NYC Bedbug Disclosure (§26-2120) FAQ

NYC requires landlords to provide tenants with a bedbug history disclosure before signing or renewing every residential lease, under NYC Admin Code § 26-2120 (formerly NYC Local Law 69 of 2010). Failure to disclose triggers tenant remedies and HPD violations. This FAQ walks the rule.

Q1. What does NYC § 26-2120 require?

Under NYC Admin Code § 26-2120(a), every NYC residential landlord must provide tenants with a Bedbug Annual Report disclosure at:

• Lease commencement — for new tenants.
• Lease renewal — for renewing tenants.

The disclosure form is the NYC HPD Form NHC-1 “Notice of Bedbug Annual Report” (referencing the registered Bedbug Annual Report).

Q2. What information must be disclosed?

The disclosure must state:

• Whether the building has had bedbug infestation in the past year (yes / no).
• Whether the specific apartment has had bedbug infestation in the past year (yes / no).
• If yes, when and how the infestation was treated.
• The eradication efforts undertaken.

The information mirrors the building-wide Bedbug Annual Report that the landlord must register with HPD by December 31 each year under § 27-2018.1.

Q3. What is the Bedbug Annual Report?

Under NYC Admin Code § 27-2018.1, every NYC building owner must file an annual report with HPD by December 31 of each year. The report covers:

• Number of dwelling units in the building.
• Whether each unit had bedbug infestation in the prior year.
• Whether infestation was eradicated.

The report is publicly searchable via HPD’s website. Tenants and prospective tenants can verify a building’s bedbug history before signing a lease.

Q4. When must the disclosure be made?

Under § 26-2120(b), the disclosure must be made:

• At execution of the new lease (signing).
• At execution of the lease renewal.
• Before tenant occupancy.

Disclosure after signing is non-compliant.

Q5. What happens if the landlord doesn’t disclose?

Failure to disclose:

• Is a violation of NYC Housing Code.
• Can be cited by HPD as a Class A violation with penalty.
• Can give rise to a tenant claim for rent abatement or damages if an undisclosed infestation later emerges.
• May support a claim for fraudulent inducement if the landlord knowingly failed to disclose a known infestation.
• Tenants can file 311 complaints triggering HPD inspection and violation.

Q6. What about pre-existing infestations?

If the landlord has a known bedbug history, they must disclose. Failing to disclose a known infestation while marketing the apartment can support fraud and misrepresentation claims under common law.

The disclosure must be truthful. Landlords who falsely indicate “no infestation” while infestation exists are exposed to multi-pronged liability:

• Rent abatement under § 235-b warranty of habitability.
• Damages for personal property destroyed.
• Damages for medical bills (allergic reactions, sleep deprivation).
• Reputation damages for tenants forced to dispose of belongings.

Q7. What rights does the tenant have if bedbugs appear post-disclosure?

Even if the landlord disclosed correctly (no prior infestation), if bedbugs appear during the tenancy:

• The tenant should give written notice to the landlord immediately.
• The landlord must arrange professional pest control at landlord’s expense in most cases (lease language varies).
• The tenant may be entitled to rent abatement during the eradication period under § 235-b warranty of habitability.
• If the landlord fails to eradicate, the tenant can file 311 and pursue Housing Court remedies.

Q8. What if the bedbug source is the tenant?

If the landlord can establish that the tenant introduced the bedbugs (e.g., from used furniture, travel), tenant responsibility may apply for treatment costs. But:

• The landlord still bears responsibility for eradication if the building condition supports infestation.
• Lease language varies — some leases shift treatment costs to tenant for tenant-introduced pests.
• Disputes are fact-specific.

Q9. How does the disclosure interact with rent stabilization?

The disclosure is separate from rent regulation status. Whether the apartment is rent-stabilized, rent-controlled, or market-rate, the disclosure rule applies. NYC § 26-2120 covers all residential leases.

