so we may have bed bugs, please help

crowhillkitty

crap. i haven't actually seen one but my partner has been getting bites. we have a notorious mega landlord who sends a conventional exterminator who just sprays some toxic and not useful stuff, and has blown off the tenants about this issue in the past. it's a rent stabilized apt. i want to take care of this asap and with less toxic treatment. i am a cancer patient and i want to go as green as possible. i know the landlord is responsible for getting rid of bugs, but i also assume this landlord won't pay for the less toxic but more comprehensive service we want, not to mention all the other costs we will incur for laundry, etc.

anyone know what our rights are as far as getting them to pay for this, and/or reimburse us for the costs? do i have rights to choose less-toxic treatment because of my medical condition? i know we can't legally withhold rent, but can we put it in escrow? do we go straight to landlord-tenant court?

any resources or straight-up legal info would be greatly appreciated.

MOD

Search 'bed bugs' on here, there are some really good threads on solutions and advice.

But you might want to post on Brownstoner too and talk to your landlord.

modsquad2.0

The landmark case is Ludlow Props., LLC v Young in which the tenant was awarded 45% rent abatement for 6 months due to what the court considered a partial constructive eviction. You actually have to stop using part of your apartment to get something like that. Tenant did withhold rent and probably put it into escrow. You have the right to do so if the condition continues beyond the LL's continued efforts to eliminate them.

Given the difficulty of eradicating bedbugs, unless you had scientific proof that conventional ways are actually "toxic" no judge would force or dismiss a landlord's good faith effort using approved methods.

Regarding Landlord/Tenant Court: It would take months for either of you to get a final determination.

modsquad2.0

addendum: irregardless (I know it's not a word, but it sounds better then regardless) if your apartment is stabilized or free market the warranty of habitability is implied for all residential units in the State of NY (Real Property Law § 235-b).

http://law.onecle.com/new-york/real-property/RPP0235-B_235-B.html

stacey

There was a company that would post here and I think they actually help rid a building on St. Johns of bed bugs

Call Green Earth Pest Control @ 718-506-9004

http://www.greenearthpest.com

I never used them I just remember them posting here.

ntfool

I've used them (though it was for ants, not bedbugs). They're great, and they gurantee their work. And no harmful chemicals!

crowhillkitty

thank you for the recommendation for the green company. but how do i get my landlord to pay for them? i will do a search and also check brownstoner. thanks.

ntfool

You're best bet may be to find out on your own how much the building owner/management pays for their usual extermination service, then ask to be reimbursed for that amount, i.e., you'll likely have to cover the difference out of your own pocket.