His lease was terminated Sept. 27, about a month after he said he posted fliers alleging that bedbugs had invaded 11 apartments, including his own. A hearing on the eviction notice will take place Oct. 26 at Superior Court in Morristown.

Rutgers Village, in an Oct. 2 court filing, placed the bedbug blame squarely on Veghte.

The apartment complex alleged that Veghte, on or before Sept. 17, “either intentionally or through gross negligence, created an infestation condition within his apartment” that he initially failed to report. The landlord also alleged that Veghte refused to cooperate with extermination efforts.

How could Veghte have “intentionally” caused a bed bug infestation within his apartment? Does this mean he sought out bed bugs, brought them in, and infested his home?!?

How could he have “created” the infestation through “gross negligence”? While it is true that someone might have bed bugs for a time and not report them, thus allowing the problem to escalate, we know that different people react to bites in different ways, and bed bugs can be hard to find. Unless they are crawling over the walls all day, it seems like it would be nearly impossible to prove how long someone had them and known about it.

Failing to report the infestation promptly is another matter, and we really do not know what went on there.

Parsippany housing coordinator Rena Plaxe said she was contacted by Veghte several times but did not intervene in the dispute. Plaxe said it appeared that the landlord had acted reasonably.

“From what I understand, he found a bedbug. He put it in a Ziploc bag. He took it to the management office. They set up an extermination process for his apartment, but he’s been unable or unwilling to properly prepare the apartment. Therein lies the problem,” said Plaxe, adding that the landlord was able to do only “a cursory treatment” as a result.

It does sound as if “unable” to prepare is more likely than “unwilling” to prepare. Read on:

Veghte, a former truck driver who said he had not worked since 2002 due to three herniated disks and osteoarthritis in his neck and back, said he was unable to remove items from cabinets and closets as requested by the landlord to aid in extermination.

“I’m disabled. I asked them for help,” Veghte said.

What should disabled people do, if they ask landlords for help with prep and do not get it? Who can they, or the landlord, call?

And why would a landlord evict a disabled person who could not do their prep? Veghte claims there’s more to the story.

Rob Jennings reports for the Daily Record that Veghte feels he is being evicted because he told neighbors about the bed bugs via a flyer he distributed on August 25th. He received the eviction order on Sept. 27, and the building sent tenants a letter about bed bugs on October 10th. Regardless of anything else that happened, the building clearly did not warn Veghte’s fellow tenants about the possibility they were infested until six and a half weeks after Veghte distributed the flyers. They had to have known of this possibility since at least late September, at least two weeks before October 11, since the man was evicted then.

Assuming Veghte did distribute the flyers without notifying the landlord of his infestation directly, which was not a good idea, several weeks at most could be proven to have passed between his knowing about the infestation and his notifying the office as per Plaxe’s description.

His lease was terminated Sept. 27, about a month after he said he posted fliers alleging that bedbugs had invaded 11 apartments, including his own. A hearing on the eviction notice will take place Oct. 26 at Superior Court in Morristown.

Veghte’s being represented by Legal Aid.

This is not the first time someone has been evicted for not doing the prep required for treatment. Last December, multiple families (including one with a disabled son) were evicted from an Edmonton, Alberta building for not properly preparing for bed bug treatment. Read more about that here. In that case and this one, the evicted individuals claimed to be unable to complete all the steps of required preparation. These can vary depending on the PCO. In the Edmonton building, the tenants complained of not being able to move furniture and other items, and not having anywhere to move them to. As the article implies, they may not have fully understood the reasons for prep, or how to go about it.

In the current New Jersey case, Veghte is disabled. Although I understand that landlords do not feel they can do tenants’ prep, it simply is not acceptable that disabled persons, or for that matter, elderly people, busy single parents, or anyone else who has difficulty doing required preparations, should be evicted. Preparations can be time-consuming and demanding on one’s energy and physical abilities. If people need help, then there must be government agencies who will provide assistance in cases where people simply cannot do the physical labor, or do it quickly enough.

Make no mistake: tenants must report bed bugs promptly if they are aware of them (and whether Veghte did or not is uncertain), and prep needs to be completed properly before treatment. Not doing so puts neighbors as well as the property in jeopardy, and I am not supporting anyone who fails to do those things. However, people who need help with prep must get this help. We cannot expect disabled or elderly people, or those with other legitimate limitations, to simply find help somehow. As a society that does not evict people for being physically challenged, we simply have to provide help.

If this man is really being evicted for not doing prep, his eviction amounts to discrimination, and it’s just plain wrong.

Let this story be a warning to tenants: notify your landlord promptly, and in writing, the minute you suspect a bed bug infestation. People whose first instinct is to simply self-treat could conceivably be accused of not reporting an infestation. In NYC, landlords are often happy to try and evict you, since they can raise the rent for the next guy. Don’t give them any excuse for doing so.

And a warning to landlords: make sure your tenants understand how and why they need to prepare. Many good PCOs will give a talk at the building for tenants about the hows, the whys, and the wherefores. Education is key here. However, you have a responsibility too–to let tenants know of neighbors’ infestations. If you don’t, you may be sued, like this Chicago landlord. All’s fair in love and torts.

And a warning to the rest of the world: we must find ways to help people who cannot prepare for treatment.

Or there are soon going to be a lot more disabled people, elderly people, and parents of young children on the streets. What a shame.

• More from Edmonton bed bug evictions case
• Bedbug evictions: Edmonton tenants evicted because they did not prepare for spraying
• Still more from Nashua, New Hampshire: fewer bed bugs at 23-25 Temple St.
• Bed bugs & tenant organizing: don’t take this lying down

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Courtesy of the CBC’s links from its fine story on bed bugs (which remains the best television clip on bed bugs to date, hands down, in my humble opinion), a rundown on who pays for tenants’ bed bug treatment according to Province. It is really complicated. I am not even going to try and paraphrase it.

