Landlord Must Pay Tenant $3,900 for Bedbug Infestation Damage

Mitchell-Lama co-op tenant sued landlord cooperative corporation, seeking reimbursement after she hired an exterminator to rid her apartment of bedbugs. Tenant claimed that landlord was responsible for her loss of personal property. Among other things, tenant’s exterminator covered holes in the apartment and sprayed. But the bedbugs kept returning, and tenant claimed that this was due to infestation in other apartments. Relying on a letter it received from HPD, landlord argued that individual tenant shareholders each were responsible for clearing bedbugs from their apartments. The court ruled for tenant and ordered landlord to pay $3,900 for the loss of tenant’s property. Multiple Dwelling Law Section 78(1) made co-op buildings responsible for keeping the building in good repair. Landlord breached its duty of care. It was on notice of the bedbug infestation and took no steps to remedy the condition.

Zayas v. Franklin Plaza: NYLJ, 4/13/09, p. 18, col. 3 (Civ. Ct. NY; Singh, J)