45% Rent Abatement Awarded for Bedbug Infestation

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant owed $6,550. Tenant claimed breach of the warranty of habitability based on bedbug infestation. In June 2003, tenant noticed hundreds of bite marks on his body. Later that month, he saw a posted notice from landlord announcing an August extermination service for bedbugs. Tenant claimed that during the next six months, the condition continued. He was forced to sleep on a metal cot, dispose of clothing, a couch, and other furnishings. He also had to decontaminate himself before visiting his family's home at Christmas. Court: Tenant wins. The court granted tenant a $3,600 rent abatement, equal to 45 percent of tenant's rent for a six-month period. Despite landlord's efforts of providing repeated exterminator visits, the bedbugs remained and created an intolerable condition. The infestation affected tenant's health, safety, welfare, and use of the apartment.

Ludlow Properties LLC v. Young: NYLJ, 6/21/04, p. 18, col. 1 (Civ. Ct. NY; Bedford, J)