BEDBUG DISCLOSURE AND RESPONSIBILITY ALLOCATION ADDENDUM

(New York Residential Lease)

[// GUIDANCE: This Addendum is intended for attachment to a New York residential lease. It addresses statutory disclosure duties, treatment obligations, and cost-allocation requirements relating to bedbug infestations. Customize all bracketed terms before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Addendum Title: Bedbug Disclosure and Responsibility Allocation Addendum
Landlord/Owner: [LANDLORD LEGAL NAME], a [state] [entity type]
Tenant(s): [TENANT LEGAL NAME(S)]
Premises: [STREET ADDRESS, UNIT, CITY, STATE, ZIP]
Master Lease Date: [DATE OF LEASE]
Effective Date of Addendum: [EFFECTIVE DATE]
Jurisdiction: State of New York (and, if applicable, New York City)

Recitals
A. Landlord and Tenant are parties to the Master Lease identified above (the “Lease”).
B. New York Real Property Law § 235-b and, where applicable, New York City Administrative Code § 27-2018.1 impose duties on residential landlords regarding disclosure of bedbug infestation history and maintenance of habitability.
C. The parties desire to supplement the Lease to set forth their respective rights and obligations concerning bedbugs.

Consideration
In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

2. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings assigned in the Lease.

1. “Bed Bug” means Cimex lectularius or any other insect commonly referred to as a bedbug.
2. “Building” means the structure(s) in which the Premises are located, including common areas.
3. “Disclosure Form” means the written disclosure of the Building’s bedbug infestation history for the preceding twelve (12) months, as required by NYC Admin. Code § 27-2018.1 or any successor statute.
4. “Infestation” means the presence, or credible evidence of the presence, of Bed Bugs in the Premises or Building.
5. “Inspection” means a visual and/or canine detection examination of the Premises or Building conducted by a New York-licensed pest management professional.
6. “Treatment” means any extermination, remediation, monitoring, or preventive action undertaken to eliminate or control Bed Bugs.

3. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum is incorporated into and made part of the Lease. In the event of conflict, this Addendum governs with respect to Bed Bugs.

3.2 Statutory Disclosure.
 (a) Landlord Duty. Prior to execution of the Lease (or, if later, promptly upon adoption of this Addendum), Landlord shall deliver to Tenant the completed Disclosure Form.
 (b) Tenant Acknowledgment. Tenant shall sign and date the Disclosure Form and return it to Landlord within three (3) business days. Failure to return the Disclosure Form does not relieve Tenant of obligations herein.

3.3 Right of Entry for Inspection and Treatment. Upon at least twenty-four (24) hours’ notice (or shorter as permitted by law in emergencies), Tenant shall grant Landlord and its agents access to the Premises for Inspection, monitoring, or Treatment.

3.4 Cooperation. Tenant shall:
 (i) comply with all reasonable preparation and post-Treatment instructions;
 (ii) launder, bag, or discard personal property as directed; and
 (iii) refrain from reintroducing Bed Bugs through infested furniture, luggage, or other personal items.

3.5 Cost Allocation.
 (a) Landlord Responsibility. Landlord shall bear the cost of (i) the initial Inspection upon Tenant’s written notice of suspected Infestation and (ii) any Treatment, unless subsection (b) applies.
 (b) Tenant Responsibility. If a licensed pest management professional reasonably determines that Tenant, Tenant’s guests, or personal property introduced Bed Bugs, Tenant shall reimburse Landlord for (i) Inspection, (ii) Treatment, and (iii) related damages, up to actual, documented costs.
 (c) No Mark-Up. Reimbursable costs shall not exceed the amount invoiced by the third-party Service Provider.

3.6 Habitability Preservation. Nothing in this Addendum shall be construed to waive or limit Tenant’s rights under RPL § 235-b.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Representations. Landlord represents to the best of its knowledge and after reasonable inquiry that:
 (a) the information contained in the Disclosure Form is true, correct, and complete; and
 (b) no current Infestation exists in the Premises as of the Effective Date.

4.2 Tenant’s Representations. Tenant represents that:
 (a) all personal property to be brought into the Premises has been inspected and is Bed Bug-free; and
 (b) Tenant has not, within the past twelve (12) months, vacated a dwelling due to a Bed Bug Infestation unless Tenant has fully eradicated same.