However, the easy thing to say is that the law is pretty much on the tenant’s side in Alberta, Manitoba, Ontario, and Vancouver, British Columbia. Nevertheless, folks in those areas should read the information on your location; it is definitely not always cut and dried, and you have responsibilities as well as rights. Seek legal advice or advice from a tenant’s organization in your area if you need help understanding the laws the CBC page links to.

In most other areas, the responsibility for paying for bed bug treatment varies a great deal Province by Province and according to the situation.

Yes, you guessed it: they want to play the blame game.

In some places it depends on whether the tenant can prove they did not bring bed bugs into the apartment, in others it depends on whether the landlord can prove tenants did bring them in. In still others, arbitration is provided where tenants and landlords cannot come to an agreement.

• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
• Halifax: where the bed bug “blame game” is the law
• added to the “Tenants and Landlords FAQ”: Washington, D.C. and Florida
• Brown student wants to provide free bed bug treatment to those who can’t pay

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A Canadian mattress store called Sleep Country has a program of “charity” for those in need. When a person buys a new mattress and returns their old one, the used mattress is given away to a person in need. The Edmonton Sun recently ran a story detailing one woman’s story: as the recipient of this charity, she had to have her home treated repeatedly for bed bugs.

Prospective mattress recipients are supposed to inspect the mattress and determine its safety. This woman’s mattress actually had black streaks on it and she did not know about bed bugs. However, it should be stated that even without obvious signs, a mattress with small tears or gaps can harbor bed bugs.

For its part, Sleep Country says it has had few complaints about the donation program, which provided 40,000 people with beds last year.

Dean Ritchey, the company’s vice president of operations for Western Canada, said it’s up to the person taking the bed to inspect it.

“We let the consumer determine if it’s a product they’re comfortable with,” he said.

Sleep Country is being seriously negligent if they expect people to know the signs of bed bugs. This is a really bad idea, and the practice of giving out used mattresses should be stopped at once. The bed bug epidemic is serious, and Edmonton has had many outbreaks. People on low-incomes do not benefit from a bout with bed bugs.

• Edmonton couple moves from an infested building, to another infested building
• Bed bugs at Maryland’s Hashawha Environmental Center
• Bedbugged North Carolina: Bayer’s training grounds for bed bug detection and treatment
• Bed bugs and the disabled

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For those of you who don’t know, webpages can tell where you’re coming from (though not very specifically). They know the location of your ISP. For most people, this comes up as somewhere near where they live, though it’s not always precise and sometimes it’s just the country. It also tells the webmaster what internet browser you use (Go Firefox!) and whether you like Macs or Windows machines. No, I do not know your name, or where you live, don’t worry!

This may all seem very “meta,” so far, but we know that our readership consists of four kinds of people:

a) People who have, or think they have, or recently had, bed bugs.
b) People whose work makes them concerned about bed bugs (pest control professionals, entomologists, politicians, landlords, hotel managers, social service agencies, government officials, are just some sectors that I have heard from).
c) People who have heard about bed bugs and are concerned, and want to know more.

I think that group (a) is in the majority, and although most people don’t comment, most commenters fit in group a. In any case, the Bedbugger.com readership is a map of bed bug concern, and you’d be pretty safe betting its a map of where bed bugs are popping up–with the caveat, of course, that our site pops up more in US search engines than those abroad, and also that our readers are overwhelmingly English-speakers, though we have dreams of breaking down those linguistic barriers!

This is where the last 89 readers were reading the blog (circa 6:30 this evening):

1. San Diego, California, United States
2. Nottingham, Nottingham, United Kingdom
3. Walden, New York, United States
4. Long Island City, New York, United States
5. New York, New York, United States
6. Plattekill, New York, United States
7. Hull, Quebec, Canada
8. Durant, Iowa, United States
9. Miamiville, Ohio, United States
10. Gibraltar
11. Calgary, Alberta, Canada
12. Boston, Massachusetts, United States
13. Humble, Texas, United States
14. Germantown, Maryland, United States
15. Rowland Heights, California, United States
16. New York, New York, United States
17. New York, New York, United States
18. Hadley, Kentucky, United States
19. Buffalo, New York, United States
20. Hveragerði, Arnessysla, Iceland
21. Pine Falls, Manitoba, Canada
22. Livonia, Michigan, United States
23. Bayside, New York, United States
24. Woodhaven, New York, United States
25. Denver, Colorado, United States
26. New York, New York, United States
27. United States
28. Waterloo, Quebec, Canada
29. Los Angeles, California, United States
30. Burnaby, British Columbia, Canada
31. Santa Maria, California, United States
32. Beamsville, Ontario, Canada
33. Kansas City, Missouri, United States
34. Corona, New York, United States
35. Barker, Texas, United States
36. Readville, Massachusetts, United States
37. Palo Alto, California, United States
38. Salt Lake City, Utah, United States
39. Mill Valley, California, United States
40. Ridgewood, New York, United States
41. Mehama, Oregon, United States
42. San Francisco, California, United States
43. Feeding Hills, Massachusetts, United States
44. Swedesburg, Iowa, United States
45. Dublin, Dublin, Ireland
46. West New York, New Jersey, United States
47. Lancaster, Blackpool, United Kingdom
48. New York, New York, United States
49. Miami, Florida, United States
50. Anaheim, California, United States
51. Harrow, Harrow, United Kingdom
52. Wilsonville, Oregon, United States
53. Sheffield, Sheffield, United Kingdom
54. Forest Hill, Ontario, Canada
55. Wayne, New Jersey, United States
56. Kecskemét, Bacs-Kiskun, Hungary
57. Port Coquitlam, British Columbia, Canada
58. Short Hills, New Jersey, United States
59. Seattle, Washington, United States
60. Jackson, Mississippi, United States
61. Tulsa, Oklahoma, United States
62. Secaucus, New Jersey, United States
63. Long Island City, New York, United States
64. United States
65. Tranbjerg, Arhus, Denmark
66. Naples, Florida, United States
67. San Francisco, California, United States
68. Edmonton, Alberta, Canada
69. Gainesville, Florida, United States
70. Edmond, Oklahoma, United States
71. Hempstead, New York, United States
72. Everett, Massachusetts, United States
73. United States
74. United States
75. São Paulo, Sao Paulo, Brazil
76. Burnaby, British Columbia, Canada
77. Bismarck, North Dakota, United States
78. Pittsburgh, Pennsylvania, United States
79. Downers Grove, Illinois, United States
80. United States
81. Bend, Oregon, United States
82. Henderson, Nevada, United States
83. Montréal, Quebec, Canada
84. Sunnyvale, California, United States
85. Arlington, Texas, United States
86. United States
87. New York, New York, United States
88. Fairfax, Virginia, United States
89. Rochester, New York, United States

