Bed bugs and the law in New York City | New York vs Bed Bugs

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Though we get a lot of inquiries on this subject, were not in a position to give legal advice, and so we simply listed all the relevant references in our resources page, but theyre hard to find.

So, were not lawyers but we can at least show you where to find information and what the statutes actually say. Weve naturally tried to talk to legal experts about the more obscure bed bug legal issues but so far have not been successful.

This discussion is not legal advice, is intended to help you find available sources and references, focuses on rental residential dwellings and, as it relates to actions that a tenant may take, is limited to those that deal with obtaining remediation of the infestation itself. Lawsuits for damages and personal injury are not discussed. We will look at the rights and responsibilities of landlords and tenants under the New York State Multiple Dwelling Law, the New York City Housing Maintenance Code, New York Real Property Law and the New York City Health Code, and list sources of help and self-help.

For what its worth, to my mind the real question is not whether landlords are responsible to eradicate bed bug infestations, because my reading is that they are in all types of dwellings where there is a landlord/tenant relationship except where the tenants negligence has caused the infestationIm not sure I can figure out what that means in practicebut what are the practical remedies available to tenants when landlords refuse to help, or when the infestation continues unabated for months and even years, or when what the tenant really wants is no longer to obtain pest control services, but to move out and break the lease, or to sue for damages, or to compel their landlord to take action against the perceived source of the infestation within the building when that source is thought to be the apartment of an uncooperative tenant.

Also interesting from the policy perspective is the apparent inadequacy of the provisions of law against the nature of bed bug infestations and the current practice of bed bug management. There are numerous complicating factors. First, bed bugs easily spread between apartments, and this has two immediate effects: it becomes essential to inspect and identify other apartments that may be infested in order to eradicate the infestation and it is practically difficult if not impossible to ascertain the ultimate source of an infestation. Second, detection of bed bug infestations is difficult in cases of low-level infestation, so that city housing inspectors may not see the bed bugs and therefore not cite the violation. Third, even good bed bug management practices may fail to eradicate the infestation because the tools and skills currently available are inadequate, because the preparation requirements placed on tenants may be difficult to comply with, and because new infestations may develop, so that even the landlords good faith efforts may still fail. Fourth, the conventional wisdom is that bed bug infestations are so difficult that they are regarded strictly as a job for professionals, and so tenants are discouraged from self-treatment; it is also illegal for landlords who are not licensed pest control professionals to apply certain bed bug treatments. Fifth, professional bed bug eradication is prohibitively expensive. Sixth

For a discussion of co-op and condo responsibilities, please refer to Richard Sieglers and Eva Talels article, Dealing with Bedbugs (PDF), New York Law Journal, November 5, 2008.

Interestingly, the only information on the warranty of habitability available on the citys website is in a FAQ from the legal department of the citys Commission for the United Nations Consular Corps & Protocol. The FAQ disclaims policy or legal positions, but well take the citys summary take on this wherever we can find it:

Warranty of Habitability

Tenants have the right to reside in a comfortable, safe, and sanitary apartment. Landlords must provide heat and hot water on a regular basis. They also must control insect/pest infestation. If a landlord breaches this agreement, the tenant may sue for a rent reduction. The tenant may also withhold rent for recurring conditions, but in response, the landlord may sue the tenant for nonpayment of rent. In such a case, the tenant may counter sue for breach of the warranty. Any adverse condition caused by the tenant or other persons under the tenants direction or control does not constitute a breach of the warranty of habitability by the landlord. In such a case, it is the responsibility of the tenant to remedy the condition. Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent, the estimated value of the apartment without the essential services. A landlords liability for damages may be limited when the failure to provide services is the result of circumstances beyond the landlords control. For example, a water main break or workers strike. In cases of emergency or neglect by the landlord, tenants may make necessary repairs and deduct the reasonable repair costs from rent when due. For example, when a landlord has been notified that a sink is leaking and willfully neglects to repair it, the tenant may hire a plumber and deduct the cost from the rent. Tenants should obtain receipts for the repairs and present them to the landlord along with a written explanation of the deduction from the rent.

The warranty of habitability is codified in New York State under Real Property Law Section 235-b which states in part:

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Bed bugs and the law in New York City | New York vs Bed Bugs

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