4.3 Survival. The representations and warranties in this Section survive the expiration or earlier termination of the Lease for one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
 (a) immediately notify Landlord in writing upon suspicion of any Bed Bug activity;
 (b) cooperate with Inspection/Treatment schedules;
 (c) maintain the Premises in sanitary condition to reduce harborage; and
 (d) continue to pay Rent notwithstanding Treatment activities, subject to statutory rights.

5.2 Negative Covenants of Tenant. Tenant shall not:
 (a) perform self-help pesticide application;
 (b) impede Landlord or professionals from conducting Inspection/Treatment; or
 (c) remove or discard personal property in a manner that violates local disposal regulations.

5.3 Landlord Covenants. Landlord shall:
 (a) employ only New York-licensed pest management professionals;
 (b) comply with all record-keeping and notice requirements of NYC Admin. Code § 27-2018.1 (if applicable); and
 (c) minimize disruption to Tenant during Treatment.

6. DEFAULT & REMEDIES

6.1 Tenant Default. Any failure by Tenant to comply with Sections 3.3, 3.4, 3.5(b), or 5 constitutes a material default under the Lease.

6.2 Notice and Cure. Landlord shall provide written notice specifying the default. Tenant has seven (7) days to cure, or sooner if Treatment schedules so require.

6.3 Remedies. Subject to applicable law, Landlord may:
 (a) perform required actions at Tenant’s expense and collect same as additional rent;
 (b) seek injunctive relief to gain access for Treatment; and
 (c) pursue eviction or other remedies permitted under the Lease and state law.

6.4 Landlord Default. Failure to comply with Sections 3.2, 3.5(a), or 5.3 is a material default. Tenant’s remedies are limited to actual damages and those expressly provided under RPL § 235-b and § 711 of the Real Property Actions and Proceedings Law.

6.5 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorneys’ fees and costs, if and to the extent allowed by the Lease and New York law.

7. RISK ALLOCATION

7.1 Indemnification.
 (a) Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against losses, damages, costs, or claims arising out of (i) Tenant-caused Infestation or (ii) Tenant’s breach of this Addendum.
 (b) Landlord shall indemnify Tenant for losses directly caused by Landlord’s willful failure to perform required Treatment.

7.2 Limitation of Liability. EXCEPT FOR CLAIMS ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL, DIRECT DAMAGES. CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARE DISCLAIMED.

7.3 Insurance. Tenant is strongly advised to obtain renter’s insurance that covers infestation-related personal-property losses. Landlord shall maintain any insurance required by law or the Lease.

7.4 Force Majeure. Delays in Treatment due to events beyond a party’s reasonable control (e.g., government shutdowns, supply shortages) shall extend performance deadlines, provided the affected party gives prompt notice.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of New York.

8.2 Forum Selection. Any action arising from this Addendum shall be brought exclusively in the Housing Part of the Civil Court of the City of New York (if the Premises is located in NYC) or the appropriate state housing court having jurisdiction over the Premises.

8.3 Arbitration. The parties expressly exclude arbitration.

8.4 Jury Waiver. The parties acknowledge their constitutional right to a trial by jury and do not waive such right under this Addendum.

8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive relief to enforce access, habitability, or other obligations.

9. GENERAL PROVISIONS

9.1 Amendments and Waivers. Any modification of this Addendum must be in a writing signed by both parties. No waiver is effective unless in writing.

9.2 Assignment and Delegation. Tenant may not assign the Lease or delegate duties without Landlord’s prior written consent, except as mandated by law.

9.3 Successors and Assigns. This Addendum binds and inures to the benefit of the parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder remains in full force, and the invalid provision will be reformed to the minimum extent necessary to effectuate the parties’ intent.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement on the subject matter and supersedes all prior discussions.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Electronic or PDF signatures are as effective as originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Bedbug Disclosure and Responsibility Allocation Addendum as of the Effective Date.

[Optional: Notary Acknowledgment if required by local practice.]

[// GUIDANCE:
1. Attach the completed “Bedbug Disclosure Form” mandated by NYC Admin. Code § 27-2018.1 where the Premises is in NYC.
2. Review cost-allocation language for consistency with any rent-control or rent-stabilization regulations applicable to the Premises.
3. Verify local disposal rules for infested items to avoid municipal fines.]