As noted on our FAQ about who pays for treatment, the New Jersey Warranty of Habitability says landlords have to keep rental apartments pest-free.

However, things can be a bit more complicated than that.

Although the law says NJ landlords have to pay to eliminate bed bugs from rental units, they don’t say landlords can’t then turn around and charge tenants to cover the costs.

This Journal article details an example of this in action: seniors living in low-income housing, the 240-unit Grandview Terrace in Jersey City, are suffering badly from bed bugs, and have been for three years. Fifty units are now known to have them:

The state holds landlords responsible for extermination in “multi-unit” buildings of three or more apartments - if the bugs are found in two or more units or in common areas. But the state doesn’t take a stance as to whether landlord can then turn around and charge the tenants, said Jennifer Monaghan of the state Department of Community Affairs.

One-and two-family buildings are regulated by a different set of laws that can be superseded by municipal law, but in general the rules are the same: the owner is responsible, but has the right to include a provision in the lease charging the costs back to the tenants.

But despite the law most Jersey City landlords are shouldering the costs, said Charles Odei, director for Jersey City’s Division of Tenant Landlord Relations. “With all the other cases (but Grandview Terrace) we’ve been successful in getting the landlord to pay so far,” he said.

The 284-unit Grandview Terrace has had nearly 50 cases of bedbugs in the past three years, said Steve Lesko, president of Norman Ostrow Inc., which manages the building. He said the building’s tenant board voted in 2006 to charge tenants individually.

“Why should people who don’t have a problem pay for people who do?” he said, adding that the policy tends to prevent false alarms.

That kind of policy, decided by a tenant board or not, just shows an ignorance of bed bugs and how they work. They probably made this decision ignorant of the fact that a large percentage of people do not react to bed bug bites, and so have to have a pretty serious infestation before they notice it. They must also have been ignorant about just how easily bed bugs travel within a building.

And clearly, Grandview Terrace’s management is ignorant about how bed bugs travel:

Lesko said most infestations at Grandview come from tenants bringing the bugs into the building through used furniture or their clothes, not from the bugs moving from one apartment to another.

But tenants disagree, saying they’ve seen the bugs in common areas, and that the critters can easily jump from one tenant to another in elevators.

And charging tenants individually has the down side that many won’t report the problem, causing the infestation to continue to spread.

“Everyone that lives in Grandview Terrace is on a fixed income,” said Robert High, who has tried to deal with the bugs on his own. “We can’t afford it.”

Bed bugs don’t jump, but they do walk, and run.

I am not sure how the building management determined that those 50 cases were mostly caused by bed bugs being brought in from outside.

(Perhaps Lesko has little tracking devices planted on them?)

But I do know this: forcing elderly people on limited incomes to pay for their own bed bug treatment is a good way to ensure the entire building is eventually infested. And that’s not good for owners or tenants.

New Jersey needs to update its housing laws. If tenants are going to be forced to pay for bed bug treatment, then there must be a provision of financial assistance to help them do so. And of course, if landlords are suffering hardship, the government can certainly pass laws to help them pay for treatment too. But skipping or skimping on bed bug treatment is not a good idea.

People need to be encouraged to report bed bug problems, and they need immediate treatment, regardless of ability to pay. It’s in everyone’s best interest that everyone gets good, swift treatment for bed bugs.

Update:

This article, also from the Journal, reports on how seniors in a Bayonne Housing Authority building, Back Bay Gardens, at 535 Avenue A, are suffering with bed bugs, despite treatment.

One tenant there had 10-12 PCO treatments, and has now been free of bed bug bites for three weeks (much too soon to declare victory).

The problem there seems to be that tenants are only treated if they complain about bed bugs — there do not seem to be any routine inspections going on. And when they are treated, the article implies there is a one-month gap between treatments and follow-ups only occur if tenants ask for them:

[John Mahon of the Bayonne Housing Authority] said the Housing Authority provides an extermination service once a month and sends the exterminator when a tenant calls with a problem.

