General Infestation Policy
Unless it can be proven that the tenant caused the infestation, it is the landlord’s responsibility to address and resolve pest issues.
- If a tenant is found to be the cause, they may be responsible for remediation costs.
- Tenants must comply with reasonable instructions from the landlord or pest control company.
- If an infestation is not addressed, tenants should call Code Enforcement.
- Severe infestations may lead to a unit being declared Unsafe-Unfit.
Bed Bugs
Under New York State law:
- Landlords are responsible for keeping the unit free of insects and vermin.
- Landlords are expected to cover the full cost of extermination for bed bug infestations—unless they can prove the tenant caused the issue.
- Tenants must comply with instructions from Code Enforcement and exterminators during treatment.
Mold
Code Enforcement often does not cite mold itself, but instead cites the underlying causes, such as:
- Leaks
- Poor ventilation
- Broken or missing windows
If you’re concerned about mold:
- Consider contacting a third-party inspector, such as Alpine Environmental Services or Enviro Test Inc.
- If you are experiencing respiratory or other health issues, consult a doctor or specialist who may be able to document the habitability issue.
Lead
If you suspect lead in your unit:
- Contact the Albany County Health Department’s Environmental Unit, which offers free testing for households with:
- A child under the age of 6
- A pregnant resident
If lead is found:
- The landlord has 14 days to provide an action plan.
- Once the plan is submitted:
- Indoor lead hazards must be fully resolved within 6 weeks.
- Outdoor lead hazards also require full remediation within 6 weeks, unless it’s winter, in which case more time may be permitted.
⚠️ Important Note: Lead is especially dangerous to young children, but it can also cause serious harm to adults.
Important: If your lease did not include a lead disclosure and lead is later found in the unit, you may be entitled to sue the landlord for damages.