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Don’t Let the Bedbugs Bite . . . . . . . . . 1 We will tell you how to prevent bedbug infestations—and the lawsuits they lead to. Model Letter: Inform Tenants How to Prevent Bedbugs (p. 3).
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Don’t Let the Bedbugs Bite
Over the past five years, New York has seen an enormous spike in bedbug infestations. This increase, particularly in multiunit apartments, has posed several health, legal, and prevention challenges for landlords seeking to address this problem. We will tell you about the health risks posed by bedbugs, and about recent bedbug-related lawsuits that New York City landlords have lost. We will also tell you how to prevent an infestation—and what to do if you discover a bedbug problem in your building. And we will give you a Model Letter that you can adapt and send to tenants in your building (p. 3). Health, Safety Concerns The bedbug problem has sparked much concern among public health and housing officials. The bedbug’s bite produces welts on the victim. The welts itch, and scratching them can lead to infections and more serious skin conditions. More frightening, however, is the psychological distress that frequent bites generate. Bedbugs tend to start feeding an hour before dawn, when many tenants typically
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Avoid Heat, Hot Water Complaints While Controlling Fuel Costs . . . . . . . . 1 We give you three tips for avoiding heat-related violations and lawsuits, while controlling your heating costs.
Landlord v. Tenant . . . . . . . . . . . . . . . . 5
Best Practices Seminar: Meeting Building Maintenance Requirements . . . . . . . . . . . . . . . . . . . . 5
Recent Court Rulings . . . . . . . . . . . . . . 6 ® Grandniece Can’t Stay in RentControlled Apartment Following Aunt’s Death ® Housing Authority Sues Owner After Suspending Section 8 Subsidy ® Tenant Claims Nonpayment Justified Because Owner Overcharged Her ® Owner Allowed to Bring Nonpayment Proceeding After Waiting Until Tenant Owes More than $22,000 ® Tenant Can’t Collect Attorney’s Fees in Overage Case
Avoid Heat, Hot Water Complaints While Controlling Fuel Costs
Heating season is here. From October 1 to May 31, New York City apartment owners must provide heat and hot water to their tenants during specific hours of the day and at certain temperatures. Failing to provide heat to a tenant during the designated heating season can serve as the basis for a constructive eviction lawsuit. The tenant could claim a breach of the warranty of habitability. Provide too much heat, however, and you are just wasting fuel and money. Here are three tips for avoiding heat-related violations and lawsuits, while controlling your heating costs. Tip #1: Comply with City Regulations To avoid penalties from the city and lawsuits filed by angry tenants, be sure to comply with the following requirements:
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Business Management Calendar . . . . . 8
IN FUTURE ISSUES
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Hunting with Your Income Certification Form Overview of New York Energy Efficiency Grants
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BOARD OF ADVISORS
Frank Anelante Jr. Lemle & Wolff, Inc. Bronx, NY Steven J. Antonoff, Esq. Forest Hills, NY Lewis Barbanel Howal Management Cedarhurst, NY Mark Engel Langsam Property Services Corp. Bronx, NY Martin J. Heistein, Esq. Belkin Burden Wenig & Goldman, LLP New York, NY Isaac Heimovitz IMK Management Brooklyn, NY Andrew Hoffman Hoffman Management New York, NY Zachary Kerr M & R Management Co. Brooklyn, NY Alan Kucker, Esq. Kucker & Bruh, LLP New York, NY Editor: Eric Yoo Executive Editor: Emily-Sue Sloane Senior Editor: Wendy B. Starr, Esq. Copy Chief: Lorna Drake Production Manager: Kathryn Homenick Marketing Director: Kevin Mahon Director of Operations: Michael Koplin Editorial Director: Julie DiMauro, Esq. Todd Nahins, Esq. Borah, Goldstein, Altschuler, Schwartz & Nahins, PC New York, NY William J. Neville, Esq. Mitofsky Shapiro Neville & Hazen, LLP New York, NY Fred Rudd Rudd Realty Mgmt. Corp. New York, NY Blaine Z. Schwadel, Esq. Rosenberg & Estis, PC New York, NY Peter Schwartz, Esq. Graubard Miller New York, NY Karen SchwartzSidrane, Esq. Sidrane & Schwartz-Sidrane Hewlett, NY Dori Sedransk, Esq. David Frankel Realty New York, NY Niles Welikson, Esq. Horing Welikson & Rosen, PC Williston Park, NY