You might expect that most of these people came from the bed bug hot spots. We get lots of readers from Chicago, Boston, NYC, San Francisco, Vancouver, Toronto. So it’s surprising that 89 people came from such a wide variety of places:

68 from at least 33 states (only 12 of these from NYC, San Francisco or Boston);
11 from 5 provinces in Canada;
4 from 4 cities in the UK (none of them London);
1 person each from: Hungary, Ireland, Denmark, Brazil, Iceland, and Gilbraltar.

In New York state, 10 of the 17 visitors were from NYC. And of the 10 in NYC, 60% were in Queens, where, unlike Staten Island, Brooklyn, the Bronx and Manhattan, each neighborhood has its own name used for the purposes of the postal service: Ridgewood, Corona, Long Island City, Woodhaven, Bayside, New York, are all in Queens, and part of NYC. Remember the Queens Gazette speculating that Queens was the “ground zero for NYC’s bed bugs? Well, I am still not sure it’s true, but it seems plausible: we certainly have a lot of Bedbuggers in Queens.

I peeked at the traffic report for the site because I have a geeky side and I find it interesting to know where you’re coming from. However, looking at it can tell us something about the bed bug problem. This is not a scientific study, but just a snapshot of our site’s traffic does tell you who’s worried about bed bugs (and, we can assume, many are worried because they have bed bugs).

Most of those cities were not capitals or the biggest cities in their regions or countries. A small percentage are from those places you think are hot spots. It should serve as a warning sign that bed bugs, like Bedbuggers, are everywhere, and way more spread out than you thought.

• California fights bed bugs: good news from the golden state
• Portsmouth NH’s Health Officer proactive about bed bugs
• Comedian moves into NJ Ikea store
• Tracing the path of the epidemic

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The Edmonton story is notable because it details how Robert Kirkland moved from one apartment infested with bed bugs, to another. When I first started reading, I wondered if he could have moved the bugs inadvertently with him. But the article states that Capital Health noted the building Kirkland moved into had an outstanding bed bug violation on record, that hadn’t been dealt with.

If Caryn is the first person to have gotten bed bugs again after 2.5 years bug free, Kirkland is the first I’ve heard of who appears to have moved from one infested home to another. Kirkland’s original residence was apparently next door to one featured in a news story last year.

Also in the news today, another non-descript dorm bed bug story. This time from Boston University.

• More from Edmonton bed bug evictions case
• New York City is behind in the bed bug wars
• an honest hotel?
• Some recent press about bed bugs

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Now, the Edmonton Journal is reporting that some tenants who claim to have complied with the preparations for bed bug treatment in their building were nevertheless evicted.

Capital Health says it was unable to successfully fumigate a number of suites at Virginia Arms, 10615 107th St., three times because some residents refused to clear everything out — including clothing and furniture — as required.

The company that owns the building is saying enough is enough, but some of the residents who claim they were complying say they, too, are being forced out.

“We didn’t do anything wrong,” said a resident who asked not to be named. “We let them in and they sprayed, but now they say get out. It doesn’t make sense.”

If this is true, it sounds like some of the residents were compliant and the landlord just wanted an excuse to evict them.

And at least one resident did not fully comply because his health condition meant he could not move his own furniture:

Evicted resident James Whieldon said he tried his best to prepare his suite for the exterminators, but because of a heart condition he cannot lift heavy objects.

“Since I live alone, I couldn’t move the furniture. But they didn’t come and help me or suggest where I should store my stuff while they were spraying,” he said. “They just said, ‘You didn’t do it … get out.’ “

I still think its good the building is taking the pest control operation seriously, since some places would not treat all units nor ask tenants to prepare.  But there has to be a system in place for helping people complete such preparations in cases where they can’t move their stuff. The article said:

Preparing for the fumigation process, which usually takes between four and eight hours, meant pulling every piece of furniture away from the walls and washing and double-bagging household items, like clothes and towels, so the bugs have nowhere to hide.

Some of the tenants (like Wheildon quoted above) implied they were being asked to move furniture out of the apartments, not just away from the walls.

It’s interesting that they’re talking about “fumigation”; I’d like to know what exact process they’re using in this building.

Also, on a more humorous note, pay attention to the slightly odd suggestion the Edmonton Journal gives its readers as far as how to remove bed bugs from one’s property:

What to do if your home is infested:

- Call a professional exterminator immediately. The longer you wait, the worse it gets.

