Richard Jebb, the first tenant of this building to sue the landlords, lost his case.

A second person, a former tenant, is suing the landlord of the rooming house at 23-25 Temple St. in Nashua, according to the Nashua Telegraph.

Capricia Osirus, a former tenant of 23-25 Temple St., filed a summons in Hillsborough County Superior Court in Nashua last month alleging that the owners of 23-25 Temple Street Realty LLC failed to correct a bedbug infestation in her unit for more than six months in 2007 and 2008.

She’s claiming she suffered “serious, severe, painful and permanent injuries” (presumably the bed bug bites) and that she will continue to be caused pain and suffering and loss of enjoyment of life in the future.

Osirus, “sustained serious, severe, painful and permanent injuries,” as a result of negligent handling of the bedbug infestation at the building, Sheppard wrote, adding that Osirus had been “caused and will be caused in the future to endure pain and suffering and loss of enjoyment of life.”

Your thoughts?
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The law in Nashua is that landlords must provide emergency contact information to tenants (so they can request help with emergency repairs and the like).

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.Similar Posts:

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The Nashua Telegraph reports that the rooming house at 23-25 Temple St. is still infested with bed bugs, but progress is being made and treatment continues.

In a follow-up inspection of the former YMCA building at 23-25 Temple St. on Thursday, city health and code enforcement officers found improved conditions, a flurry of work to spruce up the building, and only the occasional solitary bedbug scurrying up the side of a wall.

“They’re doing much better. It’s certainly not perfect yet,” said Heidi Peek, the city’s deputy health officer.

“It’s definitely better than what it was,” said Nelson Ortega, a code enforcement officer.

The building’s 117 rooms were inspected in early February, and 16 were found to be infested, including a number which were “badly” infested. The infested units were found throughout the building. Then, in late February, tenant Richard Jebb sued the landlord for interrupting his “quiet enjoyment” of his home by not getting rid of the problem in a timely fashion.

The article goes into some detail on the reactions of various tenants.

It was disturbing to read that Jeff Muscovitz was among the badly bitten, and he had moved into the building at the end of February, when management and press were already fully aware of the situation:

Jeff Muscovitz, 28, moved into the rooming house on Feb. 29. He had been living in Derry, but wanted to be closer to his job as a cook in the St. Joseph Hospital cafeteria.

Bedbugs introduced themselves to Muscovitz during his first night there, he said.

“As soon as I woke up the next morning, I had 12 to 13 bites on both arms,” he said.

To say the least, dealing with the bedbugs has been a hassle, Muscovitz said.

“It has been since the very day I moved in,” he said.

One concern is that he hasn’t been able to see his children, he said.

“I have two kids I see every other week, but I won’t ever bring them here,” Muscovitz said.

Not being able to see one’s own children certainly seems to infringe upon the “quiet enjoyment” of one’s home.

I wonder if Muscovitz moved into a unit that was known to be infested, or if he had moved into one where the previous tenant had no idea about bed bugs, and the inspection turned up nothing?

There was some suggestion that some tenants were not fully cooperating with preparation for treatment, while others were afraid to mention they were suffering from the problem. While landlords can be slow to respond, or may not always do so fully, tenants must also play their part by preparing for treatment, and telling landlords when they see or feel bites, or see bed bugs or other signs. If some tenants are unable to do the prep, for whatever reason, they may need assistance. Solutions need to be worked out in such cases–for the benefit of all tenants, and the management alike.

Hopefully treatment will continue until this problem is completely wiped out.

And I sure hope no one else moves into a bed bug-infested unit in the building until that happens!Similar Posts:

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More on the Nashua rooming-house mentioned in this story.

Richard Jebb of Nashua, New Hampshire, is suing his rooming-house, having had nine treatments in his room and still suffering from bed bugs, according to the Nashua Telegraph.

 On Tuesday, Jebb took his bug problem to Nashua District Court, suing his landlord, Mark Flint, and the owners of the building, 23-25 Temple Street Realty LLC, for interrupting the “quiet enjoyment” of his property by not eradicating the problem in a timely fashion.

The company faces a $1,000 a day penalty for every day of the violation, about $240,000 if it is proven the company was in violation of the law in June.

Sixteen units inspected showed signs of bed bugs earlier this month.

The bugs only come out at night, he said, remarking that tenants in the building talk about seeing the bugs on their television screens late at night, something he said he recently experienced.

It’s not uncommon, especially in SROs, rooming houses, and other low-income housing, that tenants are afraid to (or don’t know how to) demand help with the problem.

Although many tenants in the building are suffering with the problem, Jebb said not all of them are willing to speak up about it.

Thank goodness Jebb was willing to go to bat:

It is partly for the “little guy” that Jebb said he decided to put his rent money in escrow and fight the issue in court.

“If that’s what it takes to get this building under control for all these people.”

Similar Posts:

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I am delighted to report this news item from Patrick Meighan of the Nashua Telegraph in Nashua, New Hampshire. It’s a story about how Nashua city Health Officer Nelson Ortega and Deputy Health Officer Heidi Peek spent 4 and a half hours inspecting all 117 rooms in a rooming house in Nashua, and found 16 of them infested with bed bugs.

The inspection was prompted by tenants’ complaints to the health department. However, Ortega expected to–and found–that many more units were infested than the number of people who complained.