A tenant who had treatment several weeks ago reports continuing to see bed bugs. Why aren’t all the units in this building being inspected, and why aren’t treatments recurring at approximately 2-week intervals, which most PCOs who know bed bugs seem to recommend? Almost no one gets rid of bed bugs after one treatment, since traditional treatments do not kill bed bug eggs, which hatch in approximately 10 days.

This article is disturbing, and a good reminder that simply providing bed bug treatment to residents is not enough; buildings and housing authorities need good bed bug treatment protocols; they need to provide aggressive treatment with follow-ups, and to inspect units adjoining those with infestations even when tenants have not yet detected a bed bug problem.

More on bed bugs in Grandview Terrace, and on the spread of bed bugs in Hoboken, Atlantic City, and the rest of the Garden State here.

• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
• landlords talking about bed bugs
• Bedbugs called “a new kind of roach”; building managment lies
• landlord’s duty to tell prospective tenants about bed bugs?

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Denver’s Environmental Health Department says they have had complaints about bugs there for more than two years.

The property is owned by Shockor Management and is telling tenants they will spray once again this week. But the bugs don’t seem to be going away.

That has prompted many to move out, leaving many of their couches and bedding in the garbage.

Former tenant Jackie Howe moved in two months ago not knowing there was an ongoing bed bug problem. She’s now had to flee.

Renting units in bed bug infested buildings without notifying prospective tenants should be illegal.

The City says they know about the history of complaints and says that every time the owners are citied (sic), they comply and spray as they will again this week.

What is unanswered is why the spraying isn’t killing the bed bugs.

It isn’t clear what kind of bed bug treatment follows these citations, however, if treatments are not aggressive enough (approximately every two weeks, in every unit with bed bugs, until every last bed bug is gone) it would begin to explain why bed bug problems persist.

Tenants discarding possessions as they flee the building, some of which are surely being reclaimed by other tenants, are probably another contributing factor.

While pesticide resistance may be a factor, these other two considerations are even more obvious problems, and should not be discounted.

I hope Denver’s Environmental Health Department will work on more comprehensive solutions to fighting bed bugs in Denver (which we know are not just a problem in this one building). They should consider what actions are required by landlords and tenants once infestations are detected, ways of collecting bed bug-infested refuse to keep it from infesting other homes, and a public education campaign to help educate all of Denver on how to recognize, avoid, and fight bed bugs (once detected).

The same types of considerations should be undertaken by cities and counties and other authorities elsewhere.

Ordering landlords to treat once bed bugs are detected is too vague and simply not enough to get rid of bed bugs permanently.

• Toronto tenants camping outside to avoid bed bugs: update
• Bowling Green Towers: residents organize to demand proper bed bug treatment in low-income building
• Denver’s elderly, disabled, fight bed bug Shaq attack
• New Jersey’s laws designed to spread bed bugs in rental housing

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Teresa Bayliss, who has lived in her third-floor apartment for nine years, said the residents have been battling with the insects for more than a year. “Basically, this apartment building, since last May, has had problems with bedbugs,” she said. “I would say since like Easter, things are getting worse.”

That’s far too long to suffer with bed bugs.

One resident took a dangerous and extreme measure:

The problem at the apartment building was so bad that a resident recently decided to take matters into his own hands. Following the advice of a friend, he burned charcoal in his third-floor apartment. But because of the fumes, the building had to be evacuated.

“We were upset, but if you saw the bites on that man, who could blame him?” said Bayliss.

The man got bad advice and did something very unsafe. Looking back, what would have been a safe and rational reaction, instead, is if someone from the building had notified city officials.

According to the article, Warren Blunt, director of environmental health for the city’s Health Department, said,

The department was not aware of the bedbug problem at Ellsworth before last week’s incident, he said.

