New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
By nobugsonme on Jun 22, 2007 in FAQs, bed bugs, bedbugs, housing laws, landlords, lawsuits, legal, new york, tenants, treatment, usa
I just revised the Tenants and Landlords FAQ. I hope everyone who uses this site or the forums will re-read the NYC information (long as it is) because it corrects some misconceptions a lot of us have about the law here.
While the FAQ has always been clear that there are cases in which tenants may be responsible for paying for treatment in NYC, we’ve all kind of gotten forgotten that, and gotten into the habit of saying “the landlord pays for treatment” (myself included). I want to stress that no one has yet reported that they are renting and were forced to pay, but I do think we need to be more careful about sending people to the FAQ for guidance on where to look for advice, rather than saying “landlords are responsible,” which isn’t strictly always the case. I do hope that no one was confused o inconvenienced by this. I hope everyone will have a look at the FAQ as it is now.
I have now prefaced the entire Tenants and Landlords FAQ with this disclaimer:
If you are a tenant, find out the laws in your area about the responsibility of landlords vs. renters to eliminate a bedbug problem. A local tenants’ rights organization probably exists in your city, and they’re probably the best free source of information regarding landlords’ responsibility to pay for treatment. Remember that you also have responsibilities, like reporting infestations promptly (doing so in writing protects you legally), and complying with treatment. Responsibility is not always a clear-cut matter, so please use this FAQ as a starting point, and realize that you may need to figure out how the local laws define your dwelling, your status, and who is required to pay.
I think it’s important for us all to be a bit more circumspect when telling others about local laws. I myself have said many times “the landlord is responsible for paying in New York City.” Well, yes, in most cases. You’d be forgiven for thinking it was all cases, as this Real Estate article from the New York Times (last October) implies. I want to stress that the FAQ has always stated clearly that there are exceptions (such as buildings with 3 or fewer units) where tenants may be responsible. To be honest, we’re not sure about where those exceptions occur, but it seems to hinge on whether you’re defined in some cases as an “occupant in charge of the dwelling” (which tenants in larger buildings apparently are not).
It appears to be true, according to the information below, that landlords must arrange and pay for elimination of bed bugs if you are a renting tenant, AND:
1. Your apartment building has 3 or more rental units, OR
2. You live in NYC-owned housing.
Anyone else may be responsible for treatment, and everyone should therefore consult their lease (if any), and seek advice from Met Council on Housing, or a lawyer.
Please click here to review the revised FAQ (besides New York and Chicago, little has changed.)
If anyone has further additions or corrections, please leave a comment, with links to relevant information.
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penny hill | Sep 27, 2007 | Reply
i live in a old apt bld 50 years old with all kids of people 50 apts people out of jails prison i tried everthing to get rid of bed bugs but move tips on moveing without bed bugs and who should spray land lord or me i have no beds or couch now share blanket and air bed got new pillows help soon
persona-non-bugga | Sep 27, 2007 | Reply
penny, that’s terrible. Is your building in New York City? If yes, then - most likely - the landlord is responsible for eradicating the bedbugs, which means the landlord must do more than spray - he must get rid of them.
But different cities have different rules. Read the FAQ on tenants and landlords for some helpful info.
http://bedbugger.com/2006/10/22/faq-tenants-landlords-owners-and-bedbugs/
If you are in NYC, consider calling 311 to complain.
Also in NYC, try calling the Metropolitan Council on Housing for more detailed advice. Their hotline is 212-979-0611. It’s open Monday, Wednesday, and Friday — 1:30 to 5:00 pm.
Best of luck to you.
Anonymous | Oct 27, 2007 | Reply
is there a number in nj where i can call to confirm who pays for bed bug treatmnent
nobugsonme | Oct 27, 2007 | Reply
Anon,
I responded to your query on the forums.
Please read that answer, it’s all I know (and replicated, now, in the FAQs on landlords and tenants).
kathleensbrady | Jan 31, 2008 | Reply
The cost of the treatment to apartments for a bed bug infestation is nominal compared to the cost of getting all your clothes, rugs, window treatments, furniture, closets, etc., cleaned. My question is, “Who pays for all that”? I am just going through an infestation here in NYC and our landlord is refusing to reimburse for any cost to us which is turing out to be upwards of $2500. In our case our mattress had to be thrown out, animals had to be boarded, all our clothes had to be taken out of the apartment and either dry cleaned or laundered and all our carpets and rugs have to be professionally cleaned. Has anyone taken the landlord to court to recoup expenses???
nobugsonme | Feb 1, 2008 | Reply
Hi kathleen,
I understand the horrible expenses involved, and everyone here would be sympathetic with your experience.
I am not a lawyer and can’t give legal advice, but I can tell you what I have seen.
I don’t personally know anyone who has filed a suit for these costs, though I have heard people mention the idea. (Lots of people have sued for being exposed to bed bugs in hotels and sued landlords for not treating and/or disclosing promptly.)
In your case, it isn’t clear whether you think the landlord contributed to your problems (say, by not disclosing the unit was infested before you moved in, or by not treating promptly). In many cases, this would be difficult to prove.
