Landlord Can't Collect Bedbug Extermination Surcharge

Rent-stabilized tenant complained of a rent overcharge after landlord collected $542 for bedbug extermination. Landlord claimed that the bedbugs were found solely in tenant's personal items and that no other tenant complained about bedbugs. Landlord argued that tenant was therefore responsible for the extermination cost. The DRA ruled for tenant and ordered landlord to refund the surcharge. Landlord appealed and lost. Tenant claimed that his entire apartment was exterminated, not just his personal items. And tenant produced letters from two other building tenants who complained about bedbugs and received extermination services. Landlord is required to maintain services at the building.The fact that two other tenants complained showed that it was more likely that bedbug infestation was a building problem, not just a problem caused by tenant in tenant's apartment.

BLDG Management Co., Inc.: DHCR Adm. Rev. Docket No. YL410007RO (5/19/11) [2-pg. doc.]