When the agency does receive complaints, Blunt said, an inspector goes out to confirm that there are bedbugs in the building. “The owner is basically responsible for the establishment. The owner is responsible for hiring an exterminator,” Blunt said. “We allow them up to two weeks. But in this case, we would make a recommendation that they begin immediately,” he said. Criminal penalties may be pursued if a landlord does not act to remedy the problem, Blunt said.

So one lesson here is that residents of Bridgeport with bed bugs should call the Health Department to notify them of the problem, so they can inspect and order treatment. It’s unlikely that residents were aware of this recourse, or someone probably would have called. I hope the Health Department will attempt to advertise this more widely.

Some treatments have already occurred. So far,

Bayliss said the treatments do not appear to be helping. “They had Orkin [pest control company] coming in spurts. I’ve had Orkin come to my apartment once. Other people aren’t getting treated at all,” she said.

But the article says the management is currently ripping out everyone’s carpet and the building supervisor seems to be saying the whole building will have to be treated at least twice. (I would not be surprised if it took more than two treatments spaced no more than two weeks apart.) I hope this treatment is aggressive and thorough and comes swiftly for the tenants, who have suffered for such a long time.

Officials quoted in the article remind us that tenants have to cooperate with preparation and treatment:

The problem is more challenging when tenants are not able, or refuse, to keep their apartments clean and orderly. Bedbugs can travel on people’s clothing or find their way into the apartment next door.

“There are agencies that will offer to come out, that will do the cleaning,” said Blunt. But if people don’t cooperate with the pest eradication efforts, “that’s what makes this compounded, makes this complex.”

As odd as it may sound, we often hear of badly infested buildings where one or more tenants simply don’t want to be inspected. In cases such as this, where the whole building is being inspected, it would not be surprising if the same tenants were not cooperative with preparations or treatment.

This hurts everyone else — both fellow tenants and management.

Those with physical or financial limitations absolutely need help and support in preparing for and undergoing bed bug treatment. But refusing or being non-cooperative is a serious problem: keeping your bed bugs is not an option.

• Still more from Nashua, New Hampshire: fewer bed bugs at 23-25 Temple St.
• More from Edmonton bed bug evictions case
• Vikane Fumigation Successful in New Jersey
• Bed bug notice: East Village, NYC, January 2008

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Alderman-at-large Ben Clemons wants to amend this law so that landlords also have to give tenants code enforcement department contact information. That way, if landlords don’t respond to a need for repairs (or pest abatement), they know who to call.

The Nashua Telegraph reports in this article,

Currently, under the city housing code ordinance, chapter 182, section 31, property owners are required to post the address and phone number for an emergency contact in a common area of an apartment building or give a copy of the information to each tenant and file a copy with the city code enforcement department.

Where I live, in New York, rental buildings post the phone number of the landlord or super in the lobby.

But here, as in Nashua, there’s no information posted there or given to tenants on what to do if the landlord does not respond promptly.

Back to Nashua:

Under Clemons’ proposal, that procedure would remain the same, but the emergency contact information would also include the code department’s contact information and directions on how to proceed with difficult housing situations.

The directions would inform tenants that they must give their landlords written notice of any nonemergency housing issues and allow landlords two weeks to address the issues prior to the department’s involvement. Also, the postings or handouts would define the difference between emergency housing code violations and nonemergency housing code violations, outlining the landlord’s required response to both.

Under state and city ordinances, landlords must correct emergency housing code issues – those that pose an immediate and serious threat to the health and safety of occupants – as promptly as possible.

For nonemergency housing code issues, state law requires landlords to fix the problem within 14 days of receiving written notice from the tenant or face penalties of $1,000 a day for each day of a verified violation.

And while the 14-day written notice is the procedure city code department officials already require of tenants before taking action in such nonemergency situations, that fact is not spelled out in the current ordinance.

This is partly in response to some cases last year in Nashua.

In 2008, a bedbug infestation at a Temple Street rooming house had several tenants calling the code enforcement department with complaints that the landlord was refusing to properly treat the problem.