Bedbugs (continued from p. 1)
get optimal rest. Worrying about bedbugs can keep tenants awake and anxious, which, over time, can raise serious public health concerns. In addition, scientific researchers in recent years have speculated that bedbugs have the potential to spread serious diseases, including plague, relapsing fever, and Q fever. Avoiding Bedbug Lawsuit Don’t ignore reports of a bedbug infestation or you may encounter legal problems. Getting rid of the bedbugs as soon as you are aware of them is the only way to ensure that you are protected from a bedbug lawsuit. In New York City, the presence of bedbugs is listed as a Class B violation, which gives the landlord 30 days to get rid of the parasites. A landlord’s failure to fix this problem in a timely manner may constitute a breach of the “implied warranty of habitability,” the landlord’s minimum obligation to provide a livable residence. In fact, this obligation corresponds with an older state court decision that said the continued presence of numerous bedbugs may produce an intolerable health and safety condition that rises to the level of a constructive eviction [Streep v. Simpson]. In two recent New York court decisions, the landlords were found to have breached their warranty of habitability because of bedbug infestation. Both judges ruled that bedbugs were not mere annoyances but actually created an intolerable living condition [Jefferson House Assoc., LLC v. Boyle] [Ludlow Props., LLC v. Young]. In one of the cases, the landlord’s good-faith efforts didn’t matter. The judge gave the tenant a rent reduction of 45 percent for the period of time starting when the tenant discovered the bedbugs until they were finally exterminated. Best Practices in Bedbug Prevention, Extermination Here are some important steps to take to prevent or eradicate bedbug infestations: Tell tenants to notify you immediately about bedbug problems. Ask tenants to check for bedbugs and notify you as soon as they observe or suspect their presence (see our Model Letter, p. 3). “Unlike other pest problems that many landlords ignore or delay addressing, a bedbug problem explodes exponentially if it’s not dealt with immediately,” says Jeff Eisenberg, CEO of Pest Away Inc. “Bedbugs can quickly spread from one unit to another, and they are one of the most difficult pests to get rid of,” he says. “Tenants may be reluctant to report bedbugs, because they think an infestation is a sign they have poor hygiene,” Eisenberg says. “Therefore, tell tenants that a bedbug infestation is not a hygiene issue. Bedbugs can come from anywhere— other apartments, and even the tenants’ luggage if they stayed in an infested hotel room on a recent trip,” he adds. Tell tenants how to prevent infestations. Let tenants know that they can prevent infestations through laundering bedding, vacuuming rooms, and brushing mattress seams. Vacuuming can remove eggs and bedbugs in all
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stages of development. The bugs are usually found in corners, mattress seams, behind headboards, and in crevices of upholstered furniture. Spot-steam in infested apartments. Steaming is an effective way to get rid of bedbugs. Bedbugs can survive intervals of sub-freezing weather for at least several weeks, but they die quickly in high temperatures. A temperature of 113 degrees F for one hour can be deadly at all bedbug stages, including the egg stage.
MODEL LETTER
Inform Tenants How to Prevent Bedbugs
Here’s a sample letter you can adapt and use to give tenants guidelines for preventive bedbug measures. The letter covers basic bedbug facts, prac[Insert date] Dear [insert tenant’s name]: You probably have noticed increased news reports or heard personal accounts of bedbugs in New York City. We currently do not have a problem with bedbugs. However, because bedbugs can multiply so rapidly, we ask for your vigilant cooperation to prevent such a problem.
tical prevention tips, and a request to notify management immediately should bedbugs appear.
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PRACTICAL POINTER: Never use
bug bombs or insecticide foggers against bedbugs, warns Eisenberg. This drives them deeper into cracks and other areas of the apartment.