Rent-stabilized tenants with undisclosed infestation have additional remedies through DHCR Form RA-81 (decrease in services) — bedbugs are a service breach.

Q10. Practical workflow for landlords

To comply:

• Track bedbug events at the building level (resident complaints, exterminator visits).
• Maintain professional treatment records — exterminator invoices, treatment plans.
• File the Annual Bedbug Report with HPD by December 31 each year.
• Provide the disclosure form to every new and renewing tenant.
• Retain signed copies of disclosures (in tenant file).
• Train leasing staff and brokers to deliver disclosure at lease signing.

Practical workflow for tenants

Before signing a lease:

• Search HPD’s Bedbug Annual Report database for the building.
• Ask the landlord/broker for the bedbug disclosure form.
• Verify the disclosure aligns with the public record.
• Inspect the unit for signs (small dark spots on mattress seams, casings, live bugs).
• Document the unit at move-in (photos, emails).

If bedbugs are discovered after move-in:

• Notify the landlord in writing immediately.
• Photograph and preserve evidence.
• Demand professional treatment.
• File 311 complaint if landlord fails to act.
• Track all costs and impacts (medical, property, alternative housing).

Dialogue: a Tenant moves in and discovers bedbugs

🐣 Chick: “We signed the lease. Disclosure said no infestation. Two weeks in, bedbugs.”

🐮 Cow: “Email the landlord today. Photo evidence. Demand professional treatment within 7 days.”

🦉 Owl: “Then file 311. HPD inspection creates an independent record.”

🐣 Chick: “The landlord delays.”

🐮 Cow: “Document everything. Track every day of infestation, every cost (laundry, mattress disposal, medication).”

🦉 Owl: “Rent abatement claim under § 235-b. Could be 25-50% during the infestation period. Plus damages for property destroyed.”

🐣 Chick: “And if disclosure was false?”

🦉 Owl: “Verify with HPD’s Annual Report database. If the landlord knew and didn’t disclose, fraud claim under common law plus statutory violation.”

Common mistakes

Skipping verification. Tenants who don’t check the HPD Annual Report miss public information about the building.

No written notice. Verbal complaints are forgettable. Email and text every report to create a record.

Disposing of evidence. Photograph bedbugs and infested items before treatment. Evidence is critical for damages claims.

Assuming “no disclosure” means “no problem.” Landlords sometimes simply don’t deliver the disclosure. Demand it before signing.

Mixing tenant-introduced and landlord-responsibility infestations. Document carefully — when did infestation first appear? Building or unit? Other tenants experiencing similar issues?

Skipping 311. HPD complaint creates an official record and triggers inspector visit. It’s free and powerful.

Closing notes

NYC § 26-2120 is a small statute with significant practical impact. It shifts asymmetric information from landlord to tenant, allowing tenants to make informed leasing decisions. For landlords, compliance is straightforward — track infestations, file annual reports, deliver disclosure at every lease execution. For tenants, the disclosure is a tool — use the HPD database to verify before signing.

A Gyoseishoshi (行政書士) prepares bilingual disclosure templates and tenant briefings. A NY-licensed attorney should advise on contested infestation cases, especially those involving fraudulent disclosure or significant damages.

Create your disclosure compliance pack with Scrib🐮

¥22,000/month pass for unlimited access to all 18 document types across 7 countries. Start Free Preview →

Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not US attorneys. For binding advice on bedbug disclosure compliance or related claims, consult a NY-licensed attorney or contact Met Council on Housing.

Sources

• NYC Admin Code § 26-2120 — https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-103107
• NYC Admin Code § 27-2018.1 (Annual Bedbug Report) — https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-89967
• NYC HPD, Bedbug Annual Report — https://www.nyc.gov/site/hpd/services-and-information/bedbugs.page
• NY Real Property Law § 235-b (warranty of habitability) — https://www.nysenate.gov/legislation/laws/RPP/235-B