That’s good, but read on:

- Household items need to be wrapped in plastic and placed in a hot, sunny location for at least a few days at 120 degrees F. Colder temperatures — below freezing — also can work, but the chilling period must be maintained for at least two weeks. However, attempts to rid an entire home or apartment of bedbugs by raising or lowering the thermostat will be unsuccessful.

It was -11 degrees C (12 degrees F) in Edmonton today. Perhaps the Edmonton Journal should offer some more practical advice to Edmonton residents than that they should leave their items outside in 120 degree F heat– I mean, given there is no outdoor 120 degree F heat in the vicinity, nor will there be for some time to come.

• Bedbug evictions: Edmonton tenants evicted because they did not prepare for spraying
• Disabled NJ man who reported bed bugs is evicted for not doing prep & (allegedly) not reporting bed bugs promptly
• Edmonton couple moves from an infested building, to another infested building
• Dumpster-diving tenant evicted after Winnipeg apartment seriously infested with bed bugs

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But now the Edmonton Sun reports that residents of several units of a bedbug-infested building in Edmonton, Alberta have been evicted because they did not prepare their apartments to be treated, including washing and drying clothes on hot, then bagging them, as well as removing cleaned furniture from the apartment:

Capital Health says they were unable to successfully fumigate the suites at Virginia Arms, 10615 107 St., three times because some residents didn’t clear everything out - including clothes and furniture - as required.

Now, the building’s landlord says enough is enough.

Judy Friesen, office manager at Mainstreet Equity, said tenants were given written advanced warning about the need to clear their suites out for cleaning and that the notice said they would be evicted if they failed to comply.

“None of them prepared the suites as they were asked to, therefore the only way to deal with it was to follow through with what we threatened,” she said, adding Capital Health had nothing to do with the eviction order.

Getting ready for fumigation meant removing pre-cleaned furniture from the suite and double-bagging clothes which also had to be washed so the bugs would have nowhere to hide.

Friesen declined to comment on how many tenants are affected or if they will be allowed to move back into the building after the bed bugs are successfully eradicated.

“Fumigation” is one of those words people often misuse in regards to bedbugs. I’d be interested to know if Capital Health was going to tent and fumigate using Vikane gas or some other substance, which works for bed bugs, or if they were going to “fumigate” with bombs, which doesn’t.

I am also not sure how thoroughly they really expected tenants to “pre-clean” their furniture, since getting bedbugs out of infested stuffed furniture, or the cracks in wooden furniture, can be nearly impossible, especially for people who don’t know what they’re dealing with. “It looks clean” doesn’t apply here.

Evicted resident Yom Noch said she is beside herself with worry over where she and her family will go.

The Cambodian immigrant lives in the suite with her husband and 22-year-old son, who is disabled.

“We have no place to go,” she said in broken English, fighting back tears. “Can someone please help me? I’ve looked around and around, but there’s no place (available).”

Capital Health was there last on Nov. 23 and residents received their eviction notices on Monday telling them to be out by noon on Dec. 12.

Capital Health last visited on the 23rd and they were evicted on the 30th. I’d like to know how much time they had to do all this, and how much education tenants were given about the problem. It sounds like they’ve had a few weeks total, which is not bad, and to be fair, Capital Health did come in three times.

You don’t want to delay treatment, but people need time to deal with their stuff and somewhere to put it. Lots of people work full-time and some even work a second job. One of the evicted couples has a disabled adult son. There needs to be some sort of social services provided to help people prepare for treatment–folks who are disabled, elderly, out of shape, or burning the candle at both ends can’t always handle this, and quickly.

It also sounds like a big part of the problem was the tenants who did not comply did not get it: the process, its importance, or where they were supposed to take their stuff.

Another evicted resident who didn’t want to be named says the tenants feel they are being treated unfairly.

“We didn’t move the furniture properly for them to spray but they didn’t come and help us as to where we were going to put our furniture and clothes and everything,” she said. “They just said ‘You didn’t do it… Out!’”

She also said she can’t believe Mainstreet would evict people just before Christmas.

“Imagine all these people out on the street at this time of year,” she said. “I guess they just think we’re all a bunch of lowlifes and don’t deserve any better.”

Environmental Health officer Maria Precup said bed bugs are a “major” problem in Edmonton and that getting rid of them in multi-unit dwellings requires a team effort from all tenants.

“The tenant must comply,” she said. “If you don’t have everything prepared, there’s no point in us going in.”

One question: this sounds like private housing; is Capital Health = the city health department? Is pest control in Edmonton provided by the city government, or overseen by them? Here in NYC, the city only takes care of pests in city-owned housing. Perhaps if things were centralized, quality would not vary so much. (But then again, maybe it would be lousy.)

The bottom line is that I am impressed with Capital Health on one level: they get the need to treat entire buildings, and they get the need for proper treatment.

However, I am not sure about their methodology. Where were tenants supposed to take that stuff? Was it somewhere the furniture would not infest additional homes? (If you’re treating an entire building, then the act of carting the stuff out is not as horrifying as it is if only some units are being treated, but if they were removing furniture that may contain bed bugs from the building, that is highly risky as far as spreading them further.

And I understand the landlord’s the one responsible for the eviction, not Capital Health. So did the landlord clearly educate the tenants both about bed bugs and about the procedures? Did they offer to answer any questions? Did they provide enough time and make it clear where people were supposed to put this stuff?

Or did they create a really difficult and confusing situation for tenants, some of whom could not afford to find a place for their stuff, or organize its removal?

Public education is a major need everywhere in North America, since most people even in infested cities know little or nothing about bed bugs until they become infested. And even then, so much bad information is circulating, it’s hard to know what to think. We need education campaigns. We need social services to support people in this situation and help them. Obviously, housing codes have to protect both protect compliant tenants from non-compliant ones, as well as from negligent landlords. It’s impossible to know what really happened here, based on this article, and I do not doubt that both sides may be at fault.