Complaints about bugs at 23-25 Temple St. prompted the inspection, Ortega said.

Given the tenant complaints his office received, Ortega said he expected the infestation to be even more widespread than what inspectors found.

“Sixteen is still a significant number,” Ortega said. “If they don’t hurry up and deal with it, it’s going to keep growing.”

He added, “the minute we left, they should be calling the pest companies.”

The building’s owner, 23-25 Temple Street Realty LLC, is expected to have exterminators come in as soon as possible, Ortega said. They’re required to spray not only the infected rooms, but also the adjacent rooms and the rooms directly above and below, he said.

Because the 16 rooms were scattered throughout, most of the building will have to be treated, Ortega said.

The owners also have 35 days to correct general maintenance violations, which range from the illegal use of extension cords and hotplates to unsanitary toilets and covers missing on wall outlets, Ortega said.

Health officials will do a follow-up inspection after the building owner has had time to spray for pests and correct the violations, he said.

I wish that all health officials were as wise to bed bugs, and as proactive as these.

I also wish every building owner (whether it’s a hotel, apartment building, rooming house, or whatever) would read this. All too often, people try to get away with treating only the units of people who notice and complain about bed bugs. And in such cases, they will often find bed bugs popping up again and again.

I am also glad to see this because it shows a case where people with bed bugs called a health department and got some action. Readers often tell us their landlords are not dealing with bed bugs, and they don’t know what to do. Or if their landlord is helping them, the problem is still hard to treat.

Well, even though your city health officer may not be as clued in about bed bugs as Nelson Ortega is, why not give them a call?

Cities and counties do not realize how many people have bed bugs unless you tell them. So please, consider googling your city or county health department and giving them a buzz.

And a reminder to tenants, landlords, and government officials alike, anywhere: take a hint from Nashua Deputy Health Officer Heidi Peek, who is quoted in the article as saying:

“The reason I really wanted to get in there, I had a hunch there were people who weren’t reporting (bedbugs) – which we found to be true.”

At least 50% of people bitten by bed bugs do not react to the bites, according to Michael Potter.

Many of these will have no idea they have them.

Many more will know they have them but fear being blamed and not report it.

Still others will simply put up with the situation (unbelieveable, yes, but we hear it time and again).

Do not assume people are bed bug-free simply because they say they are.

And certainly do not assume they are bed bug-free simply because they do not call a city information hotline.

Especially if calling a city information hotline is the least intuitive thing for them to do, as in the case of NYC tenants with bed bugs. Do you hear that, New York City HPD? If you want people in NYC to call a number to tell you they have bed bugs. You have to tell them to do it.Similar Posts:

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Where can I read about bed bug lawsuits? Here are some cases discussed online. (Links which are internal to the blog have additional links to news reports and sometimes case information.)

General

Article about bed bug lawsuits in New York City (Sept. 2008)

New Furniture Purchase

Couple claims they were sold bed bug infested furniture by J. C. Penney in Cherry Hill, N.J. and wins $49,000 in jury trial.

Furniture Rental

Customer of Aaron Rents (they rented an infested living room suite) 2007

Summer Camp

Family sues YMCA Camp Storer claiming kid brought bed bugs home from camp 2008

College Students

This Fordham student sued the provider of third-party student housing in the New Yorker Hotel. (09/2007)

Hotel guests

Woman stays in a San Francisco Ramada and gets 400 bites in three days; settles out of court for $71K. October 2008

Winnipeg Howard Johnson’s motel sued by Toronto resident, Steven Lipson April 2008

Milford Plaza, NYC hotel guest sues hotel and hotel’s PCO for negligence, in progress, March 2008 (punitive damages dropped); Bedbugger and New York Law Journal

Ohio Hilton guest, 2007

Guest of Roger Smith Hotel, NYC, 2007

Siloam Springs (bed bugs in motel caused nightmares) 2007

NYC Opera Soprano at the Phoenix Hilton Suites 2006

Mandarin Oriental, London here and here and here. 2006

Barona Resort and Casino (Robert and Gloria Chisley suing for bed bug bites at resort; 2005, still pending as of 2008)

BURL MATHIAS and DESIREE MATHIAS, v. ACCOR ECONOMY LODGING, INC. and MOTEL 6 OPERATING L.P. (2003)

Tenants

Cleveland law student sues Reserve Square landlord after having bed bugs in two units (and gnats in a third) in one building (Nov. 2008).

Capricia Osirus of 23-25 Temple St. in Nashua, NH. (Aug. 2008)

Richard Jebb of 23-25 Temple St. in Nashua, NH. (Feb. 2008) Case lost, tenant counter-sued for back rent.

Presidential Towers in Chicago here and here and here. 2007

Maya Rudolph’s case: press is here. 2007

Six tenants vs. AIMCO 2007

Brooklyn tenant sues 2007

Peter H. Young (Ludlow Street, NYC)

See also:

Landlords talking about bed bugs and How to Avoid a Bed Bug Lawsuit (for lawyers)

Hotel lawyers talking about bed bugs here and here and here.

Your rights as a tenant and how to organize.

This won’t ever be comprehensive, but there are obvious gaps, so feel free to post comments below with additional links I might add.

Can you help me find a lawyer?

No, sorry. We are not a legal service, we’re not lawyers, and we haven’t sued.Similar Posts:

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