It is perfectly legal to spritz, recover, and resell used mattresses in New York. They have to be sanitized and labeled properly.

There is no way to “sanitize” used mattresses to reliably remove bed bugs. There is no spray which will kill all the bed bugs and eggs in a used mattress.

Perhaps the only possibility for reliably removing bed bugs would be using heat (over 120 F for 3+ hours) or Vikane gas (which — if done correctly, and it is not always done correctly — should be 100% effective, but would probably raise the cost of refurbished mattresses to the point where no one would buy them).

The recycling of mattresses is shameful and the New York government must put an end to this practice which spreads bed bugs to so many.

And don’t think you’re safe if you never buy a used mattress. If your hotel, school, granddaughter’s day care, child’s friend’s parents, neighbor, building employee, or the person who sat in the movie theater before you bought a used mattress, that’s enough to give you bed bugs.

• inspectors find 600 unsanitized mattresses at Charlotte, N.C. used furniture store
• Bed bugs in Sweden: Ikea, used mattresses, and the spread of vägglus
• New York City is behind in the bed bug wars
• Eastern Nazarene College: students cannot bring in ANY used furniture

ShareThis

But Bill A6667a later died in the NYS Senate in January of this year.

The good news is that the bill has now been amended and approved by the Assembly once again as A6667b. It has been submitted to the New York State Senate again as of 3/19, and is under consideration by their Education Committee. Click here to read the text of the bill and follow its progress through the NYS Assembly to Senate back to the Assembly, and now to the Senate again.

The bill,

Requires city school districts having a population of one million or more to
notify parents and persons in parental relation of any bedbug infestations
found in a school.

And as the bill’s text details, principals would need to notify parents right away and provide information on preventing infestations and on avoiding the spread of bed bugs from school to home (or vice versa):

1 Section 1. The education law is amended by adding a new section 920 to
2 read as follows:
3 S 920. PUBLIC SCHOOLS; INFESTATION OF BEDBUGS (CIMEX LECTULARIUS). 1.
IN A CITY SCHOOL DISTRICT HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, THE PRINCIPAL OF EACH PUBLIC SCHOOL SHALL PROVIDE IMMEDIATE NOTIFICATION TO ALL PARENTS OR PERSONS IN PARENTAL RELATION DISCLOSING A FINDING RELATING TO THE INFESTATION OF BEDBUGS (CIMEX LECTULARIUS) IN SUCH SCHOOL. ALONG WITH THE NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE PRINCIPAL OF SUCH PUBLIC SCHOOL SHALL ALSO INCLUDE INFORMATION REGARDING PROPER PROCEDURES TO PREVENT FURTHER INFESTATIONS AT THE SCHOOL AND TO PREVENT THE TRANSFER OF BEDBUGS FROM THE SCHOOL TO THE RESIDENCES OF STUDENTS. SUCH INFORMATION MAY BE DEVELOPED BY THE BOARD OF EDUCATION IN CONSULTATION WITH OTHER CITY AGENCIES AND SHALL BE AVAILABLE IN VARIOUS LANGUAGES AS DEEMED NECESSARY. THE PRINCIPAL SHALL ENSURE THAT THE BEDBUG INFESTATION AT THE SCHOOL IS PROPERLY ADDRESSED IN THE MOST EFFECTIVE AND SAFE MANNER.

Yes– it’s imperfect: why “one million or more”?
But let’s not focus on that for now.

Instead, let’s consider that this is a big step forward. We need the NY Senate to approve this bill. Parents have a right to know if bed bugs are in their kids’ schools.
Let’s not let this bill die again in the Senate.

These are some education-minded NYS Assembly Members who sponsored AO6667b in the Assembly:

SPONSOR Michael N. Gianaris

Michael Gianaris, (D-Astoria, Queens):

COSPNSR Catherine Nolan, Ellen Young, Richard N. Gottfried

MLTSPNSR Peter J. Abbate, Jr., James F. Brennan, Ann Margaret Carrozza, Luis M. Diaz, Ruben Diaz, Jr., Adriano Espaillat, D. Gordon,
Rory I. Lancman, Margaret M. Markey, Audrey I. Pheffer, Bob Reilly, Darryl C. Towns, Harvey Weisenberg

You might want to write your representative, if they’re listed above, and thank them for sponsoring the bill. If you don’t know who your representatives are, you can search by zip code, by clicking here. Please have a look. It will only take a moment.

Although not involved with sponsoring A6667b, Assembly Member José R. Peralta also cares about the effects bed bugs are having on his constituents. Perhaps you’d like to talk to him too.