The last thing these folks needed before the holidays was to be chucked out on the street. And if you’re too cold-hearted to worry about that, let’s not forget, bedbugs make us interdependent on one another. Now you’ve got some families on the street. The last thing Edmonton needs is several families with bedbugs moving in with friends or relatives, selling their furniture to second-hand dealers, or staking out space in a homeless shelter that just may be between bedbug infestations. The problem will move with them and with their stuff.

• More from Edmonton bed bug evictions case
• Edmonton couple moves from an infested building, to another infested building
• Dumpster-diving tenant evicted after Winnipeg apartment seriously infested with bed bugs
• Bed bugs 40, humans 33: 185 Smith Street in Winnipeg.

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If you are a tenant (renter), please 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, the tenant, 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.

Regarding Australia, reader Cody writes,

Tenants in Australia are covered by the Residential Tenancies Act 1987 (which has slightly different versions for each state, though are mostly the same). For Western Australia section 42 states the owner:

(a) shall provide the premises in a reasonable state of cleanliness;
(b) shall provide and maintain the premises in a reasonable state of repair having regard to their age, character and prospective life; and
(c) shall comply with all requirements in respect of buildings, health and safety under any other written law in so far as they apply to the premises.

It doesn’t specifically mention bed bugs or other pests, and I haven’t found any state health and safety legislation for buildings yet, but owners have been prosecuted for bed bugs using this legislation, see: Chessels v Wood (Residential Tenancy) [2004] NSWCTTT 306 (8 June 2004).

In these cases the owner is always responsible, not the real estate agent or a head-tenant or anyone else. It’s the owner that you must take to magistrate’s court.

The main caveat is that not everyone will be considered a tenant - specifically borders and lodgers are excluded. A court can also deem this law will or will not apply to you using Section 84.

If you’re not covered by the Residential Tenancies Act, you may be able to use another law to pursue a case.

In Canada, so far, we have specific information for British Columbia below. But a roundup of links to laws on all areas in Canada can be found here on the CBC website.

In the USA, so far we have information for Baltimore, MD, New York City, New York State, New Jersey, Chicago, Florida, the District of Columbia, Boston, MA, San Francisco, CA, and Rhode Island.

Baltimore, MD

The law appears to be that landlords are responsible for eliminating pests only if they occur in more than one unit. Peoples-law.org says:

Rat proofing and pest extermination

Where infestation occurs in the shared or public areas or in 2 or more dwelling units in a building, the owner is responsible for extermination of rats, insects, or other pests.

All dwellings and dwelling units must be rat-proofed and kept in a rat-proof condition by the owner. Rat proofing includes but is not limited to: 1) using rat impervious material to block all passages by which rats could enter from outside; and 2) paving basements, cellars, and other areas in contact with the earth; eliminating rat breeding places by keeping areas clean; removing rats’ nests, etc.

A landlord with any sense would pay to have bed bugs removed from one unit, rather than waiting until they spread to multiple units. And I would, if I were a tenant in Baltimore with bed bugs, try and negotiate politely with the landlord on that basis.

See the source of the Baltimore information cited above here.

New York State

From the New York State Attorney General’s Tenants Rights page:

LANDLORDS’ DUTY OF REPAIR

Landlords of buildings with three or more apartments must keep the apartments and the buildings’ public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)

New York City

Many times, people on this site (myself included) have said, “the landlord is responsible for paying for elimination of bed bugs in New York City.” This is true 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. 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.

There may be other exceptions, and the resources below should help you figure out if you’re an exception.

In NYC, in most cases, landlords are responsible for eliminating insect problems, including bedbugs. You can read more about the laws here: NYC Rent Guidelines Board, Ch. 2 of Housing Maintenance Code, or here: Met Council on Housing’s Bedbugs page. (If you’re not sure of your rights on any issue related to renting in NYC, call Met Council, a non-profit tenants’ rights organization.)

Subchapter two of the NYC Housing Code:

Sec. 27-2017 Definitions

When used in this article:

1. Eradication means the elimination of rodents or insects and other pests from any premises through the use of traps, poisons, fumigation or any other method of extermination.

2. Insects and other pests include the members of class insecta, including houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the phylum arthropoda as spiders, mites, ticks, centipedes and wood lice.

3. Harborage means any condition which provides shelter or protection for rodents or insects and other pests.

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Sec. 27-2018 Rodent and insect eradication; mandatory extermination

1. The owner or occupant in control of a dwelling shall keep the premises free from rodents, and from infestations of insects and other pests, and from any condition conducive to rodent or insect and other pest life.

2. When any premises are subject to infestation by rodents or insects and other pests, the owner or occupant in control shall apply continuous eradication measures.

3. When the department makes the determination that any premises are infested by rodents, insects or other pests, it may order such eradication measures as the department deems necessary.

Subchapter two of the NYC Housing Code clearly states that bed bugs must be eradicated by the “owner or occupant in control of a dwelling”:

But here’s where it gets confusing: If you are a tenant (renter), are you the owner? No. But are you the “occupant in control of a dwelling”? Sometimes. This may be true if the property you’re renting is, for example, a house with a rental unit or two. The same kinds of buildings, I assume, where landlords need not issue leases. Please seek advice from Met Council or a lawyer.

Here’s the Rent Guidelines Board’s information on Warrants of Habitability and Landlord’s Duty to Repair:

WARRANTY OF HABITABILITY

Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)

Note that the landlord has responsibilities, but the tenant does too. We have not heard of any tenants who were forced to pay because they “caused” the “uninhabitable condition,” but the possibility is there.

