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Is my landlord liable? brooklyn
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nomore123
newbite
Joined: Sep '09
Posts: 1
Posted 2 months ago
Sun Sep 13 2009 22:56:48
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Hi,
My boyfriend and I moved into our apartment last April. About one month after we found out through a mutual friend of the old tenants that they had bed bug right before they moved out. (approx. February.) Around the end of June, I started to get bit, checked and washed all of our bed linens and vacuumed everything, and found no signs. My friend had recently taken in a stray and I figured through us / her our cat had gotten fleas. After getting her a flea collar I stopped seeing bites. Two weeks ago, I came home from work and there were bags and a couch on our curb with a sign stating that the items were "infested with insects." At that point, I knew we were in trouble. At the beginning of this week I started to get bites again, and found a dead bed bug in a cup of water on the side of my bed. Our landlord immediately sent out a PCO that came the next day (our third treatment is tomorrow), but when she stopped by on Saturday refused to talk to us and only talked to the PCO in the hall. Through hearing her though, we found out that the building had been infested before, and the tenants whose bags I saw on the curb were just below us. We live in a six apartment complex. The PCO insisted that the entire building should be sprayed, but she refused. We saw our first live bed bug last night, and our PCO told us to get rid of our couch. I anonymously tried to call 311 to see if they could tell me my rights regarding the landlords liability, but as per usual were unsure. My question is, before we moved in was the broker and / or the landlord liable to tell us that the previous tenants had bed bugs only a month or so before?
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cilecto
senior member
Joined: Aug '08
Posts: 519
Posted 2 months ago
Mon Sep 14 2009 5:25:06
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Welcome. AFAIK, in NYC, LL is responsible to hire a PCO (though he is not obligated to succeed in treatment). You have an interesting situation, as there seems to be a cover-up going on. Also, I'd love to hear what a lawyer would have to say about who's liable when the LL's representative obligates YOU (by throwing out your couch) to lose money. Google "Metropolitan Council on Housing". Hang in here, you're likely to get lots more good support.
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possiblebugs
newbite
Joined: Sep '09
Posts: 8
Posted 2 months ago
Mon Sep 14 2009 9:46:29
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cilecto - 4 hours ago »
AFAIK, in NYC, LL is responsible to hire a PCO (though he is not obligated to.The LL is absolutely responsible to succeed in treatment. http://www.metcouncil.net/factsheets/bedbugs.htm "The landlord has an obligation to eradicate the infestation and to keep the units from getting reinfested."
I'm pretty sure I've read that the LL does have to disclose any infestations to new tenants, but I'm not sure if they have to present that info or if it's only when asked about it...don't have time at the moment to look it up. Try checking through the NYC housing board website
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your host
Joined: Mar '07
Posts: 5,547
Posted 2 months ago
Mon Sep 14 2009 12:19:02
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possiblebugs,
I don't think landlords have to disclose infestations (home sellers do if asked).
If this is so, I would love to see more on that! Thanks.
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possiblebugs
newbite
Joined: Sep '09
Posts: 8
Posted 2 months ago
Mon Sep 14 2009 15:00:12
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I can't find the link! It's quite possible I was reading about regulations in another state or something. But I'm pretty sure I read somewhere that if you ask a potential landlord about any bed bug problems they are supposed to tell you the truth.
Anyway, in the future I don't think I'll rent from anyone if they won't give me something signed in writing that there isn't a problem. I like to cover myself, the thought of being lied to and moving into a possible infestation and being out lots of money and furniture is terrifying.
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