Local Law 55 of 2018 - Asthma Free Housing Act and Integrated Pest Management

Tenants Rights and Landlord Responsibilities

Over the years, we've fielded phone calls from frantic parents stating that their child is living in an NYC apartment with rats. We've had calls from students who are spending a fortune on rent, yet are living with roaches day and night. No one wants to spend hard-earned money on rent only to share their space with hazardous pests that can pose a health risk and can be just downright gross.

So, what can you do? What does your landlord have to do? Welcome to Local Law 55.

New York City's Local Law 55 of 2018, also known as the Asthma-Free Housing Act, requires property owners with three or more apartments to keep units and common areas free of indoor allergens like mold, mice, rats, and cockroaches. https://www.nyc.gov/site/hpd/services-and-information/indoor-allergen-hazards-mold-and-pests.page

Core Landlord Obligations Include:
1. Annual Inspections: Inspect all units and common areas yearly for signs of pests, mold, and underlying moisture leaks.
As part of the annual inspection, Terminate Control can verify the existence or absence of signs of pests. We have several videos on our YouTube account, @TerminateControl, explaining what you as a homeowner, tenant, or landlord can look for and where to look in regards to pests. We don not treat leaks or mold.

2. Integrated Pest Management (IPM): Use preventative long-term methods—such as sealing cracks, fixing leaks, and installing door sweeps, rather than just spraying chemical pesticides. https://www.nyc.gov/assets/buildings/local_laws/ll55of2018.pdf §27- 2017.8

IPM is where Terminate Control is best utilized. We use a copper mesh system to prevent rusting and provide a long-term rat barrier solution. We also use a silicone-based sealant and specialized powder-drying pesticides that stay in place behind the sealant, providing a better long-term solution for insects.

3. Safe Remediation: Clean mold and remove pest waste using proper safety protocols, like HEPA vacuums and containment.

4. Licensed Professionals: Hire independent, NYS-licensed mold assessors and separate licensed remediators for mold areas over 10 square feet.

5. Tenant Notices: Provide the NYC Department of Health and Mental Hygiene Fact Sheet and owner responsibility notices upon lease signing, renewal, and annually.

If you find cockroaches, mice, or other allergen-causing pests in your NYC apartment, your landlord is legally required under Local Law 55 to investigate and eliminate them using safe, long-term pest-management methods.

Here are the chronological steps you should take to get the issue fixed:
1. Notify your landlord or property manager in writing (via email, text, or certified mail) so you have a paper trail of the complaint. We recommend this as the starting point. You can speak or write to your landlord but make sure you have the paper trail. So if you have a conversation, follow it up with an email or text at a minimum.

Allow the landlord a reasonable time to inspect and start remediation, which must include Integrated Pest Management (IPM) like sealing holes and cleaning waste, rather than just spraying chemicals. We recommend several days. The landlord can contact Terminate Control to inspect and start remediation. We say several days because this process just physically takes time to investigate, provide documentation and start remediating. There can be several moving parts to the process but be assured once it is started it can be finished in a reasonable amount of time.

2. Call 311 or file a complaint through the NYC 311 Online Portal if your landlord ignores your request, fails to fix the problem within 24 hours to a few days, or if the pests keep coming back.

3. Schedule an inspection with the NYC Department of Housing Preservation and Development (HPD) if 311 does not prompt landlord action, which will result in an official violation if mold or pests are found. We suggest this be a last resort method. Most landlords we have dealt with in NYC for over 40 years will comply with the initial request and start inspection and remediation within a few days. See below for caveats of scheduling an inspection.

If you have to go the route of a NYC HPD Inspection as a last resort here is how to prepare.
Preparing for a New York City Department of Housing Preservation and Development (HPD) apartment inspection requires pulling together clear evidence of your housing issues while ensuring your home passes HPD’s mandatory safety sweeps.

1. Gather Your Evidence and Documentation. This is the paper trail we referred to earlier. When the inspector arrives, you want to be organized so they can clearly log the violations.

Prepare the following items: The Paper Trail: Bring a printed list of every date and time you contacted your landlord or super regarding the issue. Have copies of text messages, emails, or letters you sent.

Photos and Videos: Have clear, dated photographs of the pests, mold, leaks, or broken fixtures printed out or readily accessible on your phone.

Logs (If Applicable): If your issue is a lack of heat, keep a "heat log" noting the exact date, time, indoor temperature, and outdoor temperature.

2. Understand the "Ten-Point Inspection" Even if you called 311 for a specific problem like cockroaches or mold, HPD inspectors are legally required to complete a baseline Ten-Point Inspection once inside your apartment. To prevent getting cited for things within your control, ensure your unit is ready for these checks:

- Smoke & Carbon Monoxide Detectors: Ensure you have functional detectors installed. Test them beforehand by pressing the test button; if they are missing or beep continuously, they will fail.

- Window Egress & Locks: Check that windows leading to fire escapes do not have illegal padlocks, bars, or gates that prevent a quick exit. Additionally, illegal "double cylinder locks" (locks requiring a key from the inside to get out) are completely prohibited.

- Window Guards: If a child under the age of 11 lives with you, window guards must be properly installed on all windows.

- Self-Closing Doors: Ensure your apartment’s main entry door closes and latches completely on its own when opened, as this is a strict fire safety requirement.

Remember HPD will check all ten points. They may find something else in violation as a byproduct of your inspection request.

3. Clear Access Paths and Rooms The inspector must be able to physically access the areas where the problems are occurring. Clear clutter away from radiators, under-sink cabinets, and areas where pests or mold are present. Unlock all interior bedroom and bathroom doors. If an inspector cannot access a room, it can cause the inspection to fail or delay the violation process.

4. What to Do on Inspection Day Verify Identity: City field personnel will always wear an official agency uniform or jacket and carry a valid photo ID badge. According to NYC.gov, “You can request that the inspector show a City-issued photo ID or badge before allowing them entry.” Note that real HPD inspectors will never ask for your immigration status or demand a passport.

Be Courteous but Thorough: Walk the inspector directly to the problem areas. As advised by Housing Court Answers, “You should not argue with the inspector if he or she does not mark things that you believe are violations.” If they miss something, you can still present your own photo evidence if your case goes to housing court.

So, that's the rundown of tenant rights and landlord responsibilities. We recommend a simple conversation, with a paper trail, to get the ball rolling. You can have your landlord contact Terminate Control and we will work them to ensure inspection and remediation efforts move forward in a reasonable amount of time and help address the underlying causes of the pest issue.