The above item also seems to imply that co-ops are responsible for eradicating pests, not the individual owners. Readers who are co-op owners have claimed that owners are responsible, but this implies they aren’t. Perhaps someone who is an expert on housing law can clarify this. The New York Times article from October implies co-op and condo unit owners are responsible except,

In some instances the building might be responsible — if, for example, bedbugs have affected multiple apartments, and their source is not readily traceable or attributable to a particular unit owner.

Back to the Warranty of Habitability:

If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for nonpayment of rent. In such a case, the tenant may countersue for breach of the warranty.

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 landlord’s liability for damages is limited when the failure to provide services is the result of a union-wide building workers’ strike. However, a court may award damages to a tenant equal to a share of the landlord’s net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.

In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.

I would not undertake any of the above (eg making your own repairs) without seeking legal advice. If you’re renting, call Met Council on Housing for more information on the laws and what to do, or consult a lawyer.

Met Council on Housing advises tenants in New York City. Their Bedbugs Fact Sheet says:

Tenants’ Rights: Apartment Buildings and Hotels
Obviously, multiple dwellings offer bedbugs the perfect environment, since the bugs can hide in the walls while one unit is cleaned and then appear in another, or return to reinfest the original room or apartment. Hotels traditionally have had difficulty removing bedbugs, because bedding is often carried from one room to another, and while one infested unit might be cleaned, it’s rare for the entire hotel to be shut down so all the rooms can be fumigated.

For tenants in New York City, the right to a bedbug-free environment derives from the city’s housing and maintenance code-which specifically names bedbugs, along with a number of other unpleasant pests. The landlord has an obligation to eradicate the infestation and to keep the units from getting reinfested. If your landlord refuses to take the necessary steps, you can file a complaint with the city department of Housing Preservation and Development (call 311) or take the owner to Housing Court in an HP action. As with any problem you have concerning repairs or services, it is important to notify the landlord of the condition in writing (send by certified mail, return receipt requested, and save a copy) and to let the owner and manager know what steps you expect them to take.

Note, again, this says “apartment buildings and hotels.” Many of NYC’s housing laws vary when applied to small-scale landlords, who rent out an apartment or a few. If this describes your situation, you need to look into your lease and if you do not have one (which probably means you’re in a very small building with fewer than 3 units), seek advice from Met Council or another source. There’s no one-size-fits-all answer, and people have to be aware of which laws apply to their situations.

If you live in housing run by the New York City Housing Authority, read this.

Any NYC tenant can call 311 and report a bedbug infestation. Information on how to do this, and what will happen next, is here. You might feel like you don’t want to do this, for example if your landlord is your friend, and you think they might be more helpful if a complaint is not formally made. You might prefer simply to deal with the landlord directly. However, don’t forget about this option if your landlord is slow to act, wants you to pay for extermination, or hires bad exterminators. When you’re being bitten by bloodsucking monsters, not getting any sleep, and walking around with ugly welts and sores, any warm feelings you have for landlords who are not quick to respond will undoubtedly go right out the window.

Calling 311 will mean the city sends a housing inspector to inspect your home for bedbugs, the inspector files a report, and this forces your landlord to eliminate the problem within 30 days. (I am not sure what happens if your problem is so severe that it takes more than 30 days to eliminate, but this is what I heard.) Your report will become part of the building violations listed here.

Under Housing Violations Look-Up on the right hand side of this page, type your building number and street name; you may be surprised to find someone else in your building has already reported a bedbug infestation! (You may also find rat or mouse infestations, which can cause bedbug infestations.) Violations are removed when they are fixed.

Finally, there are some links to information on taking legal action.

This is the website from the City-Wide Task Force on Housing Court. It is general (not specific to bedbugs) but does tell you about the process of taking a landlord to court. Most importantly, though most of us won’t go to court, we need to keep good records (log of actions taken such as calls to landlord, pictures of bites, copies of doctor’s records if they inspect bites, copies of allergy medication prescriptions which are related to infestation, photos of bugs, samples of bugs, carcasses, or waste droppings, photos of items wrapped for storage, pictures of destroyed and discarded furniture, receipts for everything from prescriptions to vacuum cleaner bags, storage tubs and bags, new furniture, pesticides, and exterminators).

This is NYC lawyer Steven DeCastro’s housing information page (for tenants) on bedbugs, and this is a desctiption of the Judge’s Decision on Peter Young’s case. Peter Young was a tenant with bedbugs who was given a 6-month 45% rent abatement.

New Jersey

This is the relevant section of LSNJ Law which describes the warrant of habitability laws. Among other things, the warrant of habitability says rental units must be kept pest-free.

Using the housing and health codes

As discussed in the preceding section, rental units must meet city and state housing and health codes. The codes list the requirements that the landlord’s property must meet so that it can be approved as a safe or “standard” building. The codes deal with heat, plumbing, security, roofing, pests, and other serious defects like weak walls.

If you feel that the conditions in your apartment or house are defective, unlivable, or dangerous, tell your landlord. If your landlord fails to make the repairs in a reasonable period of time, call the local building inspector and ask him or her to inspect the property as soon as possible. If you can, be present when the inspector does the inspection so that you can point out all of the problems. Ask for the inspector’s name, and ask him or her to send you a copy of the report.

If the needed repairs present a sanitation problem, such as a sewage leak, call the city or county board of health. Ask for an inspector to check the condition. When the inspector comes, get his or her name.

If the inspector finds code violations, he or she will send a letter to the landlord listing the code violations. This letter will advise the landlord that a reinspection to check whether the repairs have been made will take place on a certain date.

