Landlord's Ineffective Bedbug Treatment Didn't Violate Tenants' Constitutional Rights

Building tenants complained about bedbugs in 2008. By 2013, the building had a severe infestation. Landlord hired an exterminator to treat individual apartments. Tenants complained that the chemical treatment method spread the problem because bedbugs became pesticide resistant. Tenants then sued landlord and sought standing as a class action. Tenants claimed a violation of due process rights. The court ruled against tenants. They didn't show that landlord knew that apartment treatments made the bedbug infestation worse. They also didn't claim that it was commonly known that the treatment used would spread the infestation. At best, tenants' complaint claimed negligent conduct that didn't rise to the level of deliberate indifference, and didn't violate constitutional rights.

Barber v. Rome Housing Authority: Index No. 6:16-cv-1529, NYLJ, 4/5/18, p. 21, col. 1 (NDNY; 3/30/18; D'Agostino, DJ)