But right now, the legislation is under consideration by the Education Committee for the NYS Senate. And we can take action to encourage senators to pass this bill.

This is the NYS Senate Education Committee:

Chairperson:
Stephen M. Saland

Members:
Kenneth P. LaValle, Suzi Oppenheimer, James Seward, Velmanette Montgomery, Carl Marcellino, Toby Ann Stavisky, Charles J. Fuschillo, Eric T. Schneiderman, Thomas Morahan, Martin Dilan, Martin Golden, John Sabini, Elizabeth Little, José Serrano, Joseph Robach, Shirley L. Huntley, and Andrew Lanza

Are any of these senators representing you?

You can find your New York State senators by zip code or by map.

Then send your senators an email. This is an alphabetized email list of senators.

If your senators are on the Education Committee (and so listed right above), then tell them that you feel parents must be notified when bed bugs are found in school.

Tell senators on the Education Committee that the bill matters because as the information on A6667b provided by the Assembly states, “Currently, if a bed bug is discovered in a school, only the family of the affected child is notified. Additional notifications are left up to the discretion of school health officials.” Tell them that requiring principals to notify parents promptly about bed bug infestations at school and requiring them to provide information about preventing the spread of bed bugs will help keep bed bugs out of our schools, and will also prevent other New Yorkers from suffering from the cost and pain of removing them from their homes or workplaces. Minimizing the spread of bed bugs helps everyone in New York State.

If your senators are not on the Education Committee, drop them an email letting them know how affected you were by the bed bug problem, and how much you support Bill A6667b, currently being discussed by the Senate Education Committee.

The bill died the first time it was considered by the NY State Senate. Let’s make sure that does not happen again.

You can send good emails to three politicians in five minutes, using the information above. (In contrast, it took me an hour and a half to write this post and include all the links!) Please contact your state senators, Assembly people. We need to press politicians for change on the bed bug issue.

Also, don’t forget, if you live in New York City, you also need to tell your New York City Council Members that the city need a Bed Bug Task Force, now. Click here to find out how to contact them, for a sample letter, and for more pointers from New York vs. Bed Bugs.

• Gianaris’ Bedbug Legislation Passes
• NYC schools closer to having bed bug legislation
• Excerpt from article re NYC Department of Ed policy
• New bed bug legislation: House Bill 565 from Ohio on bed bug treatment

ShareThis

A couple selling a New York City apartment had bed bugs six months ago. They have not noticed any problem since. So the question is, do they need to disclose that the property they’re selling had bed bugs recently?

Jay Romano answers that the Property Condition Disclosure Act–requiring a seller to fill out a detailed disclosure statement–doesn’t apply to co-op or condo sales.  (Romano consulted Edward I. Sumber, a White Plains lawyer.)

What does apply to apartment owners, however, is common law, which has been established through judicial rulings over the centuries. “Under the doctrine of caveat emptor — let the buyer beware — the seller has no affirmative obligation to reveal circumstances about the apartment to the buyer,” Mr. Sumber said.

But he added that if a prospective buyer asks a specific question about whether the apartment has had bedbugs, the seller has an obligation to answer honestly.

The lesson is if you are buying a NYC condo or co-op, ask if it has or ever had bed bugs.

And, your broker may also be liable:

In addition, if the real estate broker knows about the bedbug problem, he or she has an obligation to reveal it to a prospective buyer. “The broker is under an affirmative duty to be diligent,” Mr. Sumber said. “But the seller is not required to tell the broker, either.”

House buyers are afforded more protection. Sellers of houses have to answer a 48-question disclosure statement and give it to the buyer.

One of the questions asks whether there has been any pest infestation in the house.

But non-scrupulous house sellers need only take a $500 hit to avoid this kind of disclosure:

The penalty for failing to provide the form is a $500 credit to the buyer.

Sellers, apparently, can simply take the loss and skip disclosure. That’s bad news.

All in all, it appears that people can get around disclosing they have had bed bugs in their home (even, apparently, if the infestation is more recent or active) whether it’s an apartment or house. This is very bad news.

Bedbugger hopes that everyone selling a home will be responsible and make sure they are bed bug-free before selling. We also hope apartment and house buyers will have homes professionally inspected, perhaps with the aid of both a PCO and a bed bug dog, before purchase.

You can read Romano’s full article in the New York Times (1/20/08) here. 

• Bedbugs called “a new kind of roach”; building managment lies
• Bed bugs and marketing (again)
• The bed bug droppings hit the fan
• Ask your bed bug questions / share your tales of bed bug woe here

ShareThis