Some housing and health code inspectors do not send the tenant a copy of the inspection reports or inform the tenant of the results of the inspection. As a tenant in the property, you have a right to receive a copy of these reports, and you should make sure to ask that copies of all reports be sent to you.

We are not lawyers and don’t live in New Jersey, but this should give you a starting point. Whether you or the landlord is responsible to pay may also depend on the type of home, the lease terms, etc. There are tenants’ organizations everywhere. The NJ one, New Jersey Tenants’ Organization, may be able to advise you further.

Chicago

From the Metropolitan Tenants Organization, in Chicago. Chicago Bedbugger S. says,

This is the Landlord/Tenant Ordinance. It says specifically, under “What must my landlord do to maintain the condition of my apartment?”, that your landlord must “Protect you against rodents and insects by exterminating.”

This worked for me with my landlord.

Thanks, S!

I was not able to find much information on Chicago, and nothing mentioned bed bugs specifically (as was the case in some places where articles have been written about this issue). Please do your homework and realize that the codes are kind of vague in places.

Also click to load PDF of this document from the Chicago City Clerk’s office (see page 12 which specifically mentions “failure to exterminate insects, rodents, or other pests” as one situation in which tenants have grounds to terminate the lease, but you need to give the landlord written notice with 14 days to remedy the situation, in which case, the lease won’t be terminated. We’re not lawyers, please read it carefully and do your research, consult a lawyer if you’re going to take serious action like this.)

Florida

From this site: Florida Residential Real Estate Law:

General Landlord Duties

Landlords are required to deliver possession of the rental property to the renter when the lease period begins. Failure to do so may entitle the renter to sue for damages. A landlord must ensure that residential property is habitable. This includes complying with all building, housing and health codes. Roofs, windows, screens, doors, floors, steps, porches, walls and other structural elements must be kept in good repair. Certain pests (e.g., rats, mice, roaches, ants, bedbugs) must be exterminated, common areas kept clean, garbage removed, heat made available in the winter, as well as heated, running water throughout the year. Landlords requiring access to a tenant’s residence for repairs must give the tenant reasonable notice, which is defined as at least 12 hours prior to entry. If a landlord fails to keep up with required repairs, a tenant should give the landlord written notice of the noncompliance. If the landlord fails to make the repairs within seven days of receiving notice, the tenant has the right to terminate the lease.

(Editor’s note: I’m not sure how those terms translate when pests are involved.)

Doug Summers writes:

In Florida, the landlord tenant law is FS Chapter 83. Under F.S. 83 pest control is listed under the Obligations of the Landlord.

A Seven Day Notice To Correct is a letter that specifies in detail the problem that needs to be corrected (exterminate the bed bug infestation in this case). F.S. 83 states that the tenant may break the lease without penalty if the landlord fails to address the notice. Constructive eviction is a also a possible defense to break the lease, but the 7 Day Notice to Correct letter is the usual starting point.

A personal injury civil lawsuit is another potential option.

Also check to see if your deposit was placed in an escrowed bank account by the landlord. If the landlord places the deposit funds in their business or personal bank account (or intermingle the funds in a non-escrowed account) they have violated the law and are not permitted to retain any of the deposit regardless of any damage or contract issue that may exist.

Most private landlords in Florida fail to place the deposit funds in an escrow account.

You can download a copy of the law at myflorida.com

Florida law usually favors the rental tenant in a bed bug infestation situation, but needless to say you should consult an attorney about the specifics of your situation if you expect civil litigation with your landlord.

Remember, we are not lawyers, nor do we give legal advice. Consult an attorney. Legal aid or local tenants’ groups may also be of assistance: consult the phone book.

Rhode Island

This is what we know: this article from the Brown student newspaper says,

. . . according to Rhode Island’s “Housing Maintenance and Occupancy Code,” the infestation is the tenant’s responsibility if it is in one dwelling unit, but the owner’s responsibility if it is in more than one dwelling unit.

If you’re in Rhode Island, I would verify this with a tenants’ advice bureau. And if it’s true, I would caution anyone against assuming you are the only infested unit even if your landlord says you are, even if the neighbor says you are. Call a group that gives tenants advice, and find out what they suggest.

Boston

Apparently there’s a division of the Boston Housing Dept. Inspectional Services (ISD) that works as Bed Bug Inspectors. Click the following link to load a PDF of their Bed Bug Advisory Sheet, which says briefly what bed bugs are, and notes that landlords (or “owner’s) are responsible for eradicating the problem. (Apparently they were in such a rush to get it out, they did not proofread. But fighting bed bugs trumps grammar, for this allergic English major.)

Here’s what they do:

To effectively address bed bug infestations in Boston, ISD endeavors to educate inspectors, property managers, exterminators and the general public on the nature of bed bugs, bed bug prevention and the proper extermination of bed bugs. We endeavor to assist owners, tenants, and pest control operators in exterminating for bed bugs by attending extermination visits, assisting with education & preparation and by sharing our knowledge and experience on best practices.

Bed Bug Inspection Orders:

• We require written extermination reports, within 14 days of a notice of violation, and prior to closing a case. Although Bed bug infestations do not get resolved quickly, we endeavor to work with owner’s who have contracted licensed Pest Control Operators, who have treatments programs in place, and who provide written documentation on the treatment programs.
• Our Standard bed bug notice of violation also requires that owners inspect all units in the dwelling, and they must treat all horizontally and vertically adjacent units to the infested unit(s).

Let me repeat: the laws applicable in Boston require landlords to treat all horizontally and vertically adjacent units, and to inspect every unit in the building. Are you listening, New York?

In Boston, they’re actually proactive about bed bugs:

Education & Outreach: Boston ISD has conducted various outreach efforts over the years which:

• Targets areas with a concentration of infestations.
• Educates and offers inspections to those residing in the targeted area.
• Engages & educates the local community leaders and activists.
• Utilizes the media attention to educate and raise awareness of residents in all parts of Boston.

