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Broker responsibility to disclose recent bed bug infestation?
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chrisg
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Posted 2 years ago
Thu Mar 24 2011 13:14:41
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Hello,
I am moving into a beautiful new apartment tomorrow.
Today I picked up the keys and my landlord told me how the previous tenant had bed bugs but they've treated it 3 times.
I would not have signed the lease had I known this information.
Is it the brokers responsibility to disclose this information as a representative of the landlord?
I don't feel it is my 80 year old landlords responsibility.
Any advice?
Thanks,
Chris
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your host
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Posted 2 years ago
Thu Mar 24 2011 19:11:54
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Are you in New York City?
If so, I don't know about the broker, but your landlord is in violation of a relatively new law if s/he did not produce the DBB-N form prior to your signing the lease. (Read more about this here.) The form notes any bed bug problems in your unit or the building as a whole in the past year.
Again, this applies to NYC so may not be relevant for you.
I know brokers have legal responsibilities of many kinds, so it might depend on whether the landlord disclosed the problem or not. I don't know. I'd ask a lawyer or call Met Council on Housing (again, in NYC). People may have other advice if you are elsewhere.
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chrisg
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Posted 2 years ago
Thu Mar 24 2011 20:26:42
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Yes, in Carroll Gardens.
What a horrible situation, you really need to ask the owner and broker if there have been bed bugs in the building (we did ask about roaches but bed bugs didn't come up).
The broker said she couldn't help me in anyway besides emailing me a letter from the exterminator saying that there were 3 treatments 2 in April and the last in October and a communication from REBNY stating the role of a broker in bed bug situations.
I told the owner that I wanted another bed bug treatment before moving in and the owner agreed.
The other option would have been losing the brokers fee, the first months rent, the security then finding a new place within 1 week pay another fee, first months rent and security and then deal with it in court. Not an affordable option for us.
Basically a lose/lose scenario and not a happy way to start a lease in an owner occupied building.
Thank you for the advice on Met Council on housing I'll look into it as well as precautions against bed bugs...
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cilecto
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Posted 2 years ago
Thu Mar 24 2011 20:34:11
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Just a comment. You have no reason to feel bad for your 80 year old landlord. S/He or whoever represents him/her is taking your money. S/He or whover represents her has legal and moral obligations.
Also, check your location against bedbugregistry.com and see if there are stories from prior tenants. It's not "authoritative" (ie, not every infested apartment is listed and not everything is true), but we've had people on here who learned that their apartments had "histories" and that they'd been lied to...and were able to get out of bad situations.
Also, would you please share what the Real Estate Board's view is on this issue?
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your host
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Posted 2 years ago
Thu Mar 24 2011 23:28:10
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chrisg - 2 hours ago » said
Yes, in Carroll Gardens.
What a horrible situation, you really need to ask the owner and broker if there have been bed bugs in the building (we did ask about roaches but bed bugs didn't come up).No, the point of the new law is that you do not have to ask the owner and broker if there have been bed bugs in the building.
The landlord is (since last year) required to give you a DBB-N form, in writing, before you sign the lease, stating whether there have been bed bugs in your unit or anywhere in the building in the last 12 months.
The other option would have been losing the brokers fee, the first months rent, the security then finding a new place within 1 week pay another fee, first months rent and security and then deal with it in court. Not an affordable option for us.
Honestly, I think you have some negotiating room here, since the landlord was in violation of the disclosure law. And the broker may be implicated in that too if s/he was aware. (Note: I am not a lawyer.)
Simply making them aware of the fact that you know they did not provide the required disclosure form in advance of signing the lease may have some effect on the discussion.
You may have other options besides court. Met Council might know what you could do in such cases -- their hotline volunteers really know their stuff, in my experience, and it's cheaper than hiring a lawyer if you just want to know where you stand.
(I called Met Council once when a landlord tried to slip an illegal rider -- not bed bug related -- onto my lease. And they knew exactly what to do. Apparently, some landlords try to get away with all kinds of things which are not legal, and are just hoping lease signers won't know their rights.)
Now, the apartment may have been cleared of bed bugs, or not.
But you are at least the third person I am aware of who has not been provided this form since the law went into effect, and I think that's BS. They're hoping prospective tenants don't know about the law and they can just get away with it.
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your host
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Posted 2 years ago
Fri Mar 25 2011 0:16:08
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I wanted to double check that the disclosure law applies to all NYC rentals (as some laws do not apply in certain types of rental situations).
The NYC Housing Maintenance Code says,
Effective August 30, 2010, in New York City, pursuant to NYC Housing Maintenance Code Section 27-2018.1 an owner shall furnish to each tenant signing a vacancy lease a notice promulgated by DHCR that sets forth the property's bedbug infestation history for the previous year. DHCR has promulgated a notice - "Notice To Tenant Disclosure Of Bedbug Infestation History" (DBB-N).For vacancy lease tenants in apartments not subject to rent stabilization, this notice (DBB-N) is to be served on the tenant.
For vacancy lease tenants in rent stabilized apartments, DHCR will require that this notice (DBB-N) is attached to the Rent Stabilization Lease Rider, by owners, and served along with the rider and a copy of the vacancy lease on the new tenant.
A tenant who does not receive a completed Bedbug Infestation History may file a "Tenant's Complaint of Owner's Failure to Disclose Bedbug Infestation History" (Form DBB-NO).
Again, I'm not a lawyer, but it seems to apply to both rent-stabilized and non-rent-stabilized leases.
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rAVENSFAN99
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Joined: Nov '10
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Posted 2 years ago
Fri Mar 25 2011 16:53:23
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Please DO NOT move into this apartment. Understand that the previous tenant may have abandoned the place because of the bed bugs. I am in a similar but not exact predicament now. I wish I could go back in time and say, "Yes, I put money and time into finding and renting an apartment in NYC, but walk away anyway."
I doubt you will lose all your money. In fact, I think you'd be entitled to all of it back. Definitely call DHCR.
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rAVENSFAN99
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Posted 2 years ago
Fri Mar 25 2011 16:54:40
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And it doesn't matter if your landlord is 80 or 8. If they're in the real estate game, you have to make them play by the rules.
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your host
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Posted 2 years ago
Fri Mar 25 2011 20:59:10
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I don't think you can actually get far by calling DCHR under the circumstances. They have a DBB-NO form you can fill out if the landlord does not provide the DBB-N disclosure form. Beyond that, they are probably not in a position to do a whole lot. However, Met Council can advise you on next steps and in terms of what courses of action may be open to you.
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paranoidsleeper
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Posted 2 years ago
Fri Mar 25 2011 21:25:23
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Nobugsonme - 24 minutes ago »
I don't think you can actually get far by calling DCHR under the circumstances. They have a DBB-NO form you can fill out if the landlord does not provide the DBB-N disclosure form. Beyond that, they are probably not in a position to do a whole lot. However, Met Council can advise you on next steps and in terms of what courses of action may be open to you.I need someone to help me navigate through the page to get questions answered, I am guessing as to how this thing works, anybody out there?
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your host
Joined: Mar '07
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Posted 2 years ago
Sun Mar 27 2011 0:54:01
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paranoidsleeper - 1 day ago »
I need someone to help me navigate through the page to get questions answered, I am guessing as to how this thing works, anybody out there?Hi paranoidsleeper,
I have seen several messages like this from you, so I hope you will see my response.
To see your previous posts on the forums, click "newbite" under your username on any post you have made. There, you will see a list of all the posts you have made. Click on those links to find the responses.
People are responding to you in other threads like this one, but I am not sure you are seeing their responses.
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