My NYC Landlord Won't Fix Roaches or Bed Bugs. Now What?
Your landlord is breaking the law. Here's how to use 311, HPD violations, Housing Court, and rent withholding to force them to act — or get compensated if they don't.
Under the NYC Housing Maintenance Code Section 27-2017, your landlord is legally required to exterminate pests in your apartment and building. This is not a courtesy — it is a statutory obligation with financial penalties for every day they ignore it. If your landlord is shrugging off your roach or bed bug complaint, they are breaking the law right now. This guide gives you the exact escalation ladder — from 311 complaint to Housing Court — that forces their hand.
First: Notify Your Landlord in Writing
Send written notice of the pest problem today
Before escalating to the city, notify your landlord in writing. This is both legally prudent and tactically smart — it establishes a baseline timeline and gives the landlord a chance to act. Send it via email AND text so you have timestamps.
- Describe the specific pest and where you've seen activity — bedroom, kitchen, bathroom, common areas.
- State the date you first observed the problem.
- Attach photos or video if you have them.
- Ask the landlord to confirm receipt and provide a timeline for treatment.
- If you've made verbal complaints before, reference them: "As I've told you verbally multiple times since [date], the bed bug infestation in my apartment has not been addressed."
Step 2: File a 311 Complaint — This Is How You Start the Clock
File a 311 complaint online or by phone
A 311 pest complaint triggers an HPD inspection. The inspector visits, confirms the infestation, and issues a Notice of Violation — typically a Class B (30-day deadline) or Class C (21-day deadline) violation. From that moment, the landlord has a government deadline with daily fines attached.
- File at portal.311.nyc.gov or call 311. Select "Pest/Rodent" and specify bed bugs, roaches, or mice/rats.
- Write down your complaint tracking number — you can check the status online.
- HPD will schedule an inspection. You do not need to be home for the hallway/common area inspection, but unit access helps. Make sure you or someone 18+ can let the inspector in.
- If HPD confirms the infestation, a Notice of Violation will be issued to the landlord. It appears on the building's public HPD record within days.
- Check the violation on HPD Online at hpdonline.nyc.gov — screenshot it with date. This is your evidence.
File the 311 complaint even if your landlord has promised to fix it. The HPD record protects you — if the landlord's treatment fails, you already have a violation on record. If they do fix it properly, the violation gets certified and closes. You lose nothing by filing.
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Step 3: File an HP Proceeding in Housing Court
Get a court order requiring the landlord to exterminate
If the 311 complaint and HPD violation don't move your landlord, an HP (Housing Part) proceeding in NYC Housing Court is the next escalation. This is a legal proceeding where a judge orders the landlord to make specific repairs — in your case, extermination. It costs you nothing to file.
- File at your borough's Housing Court. The court's Help Center (free, walk-in) will help you fill out the forms.
- Include: your written notice to the landlord, HPD violation number, photos of pest activity, and any evidence that the landlord has ignored your complaints.
- The court will schedule a hearing — both you and the landlord appear. Judges in Housing Court deal with pest cases constantly and take them seriously.
- If the landlord has already been issued an HPD violation for the same infestation, the court has hard evidence of their obligation and non-compliance.
- The court can order extermination by a specific date, require proof of treatment, and impose contempt penalties if the landlord defies the order.
Step 4: Hire Your Own Exterminator and Deduct From Rent
In extreme cases where the landlord refuses to act and you need immediate relief, you may have the right to hire a licensed exterminator yourself and deduct the cost from the following month's rent. This is called the 'repairs and deduct' remedy under New York law. It is not without risk — your landlord may claim non-payment of rent — but it is legally available under the right conditions.
- You must have given the landlord written notice and a reasonable opportunity to fix the problem first — typically at least 30 days for a non-emergency, shorter for an acute infestation.
- The deduction cannot exceed one month's rent in any single month.
- You must hire a licensed NYS DEC Pesticide Applicator — not any contractor. Keep the invoice and documentation of the treatment.
- Send the landlord a letter explaining what you did, why, the cost, and that you are deducting it from next month's rent. Attach the exterminator's invoice.
- This is a risky move if you do not have a clear paper trail showing prior notice and landlord non-response. Only do it after attempting Steps 1–3.
Step 5: Seek Rent Reduction for Pest Conditions
If you have been living with an active infestation while your landlord ignored it, you may be entitled to a rent abatement — a retroactive reduction in rent for the period during which your apartment was below the habitable standard. In a Housing Court HP proceeding or a subsequent DHCR complaint (for rent-stabilised tenants), a judge or hearing officer will calculate a percentage reduction based on the severity and duration of the pest condition. Tenants with strong documentation regularly receive 10–30% rent abatements for extended pest infestations.
Do not throw out furniture, bedding, or personal property without photographing it first — even if it is heavily infested. This documentation is evidence of the severity of the infestation. If you need to dispose of items due to bed bugs, photograph them in place, then label them 'Bed Bug Infested — Do Not Take' per NYC DSNY rules before putting them at the kerb.
Frequently asked questions about landlords ignoring pest problems in NYC
My landlord says I brought the bed bugs in and refuses to treat. Is that a valid defence for them?
No. Under NYC Housing Maintenance Code Section 27-2017, landlords are strictly liable for pest extermination regardless of the source. Even if a tenant introduced bed bugs, the landlord's legal obligation to treat the infestation does not change. The only situation where a landlord might have a civil claim against a tenant is if the tenant demonstrably refused treatment — but this does not relieve the landlord of the duty to exterminate. File the 311 complaint regardless of who your landlord blames.
How long does the 311 → HPD inspection → violation process take?
After you file a 311 complaint, HPD typically schedules a pest inspection within 3–10 business days. If the inspector confirms the infestation, the violation is usually issued within 1–3 business days of the inspection and appears on HPD Online shortly after. From there, the landlord has 30 days (Class B) or 21 days (Class C) to correct before daily fines begin. The whole process from your 311 filing to a landlord having a legal deadline with fines typically runs 2–5 weeks.
Can I withhold rent entirely until the landlord treats the infestation?
You can withhold rent by paying into a court-managed escrow account through an HP proceeding — this is the safest method. Unilateral rent withholding without a court process exposes you to eviction for non-payment, even if the infestation is real and the landlord is in breach. The HP proceeding + escrow route achieves the same pressure effect while protecting you legally. Do not simply stop paying rent without consulting a tenant attorney first.
My building has had multiple 311 pest complaints. Does that help my case?
Significantly. A building with a pattern of pest complaints — searchable on HPD Online and displayed on BuildingHealthX — indicates a systemic infestation rather than an isolated unit issue. Courts and HPD treat building-wide patterns more seriously, and the landlord faces greater difficulty arguing your situation is isolated. In an HP proceeding, building-wide complaint history is powerful evidence that the landlord has failed to maintain the property.
The landlord sent an exterminator once but the bugs are back. What now?
One treatment is almost never sufficient for bed bugs — eggs survive most chemical applications, and a second treatment 10–14 days later is legally required. If your landlord sent a single treatment and considers the matter closed, that does not meet the legal standard. File a follow-up 311 complaint if bugs persist after 3–4 weeks. If the HPD violation was certified after only one treatment, you can call your HPD district office to flag that the infestation returned — this can trigger a new inspection and violation.
Related guides
Find a pest control near you
Further reading
Official resources
File a pest complaint online — this triggers an HPD inspection and creates an official record.
See if your building already has pest violations on record.
File a Housing Part case to court-order your landlord to exterminate.
HPD's official bed bug resources for tenants and landlords.