If a landlord is notified by tenants about bed bugs, and does not eliminate them, tenants should call the Housing Inspection Division at (617) 635-5322.

The city has a flyer for students new to Boston, about rental housing, which includes a brief but informative section on bed bugs. It explains the laws, and also gives advice about dismantling or destroying infested furniture before discarding it. It says that anyone leaving rental housing in Boston that is infested with bed bugs should call both their landlord and the city (at the number above). This seems helpful, since the city is identifying infested units and can enforce treatment before further rentals. (What would be really helpful is if the city had to be notified of every infestation along with the landlord, not just when someone leaves an infested unit.)

Tha Allston Brighton Community Development Corporation also has its own factsheets on bed bugs in English, Portuguese, and Spanish (click the previous links and you’ll see these). The fact sheet says that if your Boston landlord does not respond to your request for extermination of bed bugs, you can call the city Housing ISD as above or the Boston Public Health Commission at 617-534-2865; you can even make an anonymous tip about bed bugs to the city via the 24-hour city hotline at 617-961-3297.

The Allston Brighton CDC Bedbug Eradication Program even offers monetary assistance with extermination (the money, by the way, came from state funds and a private corporation):

The Allston Brighton Bedbug Eradication Initiative provides education and assistance to Allston Brighton tenants and property owners who have been affected by bedbug infestations.

Extermination Incentives For Property Owners and Homeowners

Property owners who are treating units in Allston Brighton can receive up to $200 for each unit. Homeowners in Allston Brighton also qualify for this assistance. To qualify, you must provide the following documentation:

• Proof of ownership.
• Address and unit number of each Allston Brighton unit being treated. Only apartments in Allston Brighton are eligible for these funds.
• An Integrated Pest Management Plan (IPM) for every unit. Bedbugs are difficult to treat and the pesticides used are toxic. An IPM is necessary for effective treatment.
• Detailed prevention plan for every unit. Describes how you will prevent another outbreak from happening

To apply for funds (from 9/06 until they run out), please print and fill out the tenant intake form or the property owners/homeowners intake form, attach the necessary documentation, then send the forms to:

Bedbugs Eradication Initiative
Allston Brighton CDC
320 Washington St., 3rd floor.
Brighton, MA 02135

San Francisco

Bedbugger Deb, meanwhile, found a PDF which details the requirements for dealing with bed bugs in San Francisco. I have to admit, I am impressed with the document, which details requirements for both rental apartments / houses and hotels: it includes requirements both for swift treatment of infestations as well as for staff training for hotel employees, apartment building managers and so on. It also details what tenants need to do to prepare for infestations. Other cities could take a lesson from the San Francisco approach. Click here to load the PDF.

Washington D.C.

I took the following information off of a Washington Post real estate advice column. It appears that in D.C., the landlord’s liability depends on whether only one apartment is infested or not. According to Sara Gebhardt’s column in the Washington Post (3/2/2007), in which she responded to a Washington DC tenant whose landlord was refusing to pay for bed bug treatment,

Your landlord has an obligation to manage the infestation if your unit is not the only one infested. Talk to your neighbors and find out if they have bedbugs, too. Chances are they do, as those critters generally launch large-scale attacks on apartment buildings.

According to Section 805 of the District’s housing code, landlords have to do their part to keep out vermin and rodents. Part 805.3 of the law states, “If an infestation of a single habitation is caused by failure of the owner or licensee to maintain a residential building in a rodent-proof or reasonably insect-proof condition, the exterminating shall be done by the owner or licensee.” (By “owner or licensee” the law means what most people would call a landlord.)

Additionally, Section 805.5 holds, “The extermination of vermin and rodents shall be done by the owner or licensee whenever infestation exists in two (2) or more of the habitations in two-family or multiple dwellings.”

She adds later,

Any evidence you can dig up that your neighbors also have bedbugs will help persuade your landlord to deal with the extermination. At the very least, if he does not respond, it will serve as a substantial basis for filing a complaint with the local housing office.

Vancouver

Click here to read Vancouver Coastal Health’s pamphlet on bed bugs: Click here to load a PDF.

Reader Sean (a Canadian Pest Control Operator and entomologist) reports on Vancouver, British Columbia:

In October of this year the city of Vancouver BC has extended the responsibilities of a landlord to include bed bug erradication.

Their are some loopholes, like the client must cooperate with the pest control companies.

In addition, as of February 2007 it will be illegal for landlords to apply any pest related chemicals within a suite other than their own personal living space. If they would like to do so they will need to become a licensed pest control operator.

Thanks, Sean.

Disclaimer: Bedbugger does not offer legal advice. Do the research on where you live (even if you live in NYC), find out your rights, and demand they’re met! Do not assume that the laws are the same everywhere else. Do not assume that since Peter Young’s case was successful, that you should withhold your rent. Contact a lawyer to discuss your legal situation.

Remember also that tenants have responsibilities too, and it’s always possible someone is going to try to use that section of your local code to blame you for an infestation. Talk to a lawyer if this happens, and make sure the lawyer learns how difficult it is to prove fault with bed bugs, even in the face of apparent evidence. (This can work in your favor as well as against.)

Please do leave a comment below containing links to any useful sites about tenants’ rights relating to bedbug infestations for your locality (any city, state, country). I will do my best to make sure this information is included here and saves someone else the trouble of hunting it down.

• Nashua, N.H. laws may change in part based on recent bed bug cases there
• added to the “Tenants and Landlords FAQ”: Washington, D.C. and Florida
• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
• More bad news about Denver’s bed bug-infested Halcyon House

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