Tenants Get 12% Rent Abatement for Bedbugs

March 31, 2009

LVT Number: #21128

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of warranty of habitability. They said that their apartment had been infested with bedbugs for three years. The court ruled for tenants in part. Tenants had complained to HPD, but HPD made no finding of bedbugs and placed no violations on the building. Landlord made an exterminator available. Tenants claimed that he was ineffective but didn't hire their own exterminator. The court found tenants' claim about the extent of the bedbug problem not credible. Still, there was some proof of a bedbug problem.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of warranty of habitability. They said that their apartment had been infested with bedbugs for three years. The court ruled for tenants in part. Tenants had complained to HPD, but HPD made no finding of bedbugs and placed no violations on the building. Landlord made an exterminator available. Tenants claimed that he was ineffective but didn't hire their own exterminator. The court found tenants' claim about the extent of the bedbug problem not credible. Still, there was some proof of a bedbug problem. The court gave tenants a 12 percent rent abatement, totaling $2,941, for the period from September 2005 through December 2006. This amount was deducted from the $5,665 still owed to landlord at the end of the trial.

Bender v. Green: NYLJ, 3/25/09, p. 27, col. 1 (Civ. Ct. NY; Kraus, J)

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