Bedbugs, Roaches or Mice in Your NYC Apartment: What to Do
Bedbugs, roaches or mice in your NYC apartment? Your landlord must fix it. How to document it, file with 311, and what HPD and Housing Court can do.
By RentReboot
Updated Oct 27, 20266 min read
Tell your landlord in writing right away, with photos and dates. NYC law makes the building owner keep apartments free of bedbugs, roaches, mice and rats and fix the problem quickly. If it isn't fixed, file a complaint with 311 online, in the app or by phone. The city's housing agency, HPD, can inspect and give the owner 21 days to correct roaches, mice or rats. If violations still aren't corrected, you can bring an HP case in Housing Court. Don't withhold rent without legal advice.
Pests spread between apartments through walls, pipes and hallways, so a problem in your unit is often a building problem. NYC law puts the duty to fix it on the owner, and written records matter from the first sighting.
General information, not legal advice. NYC rules were checked October 27, 2026.
Who is responsible for pest control in an NYC apartment?
The owner. NYC's Housing Maintenance Code (Administrative Code § 27-2017.1) requires owners to keep apartments free of pests and to fix pest problems, and the defects behind them, quickly. Under the city's indoor allergen law (Local Law 55 of 2018, in effect since January 2019), owners of buildings with three or more apartments must also:
- inspect apartments for pests at least once a year, and more often if needed;
- use integrated pest management: seal holes and gaps around pipes, fix leaks, and remove what pests feed and shelter in;
- have any pesticide applied by a pest professional licensed by the New York State Department of Environmental Conservation;
- deal with pests and mold before a new tenant moves in, and certify that in writing to the new tenant.
You can be asked to help, for example by preparing rooms before a bedbug treatment. The duty to fix the problem stays with the owner, and the law voids any agreement by a tenant to give up these protections.
Step 1: Document it and notify the landlord in writing
Photograph or film what you find: the insects, droppings, gnaw marks or bites, with dates. Then email the landlord or managing agent, even if the building has a maintenance portal, so you keep a dated copy.
Subject: Pest problem in Apartment [number], [address]
I found [bedbugs / roaches / mice] in my apartment on [date]. Photos are attached. Please arrange treatment by a licensed pest professional and tell me the date and what preparation is needed. Please confirm you received this message.
Keep every reply, and write down the dates of any visits and treatments.
Step 2: File a complaint with 311
If the landlord doesn't act, file a complaint through 311 online, in the 311 app or by phone (call 311, or 212-NEW-YORK from outside the city). Bedbugs, roaches, mice and other pests inside an apartment go to the Department of Housing Preservation and Development (HPD). Rats are different: 311 sends rats, even inside a residential building, to the Health Department.
HPD first tries to reach the building's managing agent and calls you back to ask whether the problem was fixed. If it wasn't, or HPD can't reach you, it sends an inspector, without telling the owner the date. A violation sets a deadline:
| Pest | HPD violation class | Time to correct |
|---|---|---|
| Roaches, mice or rats in an apartment or common area | Class C (immediately hazardous) | 21 days |
| Other pests, such as bedbugs | Class B (hazardous) | 30 days |
For bedbugs, the inspector has to see live bugs to issue a violation, so report while you can still show them. Keep the 311 service request number, and track the complaint and any violation on HPD Online.
Step 3: If violations aren't fixed, start an HP case
An HP proceeding is a Housing Court case a tenant brings to make the owner correct conditions, including pest violations. You can start one without a lawyer at the Housing Court in the county where you live: the clerk gives you the forms, and you can ask for an HPD inspection as part of the case. In an emergency, the court says you'll usually get a hearing within about a week. There's a filing fee, which the court can waive if you can't afford it. Bring your photos, your emails and the 311 and HPD records.
Bedbugs: what's different
- Ask about the treatment plan. Find out how many visits it includes and what to do before each one, then follow the preparation exactly: bagging clothes, emptying closets, moving furniture from the walls.
- Check the building's record. NYC owners must give each new tenant the apartment's and building's bedbug history for the previous year, and file a bedbug report with HPD every December. The reports appear under the Bed Bug Reports tab on HPD Online. Before you sign anywhere new, use our guide to checking an NYC apartment's bedbug history.
Roaches and mice: what's different
Roaches and mice come back unless the building closes their routes. The owner's pest management should seal holes around pipes and radiators, fix leaks and use baits or traps, not just spray. At home, keep food sealed and take out trash daily, and photograph droppings or new holes so the next visit targets them.
What not to do
- Withhold rent on your own. New York's warranty of habitability can support a rent reduction, but withholding rent can lead to a nonpayment case. Get advice from a tenant lawyer or legal-services group first.
- Rely on foggers. The EPA says a fogger's pesticide has to touch the bug to kill it, so bedbugs hiding in cracks survive, and foggers shouldn't be your only treatment. It also warns that using too much can cause an explosion.
- Sign away rights. A lease clause that waives the warranty of habitability is void.
FAQ
Who pays for the exterminator in an NYC apartment?
The landlord is responsible. NYC's Housing Maintenance Code puts the duty to keep apartments free of pests, and to fix pest problems, on the owner, and any pesticide must be applied by a licensed professional. You may be asked to prepare rooms for treatment.
How do I report roaches or bedbugs to 311?
File online at portal.311.nyc.gov, in the 311 app or by calling 311, and choose the complaint for pests inside an apartment. HPD handles roaches, mice and bedbugs; rats go to the Health Department. A roach or mouse violation gives the owner 21 days to fix it. Keep the request number.
Can I break my lease because of bedbugs?
Rarely without a court's involvement. A severe, untreated infestation can support claims under the warranty of habitability, but leaving early on your own can leave you owing rent. Talk to a tenant lawyer before you move out.
Does renters insurance cover bedbugs?
Usually not. Most renters policies exclude damage from insects and vermin. Check the exclusions in your own policy.
Can my landlord blame me for the infestation?
The city's code still requires the owner to keep the apartment free of pests. The separate warranty of habitability doesn't cover conditions a tenant caused through misconduct, so prepare for treatment as instructed and keep your records.
Next Steps → Plan the next move
If you're leaving a building with a pest problem, check every new building's record before you sign.
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Sources
Checked October 27, 2026.
- NYC HPD: Indoor allergen hazards, mold and pests, Local Law 55 duties and violation classes.
- NYC Administrative Code § 27-2017.1 and following, the owner's duty, inspections, integrated pest management and licensed applicators.
- NYC HPD: Bedbugs and Administrative Code § 27-2018.1, disclosure and annual reports.
- NYC311: Pests in an apartment and HPD: Report a maintenance issue.
- New York State Unified Court System: Starting an HP proceeding to obtain repairs.
- US EPA: Should I use a fogger?
- New York State Senate: Real Property Law § 235-b (warranty of habitability)