New York has very strict and comprehensive pest control laws and regulations. These policies were implemented to counter the rising number of pests in the city. New York is overpopulated, so it is no surprise that they have pest issues. However, the policies in place are helping to curb pest invasion, and they seem to be doing just that.
The pest control regulations in New York ensure that all exterminators are licensed. Proper notices are given before any pesticide application, and there are specific rules for schools, buildings, and even pet groomers. These pest control laws and regulations are outlined by the Department of Environmental Conservation (DEC).
Here are a few highlights of the New York pest control laws and regulations enforced by the department of environmental conservation.
1. Pesticide registration
Any pesticide must be registered with the department of environmental conservation before it can be used, sold, or distributed within New York state. A fee is required to process the pesticide registration and a transaction fee. The mode of payment used includes a Physical Check Sent to NYSDEC, an electronic check, or using a credit or debit card.
2. Notification policies
Notices of pesticide applications must be sent to all affected apartments at least 48 hours (2 days) before the application. All retailers of pesticides must print and post their information signs. The posters should be in English and Spanish and placed in obvious locations. where the pesticide must be applied for lawn application.
3. Property owners and managers' responsibilities
Property owners in New York are required by law to keep their buildings pest free by managing any pest infestation. They must hire certified exterminators that are licensed. Foggers and fumigation bombs must not be used as the pesticide may get into unwanted areas affecting other residents.
4. Schools and day care centers
The State Education Department for schools and the Office of Children and Family Services for daycare centers regulate the policies for Schools and daycare centers. They are not allowed to apply pesticides to playgrounds, turf, or athletic fields within their premises unless it’s an emergency.
If an emergency application is to be made, it must be approved by the DEC and the parents are to be notified ahead of time. The notification should be posted in a publicly visible area with the dates of the application listed, the product to be used, and a reference number for parents seeking further information.
5. Product label requirements
This policy requires that every certified pesticide applicator before the application of pesticide must provide the affected persons (neighbors, property owners, etc.) with a notification.
The notification should list the pesticide to be used, the product label of the pesticide, and any other important information concerning the pesticide use like warnings and allergens. It can be in written, digital or electronic format. Exterminators should always carry a physical copy on the job.
6. Commercial lawn care
A written contract with the property owners or agents specifying the dates of application, the pesticide to be used, the number of times it is to be applied, and the total cost of the job is necessary for any work commencing.
Lawn care companies are required to provide all necessary information to the property owners and residents before pesticide application. The notification can be in written, digital or electronic format. However, contractors are required to have a physical copy on hand during the pesticide application.
7. Cooling towers
Application of pesticides to cooling towers must be done by a certified commercial pesticide applicator or under the supervision of a certified applicator. Any non certified applicators must have received 8 hours of core training and 40 hours of hands-on pesticide training to apply pesticides to cooling towers and can only work under the direct supervision of a certified exterminator.
The work done by the uncertified applicators must be recorded by the supervisor and used to determine the level of competence possessed by the uncertified applicator. Any products used must be registered with the DEC.
Notification must be issued to any residents 48 hours before the application and all workers must have a physical copy on hand at all times. Businesses offering cooling tower pesticide applications must be registered by the DEC and must hire a category 7 certified exterminator.
8. Pet groomers
Products intended to treat pets with fleas, ticks, etc are regarded as pesticides by New York and their sale and distribution are regulated by the DEC under the commercial application. The pesticides can be in the form of shampoos, dips, topical treatments, and collars.
Pet grooming businesses using the aforementioned products must also be registered with the DEC and Mobile pet grooming services are not allowed to dispose of their liquid waste on the ground including grass, asphalt, etc.
New York is one of the most pest-infested states in the United States. This issue has been attributed to the overpopulation of the area, combined with poorly-maintained infrastructure and poverty many counties in the state of New York face. The most popular pests in New York include Bedbugs, Ants, Centipedes & Millipedes, Cockroaches, Fleas, and Rodents.
New York state has instituted these pest control laws and regulations as an active way of fighting back the pest infestation and making an effort to keep the state and its residents safe. The New York pest control laws and regulations have helped in the fight against pests and the diseases they transfer to humans.
Landlord pest control responsibility New York state
Being a landlord in New York comes with pest control responsibilities. Tenants have the right to live in clean and habitable apartments, and the landlord must provide those conditions.
Landlords must provide tenants with a copy of the lease that shows their agreement to keep the property free of pests. They must also conduct an annual inspection for pests and implement Integrated Pest Management (IPM) if any pests are found.
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Do tenants have the right to refuse pest control in NY?
Pest control is often a mandated exercise for many residential buildings in New York, but what happens when a tenant refuses pest control? Tenants have a responsibility to their landlords and are not allowed to obstruct any maintenance including pest control unless they have serious health concerns.
Usually, the tenants will receive several notices concerning the type of pesticide to be used, product labels, application dates, and other necessary information.
Tenants that refuse pest control in New York without any major health concern can be evicted as they are obstructing the landlord’s responsibility to provide pest-free living spaces.
New York state habitability law
The new york state habitability law outlines landlords’ responsibility to provide a clean and habitable space for their tenants. Officially known as the warranty of habitability, the law states that the landlord must ensure that the apartment must be safe and conducive for living at the point of the agreement, and landlords are required to make necessary repairs within reasonable periods.
The law entitles tenants to withhold rent if necessary repairs are not done and to deduct the fees for repairs from their rent when necessary.