I have bedbugs, what should I do?
Q: I have bed bugs and my landlord won’t do anything about them, what should I do?
A: Bedbugs are a serious problem and have been in New York for over a century. The first court cases regarding bedbugs stem from the early 1900’s.
According to exterminators bedbugs are tenacious. According to the Court in Ludlow Props., LLC v. Young 2004 NYSlipOp 24208 bedbugs can create “intolerable conditions” as … “although bedbugs are classified as vermin, they are unlike the more common situation of vermin such as mice and roaches, which, although offensive, do not have the effect on one’s life as bedbugs do, feeding upon one’s blood in hoards nightly turning what is supposed to be bed rest or sleep into a hellish experience”. Considering the above, a landlord must do everything he can to correct the condition of bedbug infestation.
The landlord has a legal duty to maintain the “warranty of habitability” in your apartment. This requirement basically means keeping the apartment suitable for safe and normal living. The first thing you should do if you find an infestation or any breach of the warranty of habitability is to notify the landlord both orally and in writing. If the landlord fails to act within a reasonable amount of time regarding your complaint you should call 311 and ask for HPD (Housing Preservation and Development) or just tell them you want to report having bedbugs in your apartment. HPD should send an inspector to verify the condition and compel the landlord to correct it. Alternatively, you can commence an HP (Housing Part) proceeding in Housing Court or withhold your rent and wait for the landlord to sue you for non-payment. These alternatives will put the issue in front of a Judge and also have HPD inspect the apartment for the confirmation of bedbugs.
If after an inspection HPD finds bedbugs it will be you landlord’s responsibility to rid them from your apartment. Since the condition can cause such destruction to property and lifestyle you may be entitled to an abatement of your rent because of the bugs’ presence.
Obtaining an abatement can be tricky and risky. You must be found to be the winning party in a Court case and you must be immediately prepared to pay all of the rent that is due and owing after the abatement has been deducted from the outstanding arrears. You will almost never obtain a total abatement of all rent owed. The most important thing is to have the bedbugs removed from your apartment as quickly as possible.