Luckily, it’s also difficult for landlords to prove an individual brought bed bugs in, or they’d probably be suing tenants.
kathleensbrady | Feb 3, 2008 | Reply
Hi Nobugsonme:
Thanks for your response. You need to understand NYC rent guidelines. Anyone who is renting apts. in NYC presently would not fall under the protection of our rent stabilization regs. Because my apt. is stabilized I have specific rights as a tenant that a “fair market ” rentor does not enjoy. Specifically, my slumlord cannot just one day decide to cancel my lease. Therefore his disclosing the presence of bb’s would be moot as I have been living here for over 30 years. He would do almost anything to get us “protected rentors” out so the rent can go up thousands of dollars.
About one year ago the tenant below my apt. had a serious case of bed bugs. I told slumlord then that treating only the infested apt. would not stop them from migrating to other apts and requested he treat the entire building both apts. and public areas. Only the apt. affected was treated at that time. An apt. two floors above me had bb’s. Again, the slumlord did nothing to prevent the infestation from spreading. My apt finally came down with a serious bb case. The slumlord sent the exterminator to spray my apt. When I asked again for the building to be treated he said NO. Since writing my first entry I have found case law in NYC that ruled in favor of the tenant receiving rent abatements when it was clear that the infestation was not just an isolated case in one apt. The way I understand the habits of bed bugs (and believe me, I know more than I ever wanted to) they can live for an entire year on one blood feeding. Does anyone out there know of a good personal injury or tenant lawyer that has taken any landlords to court on “warranty of habitability”? It would be really helpful to consult with a pro. Thanks
nobugsonme | Feb 4, 2008 | Reply
Kathleen,
Believe me, I do understand NYC rent guidelines.
I would suggest looking into some of the lawyers involved in cases mentioned in the link I provided in my last comment above.
kathleensbrady | Feb 5, 2008 | Reply
Thanks. I have been exploring some of the lawyers on your links, called 311, posted notices in the building about the increase in bed bug occurances, contacted Met Council, as well as the Housing Advocate for our district, Joyce Goodman. I called our Counselwoman Inez Dickens to set up a meeting with her and intend to file an HP action at the clerks office at 111 Centre St.
If you can think of anything else that would assist me I would appreciate your help.
nobugsonme | Feb 5, 2008 | Reply
Kathleen,
Sorry I do not know what else to advise. But good luck and I hope you will keep us posted.
Harriet | May 6, 2008 | Reply
Kathleen,
We must live in the same district. Last summer I called Inez Dickens’ office and also spoke to Joyce Goodman. Joyce Goodman told me she didn’t understand why I just didn’t throw my mattress away and the office of I. Dickens was equally unhelpful. I really tried to educate them to no avail.
Did you have a meeting with I. Dickens? I’d be most happy to join forces with you if you’re interested.
nobugsonme | May 6, 2008 | Reply
Harriet,
I am not sure if Kathleen is still reading, but I hope you will check out http://newyorkvsbedbugs.org, and connect with others lobbying NYC politicians to take action on this issue.
LosingSleep | Jun 14, 2008 | Reply
Great question about the costs - we’ve been infected for a month or so now; told the super last week, and he finally calls me back today to say he’s spoken with a PCO who can come next week, but first I have to bag all of my clothing and wash it in hotwater, or dry clean it.
He said the landlord would pay for the PCO, but I’m not sure about the cost of cleaning everything. I’m actually related to the landlord, and so I don’t want to cause any problems for her by calling 311, but do want what’s right. We’re in Brooklyn, and the building has 12 units, I have no idea where the bugs came from, but the super says our apartment is the only one that reports an infection and he’s “Asked” … I’m not so sure. The super also told me that when he spoke to the landlord, or actually her agent, that he was told it was a “Tenant issue” but since I was family, they’d help out. Well, same result, but I had to educate him - based on what I found on this website.
So, anyone know about the costs? Like you can imagine, I don’t want a fight with the landlord, but don’t want to spend a fortune either.
nobugsonme | Jun 15, 2008 | Reply
As I said above, LosingSleep, you may be able to take some kind of legal action in order to recoup expenses for dealing with clothing, etc. But you’d have to get legal advice about that (I’m not a lawyer).
I love, however, that your landlord-relative is pretending they’re doing you a special favor in treating for bed bugs because “you’re family.” That’s classy.
buggedastoria | Jun 16, 2008 | Reply
I’m also in a similar situation in that my LL doesnt want to get a PCO b/c she says it’s just me and that we have no evidence, found no bugs yet. she asked me to buy this stuff on the internet which is supposedly guranteed but i’m skeptical. should i just file a complaint by now?
nobugsonme | Jun 16, 2008 | Reply
buggedastoria,
Have you verified for sure that you have bed bugs? I know this can be hard to do, esp. in early stages.
The problem with calling 311 is that I understand from those who have called 311, if you do not have visible bed bugs roaming the apt., they will not issue a violation or require the landlord to treat.
We have a FAQ in the main FAQs page on how to catch a sample bed bug. It may take time (esp. if you have a small infestation) but at least you’ll know what you’re dealing with.
If you’re not sure you were exposed to bed bugs, I would rule out fleas (with a flea trap, see “shop” page) and see a doctor to rule out scabies and folliculitis.