Bed Bugs
I moved into a apt in Mid May. Late June I discovered we had the bedbugs. The mgmt sent the exterminator- 5x later they are still here. Spoke with the blg mngr, he told me they had another apt I could move into that was clear of them. said OK. now they are renegging on…
I moved into a apt in Mid May. Late June I discovered we had the bedbugs. The mgmt sent the exterminator- 5x later they are still here. Spoke with the blg mngr, he told me they had another apt I could move into that was clear of them. said OK. now they are renegging on it. Clothes were laundered and are in bags. been sleeping on an airmattress since june. Can I take them to court? What are my rights?
As a homeowner, I dread the possibility that a tenant might bring bedbugs into the building, or that they migrate from a neighboring building. They are incredibly difficult to exterminate. That aside, no matter what/how the origin, vermin and rodent eradication is absolutely the LL’s responsibility. Where a residence is infested with insects or rodents, creating a threat to the health and safety of the occupants or intolerable living conditions, courts have found a breach of the warranty of habitability (bedbug infestation included). Various factors affect the award/rent abatement.
The links below run the gamut, but are supplied because they all contain useful information, and/or further sublinks:
http://www.nyc.gov/html/doh/html/vector/vector-faq1.shtml
http://www.nyc.gov/html/nycha/html/residents/bedbugs.shtml
http://www.nytimes.com/2009/04/14/health/14brod.html
The best and most up-to-date information and advice can be obtained by visiting the Kings County Housing Court help center in person, 141 Livingston Street: http://www.courts.state.ny.us/courts/nyc/housing/resourcecenter.shtml
i dont think bobjohn is correct. if the infestation is still there, it may be a violation of warranty of habitability.
if nothing else, a judge would be sympathetic.
PS Vinca went into great detail about the warranty of habitability in another context:
Under a provision of NYS law called the “Warranty of Habitability” tenants are entitled to an apartment fit for human habitation without any conditions endangering or detrimental to their life, health, or safety. The text is available here: http://law.onecle.com/new-york/real-property/RPP0235-B_235-B.html
No matter how bad you find your situation, it is NOT guaranteed that you will be able to prove a breach. In order to succeed, you’ll need to be able to establish unreasonable, excessive and continuous noise. Start keeping a log of the time of day, the duration, the unpredictability, etc. It will also help if you can document similar complaints from other building tenants, as well as obtaining a copy of the letter your LL sent to the neighboring tenants.
In addition, if the neighboring tenants are truly using their apartment as a recording studio, there’s a good chance they are violating a prohibition against commercial use of residential premises.
Before you assume you can break your lease without penalty, pay a visit to the free Help Center at Kings County Housing Court: 141 Livingston Street. See also: http://www.courts.state.ny.us/courts/nyc/housing/pdfs/tenantsguide.pdf
Posted by: vinca at October 28, 2009 1:31 AM
NY has a warrant of habitibility. See: http://www.rentlaw.com/ny/habitability.htm
LL responsibilities end at calling exterminators. And they did it. AFAIK