Start Compiling Bedbug Infestation History for HPD Reporting Requirement

In 2017, Local Law 69 passed requiring all multifamily owners to attempt to obtain bedbug infestation history from tenants, including any remedial or eradication methods they used. By state law, owners were already required to notify prospective tenants about bedbug infestations within the last year due to the NYC Bedbug Disclosure Act. But Local Law 69 requires more frequent bedbug history updates—with each lease renewal, as opposed to each lease signing.

Local Law 69 requires owners to share written bedbug infestation histories with tenants on an annual basis. Notices posted in residential buildings or distributed to individual apartments must include the number of units in the building, the number of bedbug infestations reported in the last year, and the number of apartments where the landlord took steps to eradicate the parasites. The same information must also be shared with HPD in an annual report and posted online. Owners are not required to disclose specific apartment units in the notices.

Bedbug Reporting Requirements

There are two reporting requirements related to bedbugs in New York City. First, New York State law requires property owners to disclose bedbug infestation history dating back one year to new tenants through the Bedbug Disclosure Form [see Notice to Tenant Disclosure of Bedbug Infestation History, Form Dbb-N, DHCR 10/10, at http://www.nyshcr.org/forms/rent/dbbn.pdf].

Second, during the upcoming month of December and before Jan. 1, 2019 (for the previous year, from November 2017 through November 2018) and each year thereafter, owners will be required to report information for each dwelling unit to HPD.

An owner of a multiple dwelling will be required to report electronically to HPD each December for its property:

• The number of dwelling units;
• The number of dwelling units, as reported or otherwise known to the owner, that had a bedbug infestation during the previous year;
• The number of dwelling units, as reported or otherwise known to the owner, in which eradication measures were employed during the previous year for a bedbug infestation; and
• The number of dwelling units reported that had a bedbug infestation after such eradication measures were employed in such units.

When submitting electronically, the owner will certify that either:

• A copy of the form will be distributed to each tenant of the building upon each lease renewal or the commencement of a new lease issued; or
• A copy of the form will be posted in a prominent location within the building within 60 days of the filing and that the owner will maintain a record that a copy of the form was prominently posted within 60 days of the filing of the information with HPD.

A link to the reporting application for property owners will be provided through HPDONLINE at http://www1.nyc.gov/site/hpd/about/hpdonline.page in December 2018. Pursuant to the law, HPD will also make the submitted information publicly available on its website.

Once this filing with HPD is completed by Jan. 1, 2019, an owner must provide each tenant, upon commencement of a new lease and with each renewal lease, or post in a prominent location within the multiple dwelling, both of the following documents:

• A copy of the most recent electronic form submitted to HPD; and
• A notice, in a form issued or approved by DOHMH, that provides information about the prevention, detection, and removal of bedbugs. The Stop Bed Bugs Safely Fact Sheet can be found at https://www1.nyc.gov/assets/doh/downloads/pdf/vector/vector-faq1.pdf.

HPD may issue violations for failing to file in a timely manner, failing to properly post the notice, or failing to provide documents as required to tenants. Failure to post-type infractions are categorized as Class A HPD violations.