit.
For owners, managers and boards
If you own or manage rental units in Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, Staten Island or Westchester, the question to ask now is whether you could produce an inspection record for every unit for the past year. If not, that's the gap the bill would turn into a liability — and the one a program closes.
A phone quote for a multi-unit inspection program is free. Call 888-927-9842 or request a quote online.
Frequently asked questions
- Has New York's landlord pest inspection bill passed?
- No. A6092/S689 is in the Assembly Housing Committee as of January 2026. It has not been voted on.
- Are landlords in New York already responsible for pest infestations?
- Yes. The warranty of habitability (RPL §235-b) and, in New York City, the Housing Maintenance Code already make owners responsible for pest conditions. The bill would make the duty explicit and add inspection and record-keeping requirements.
- How often would landlords have to inspect for pests under the bill?
- At least once a year for every occupied unit and all common areas, and more frequently when conditions warrant.
- What is integrated pest management for a rental building?
- A program that combines inspection, sealing entry points, correcting moisture and sanitation problems, monitoring, and targeted treatment — rather than relying on pesticide application alone.
- Does the bill apply to co-ops and condos?
- It applies to landlords of residential dwellings. Co-op boards are landlords to their shareholders; condo boards are responsible for common areas. Both should expect the same inspection and record standards.
- What records should a landlord keep for pest control?
- Dated inspection reports by unit, service visit logs, bait station maps, and documentation of entry points sealed and defects corrected — retained at least five years under the bill.