At least one of the tenants, Dale Evans, said he worked with his landlord for some time before he ever contacted code enforcement officials, only to find out that he still had to send a letter and give his landlord another 14 days.

As the article points out, if this change is made, it will simply mean information is made more accesssible to tenants whose landlords are unresponsive.

• More bed bugs in Nashua, NH: rooming-house tenant goes to court
• Nashua, NH Health Officers on prowl for bed bugs
• added to the “Tenants and Landlords FAQ”: Washington, D.C. and Florida
• Still more from Nashua, New Hampshire: fewer bed bugs at 23-25 Temple St.

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A few of the roughly 200 residents in Bowling Green Towers at 1149 College St. have had restless nights due to a pesky problem. Several apartment-dwellers have reported an infestation of bedbugs - but health officials say trouble is being squashed before it spreads.

Barry Turner of the Barren River District Health Department said his office has gotten a few recent calls from Towers residents, so he called property manager Jennifer Mitchell, who gave him the impression that it wasn’t widespread. She told him managers were dealing with it and had contacted an exterminator, Turner said.

“We haven’t dispatched anybody over there, and probably don’t plan to,” he said.

(Well, as long as they said they were dealing with it.)

This is another situation of bed bugs spreading in housing for the elderly and disabled. Remember Halcyon House in Denver? The Hillrise Apartment Building in Cincinnati? Warren Towers in Moline, Illinois? The Phyllis Wheatley YWCA in Washington, DC?

Like Halcyon House, Bowling Green Towers is privately-owned and subsidized by HUD:

The towers are privately owned by Germantown, Tenn.-based TESCO Properties, but rents for the elderly and disabled residents are subsidized by the U.S. Department of Housing and Urban Development. HUD exercises some oversight through that financial relationship.

Since the property manager has told the health department that the problem is not widespread, we might ask how this was determined.

A spokesperson for HUD’s Louisville office said the agency contacted the Towers’ management Friday after learning of the problem from media inquiries. Building managers said the infestation was limited to four units, the HUD spokesperson said. HUD was told that an exterminator had been called and that employees were inspecting all the apartments one at a time, looking for any more problems.

It is not clear to me whether this means that employees of the Towers, or employees of the exterminator hired by the Towers, were doing these inspections, but it does sound like the former. If this is true, it is worrisome. We’re told by pest control operators how difficult visual inspections of properties for bed bugs can be, even for experienced PCOs. Employees of the building are very unlikely to be trained to spot all but the most advanced infestations.

A bit of sleuthing would not go amiss. Are the infested units physically connected (next door, above one another)? If the four infested units are all attached, then perhaps they and other adjacent units could be treated, and that may be it.

If the four units are not attached, then further investigation is worthwhile. I would then investigate whether there were any connections between these that can be traced. Are the residents with infestations friends who visit one another? Does a particular staff member assist those residents? Do they go for weekly outings using a particular car service?

That may all seem like an exhausting process. What I would not do, however, is assume that four non-attached units just happened to become infested with bed bugs simultaneously (if this appears to be the case). Bed bugs spread, and it is likely such cases would be related.

In any case, it is likely others have bed bugs too, but do not notice. (If they do not react to bed bug bites, they can have bed bugs and not know it.) It would be worth trying to trace a trail of some kind between the infested units, and trying to figure out what other units may have been exposed.

Detecting bed bugs can be really tricky for anyone, and elderly and disabled people can be at a disadvantage in many cases, due to sight and mobility limitations. They need all the help they can get to avoid having to suffer from this problem.

Let’s hope the Bowling Green Towers and the Barren River District Health Department take this seriously–clearing it up quickly and avoiding further infestations.

• Bowling Green Towers: residents organize to demand proper bed bug treatment in low-income building
• Surrey, B.C. public housing infested with bed bugs
• Bed bugs invade Chicago’s Presidential Towers, and another Vancouver Island detox
• Bed bugs usually plague a city for a few weeks before being eradicated. Really, Waterbury Health Department?

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