Landlord Not Responsible for Bedbugs

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane & Schwartz Sidrane, LLP, attorneys for the landlord.)

Tenant complained of a reduction in services based on a bedbug infestation. The DRA ruled for tenant, finding inadequate extermination service. Landlord appealed, arguing that monthly extermination service was provided to the apartment to combat the bedbug condition and landlord shouldn't be responsible for tenant's failure to maintain a clean apartment. The DHCR ruled for landlord and revoked the rent reduction. Tenant had complained that there were bedbugs in the kitchen, bathroom hamper, bedroom, beds, and a chair, and behind a living room table. Landlord had exterminated three times within the month before receiving tenant's complaint. The DHCR's inspector found evidence of bedbug infestation in a mattress and dead bedbugs in the bedroom. The DHCR inspector didn't find any proof of bedbug investigation in the walls, floors, cabinets, closets, and apartment entrance. The presence of dead bedbugs by the inspector suggested that landlord's extermination service was effective. It was an error for the DRA to hold landlord responsible for the bedbug problem that existed solely in tenant's personal household property.

91-32/34 195th St. LLC: DHCR Adm. Rev. Docket No. WD110043RO (6/26/08) [2-pg. doc.]