BASIC INFORMATION ABOUT BEDBUGS
I Bedbugs travel from place to place in clothing, backpacks, and luggage. Bedbugs are not attracted to you because of poor hygiene; blood is their source of food. I People you allow to enter your room, especially from other infested rooms or other housing that has bedbugs, can bring these bugs with them. I Bedbugs are active mostly at night and are hard to see. You would become aware of them only by receiving a bite. I Bedbugs burrow into bed joints and corners, bedding, furniture (especially wood), and baseboards. They are killed by heat, so regular washing of bedding and clothes in very hot water is important. What You Can Do I Protect yourself with frequent laundering of bedding, and vacuuming. I Do not bring used mattresses, headboards (especially wood), sofas, etc., into your apartment. I Do not attempt to eradicate bedbugs yourself. Common household bug sprays will only make the problem worse because the bedbugs will burrow deeper into their hiding spots. Immediately notify management of any of the following: I Small, brownish, flat insects, slightly smaller than a ladybug, but without wings. I Bites you may experience, especially during the night, causing itching and welts on hands, arms, or other parts of the body exposed while sleeping. I Small, reddish blood spots on sheets, or seams of mattress or box spring marked by darkened spotting or staining. Thank you in advance for your cooperation. We are committed to providing safe housing, and our combined efforts will ensure a pleasant living situation for all tenants in the building. Please take note of the preventive guidelines in this letter and, most important, if you see bedbugs anywhere or get any bites, notify management immediately. Sincerely, Jane Owner
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Discourage tenants from buying used mattresses and box springs. Tell tenants not to bring in used mattresses or other furniture. If a used and infested mattress has already entered an apartment, use great caution when removing the mattress, says Eisenberg. “Throwing it out without taking precautions, such as wrapping it in a pretreated mattress cover, will cause the bedbugs to spread all over the building,” he says. Seeking Professional Help Completely eliminating bedbugs often requires professional help. While the significant costs associated with expert exterminations may make a “do-it-yourself ” approach financially attractive, resolving a bedbug problem before it escalates might save landlords more time and resources in the long run, considering the potential for expensive lawsuits and complaints.
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Bedbugs (continued from p. 3)
Thoroughly research a pest control company before you hire it. A pest control company may have experience with typical pest problems, says Eisenberg. “But bedbugs are a relatively new problem, so it is important to find a pest control company that actually has hands-on experience dealing with bedbugs.”
When evaluating a pest control company, check on the following:
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Better Business Bureau rating; memberships;
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I Client list. Call clients and verify that the pest control company has experience with bedbugs in multifamily dwellings, such as apartments or hotels. I
Record at government agencies that track complaints against pest control companies or the products they use (for example, the N.Y. Department of Environmental Conservation, which regulates pesticides);
I Jefferson House Assoc., LLC v. Boyle: No. 05010215 2005 N.Y. Misc. LEXIS 316 (N.Y. Just. Ct. Ossining, Westchester Cty. 2/28/05). I Ludlow Props., LLC v. Young: L&T 097059/2003 N.Y. Misc. LEXIS 712 (N.Y. Civ. Ct. 6/10/04). I Streep v. Simpson: Sup. Ct. N.Y. App. T. 2nd Dept. 1913 N.Y. Misc. Lexis 1245 (N.Y. Sup. Ct. 5/1913).
Heat, Hot Water Complaints
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I Hot water is required 24 hours a day at a minimum temperature at the tap of 120 degrees Fahrenheit. I From 6 a.m. to 10 p.m. heat is required whenever the temperature outside is below 55 degrees Fahrenheit. The heat provided in this situation must be at least 68 degrees in temperature. I From 10 p.m. to 6 a.m. heat is required whenever the temperature outside is below 40 degrees. The heat provided in this situation must be at least 55 degrees in temperature. For more information about your responsibilities in providing sufficient heat and hot water, go to: www.nyc.gov/html/hpd/html/pr2006/ pr-10-01-06.shtml.
eligible participants, who can be renters or homeowners, a certain onetime amount each year to help them pay their fuel and utility costs. Telling your tenants about HEAP could help ensure that you get paid for the heat you provide. Post a notice in your building describing HEAP and giving contact information for tenants who think they may qualify: Tenants over 60 years old can call HEAP at (212) 442-1000, and tenants under 60 years old can call (877) 4728411. Tip #3: Have Staff Check for Overheating When you overheat apartments, tenants will open windows in their apartments or in stairwells. This wastes fuel and money. The cost of supplying fuel for heat and hot water for a multiple dwelling can be the biggest expense an owner faces, after real estate taxes. Therefore, have your staff check how well the radiators are working, how hot the apartments are,
and whether windows are being left open for hours at a time while the heat is on. You may want to consider having your staff take a training course in residential housing services or in energy efficiency. Here are some organizations that offer courses and other information:
I The Apartment House Institute at New York Technical College: www.citytech.cuny.edu. I The Real Estate Education Center, which has three locations in New York City: www.reedc.com. I New York City’s Department of Housing Preservation and Development: http://167.153.4.72/ hepclasses/ViewClassList.aspx; (212) 863-8830. Also, consider having a professional come to your building to check on your heating and hot water appliances, pipes, and systems. Such diligence could result in significant fuel savings for you—and improved living conditions for your tenants. I
Tip #2: Tell Tenants About HEAP The Home Energy Assistance Program (HEAP) provides heating payment assistance to seniors and low-income families. HEAP provides
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