Comments on: Bed bugs and the law in New York City http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/ A bed bug policy advocacy group Thu, 11 Mar 2010 21:38:54 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Michal http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-40009 Michal Thu, 25 Feb 2010 17:20:24 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-40009 Thanks so much for your thoughtful response Renee. I am definitely going to implement your advice. I figured I can't refuse access without being in violation of reasonable access for pest control, but I am going to try appealing either for monitoring or a green alternative. Thanks again, Michal Thanks so much for your thoughtful response Renee. I am definitely going to implement your advice. I figured I can’t refuse access without being in violation of reasonable access for pest control, but I am going to try appealing either for monitoring or a green alternative.

Thanks again,
Michal

]]> By: Renee Corea http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-39993 Renee Corea Thu, 25 Feb 2010 15:45:48 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-39993 You should ask for your apartment to be <em>inspected</em> and discuss with the property management and the pest manager an appropriate plan based on the findings. If there are no signs of bed bugs in your apartment, and no signs of bed bugs in the surrounding units (on all sides), although I am not a professional, my opinion is that perhaps you and the property manager and pest manager can agree to install bed bug detection monitors in your apartment and agree to periodic inspections of your apartment as needed. You can also involve your husband's doctor's opinion about what is and is not appropriate for him. There are many non-chemical ways to manage an infestation, if you actually had one, but costs can escalate depending on what is used. I think you should approach this by showing that you too are concerned about the spread of bed bugs in your building and willing to help stop it and this good faith can bring you all to the table to start talking about a course of action. You should consult a lawyer, especially if you intend to refuse access to your apartment. You should ask for your apartment to be inspected and discuss with the property management and the pest manager an appropriate plan based on the findings. If there are no signs of bed bugs in your apartment, and no signs of bed bugs in the surrounding units (on all sides), although I am not a professional, my opinion is that perhaps you and the property manager and pest manager can agree to install bed bug detection monitors in your apartment and agree to periodic inspections of your apartment as needed. You can also involve your husband’s doctor’s opinion about what is and is not appropriate for him.

There are many non-chemical ways to manage an infestation, if you actually had one, but costs can escalate depending on what is used. I think you should approach this by showing that you too are concerned about the spread of bed bugs in your building and willing to help stop it and this good faith can bring you all to the table to start talking about a course of action.

You should consult a lawyer, especially if you intend to refuse access to your apartment.

]]> By: Michal http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-39855 Michal Thu, 25 Feb 2010 03:29:04 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-39855 Hi--I live in a co-op and bed bugs have been found in a few apartments, but the building has hundreds of apartments, and no bugs were found in apartments adjacent to my own. The building is insisting we spray, but my husband has terrible asthma, as does my neighbor, and she went to the hospital with a severe attack when they sprayed her apartment. Is there anything I can do to prevent the building from spraying, or force management to use a greener method? Hi–I live in a co-op and bed bugs have been found in a few apartments, but the building has hundreds of apartments, and no bugs were found in apartments adjacent to my own. The building is insisting we spray, but my husband has terrible asthma, as does my neighbor, and she went to the hospital with a severe attack when they sprayed her apartment. Is there anything I can do to prevent the building from spraying, or force management to use a greener method?

]]> By: Renee Corea http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-39242 Renee Corea Mon, 22 Feb 2010 21:45:23 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-39242 I'm not sure, JK, it seems to me that now that the condition is resolved it's a matter of negotiation and therefore having a lawyer do it for you might be best -- which would drive up the cost of the whole effort. Maybe you'll end up splitting the cost with the landlord and agreeing to proactive vigilance in a "we're in this together" sort of compromise? Remember that if you withhold any part of the rent you expose yourself to being sued. Therefore, you should get competent legal advice. Sorry I can't be more helpful. I can say that HP Actions are to order landlords to exterminate and so it would have to be something else (i.e., the judge in an HP Action cannot order compensation). You'd need to ask a lawyer about <em>other</em> court options (housing court or otherwise) or for help in negotiating. I’m not sure, JK, it seems to me that now that the condition is resolved it’s a matter of negotiation and therefore having a lawyer do it for you might be best — which would drive up the cost of the whole effort. Maybe you’ll end up splitting the cost with the landlord and agreeing to proactive vigilance in a “we’re in this together” sort of compromise? Remember that if you withhold any part of the rent you expose yourself to being sued. Therefore, you should get competent legal advice. Sorry I can’t be more helpful. I can say that HP Actions are to order landlords to exterminate and so it would have to be something else (i.e., the judge in an HP Action cannot order compensation). You’d need to ask a lawyer about other court options (housing court or otherwise) or for help in negotiating.

]]> By: JK http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-39237 JK Mon, 22 Feb 2010 21:14:26 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-39237 Renee, We detected our bed bug problem early and took the initiative to hire an exterminator to treat our unit in a 3 story/3 unit building. Now we are arguing with the landlord about his reimbursing the cost of the treatment (and preparation materials). Do the same tips above apply when the treatment is already done but we believe we should be fairly compensated? Thanks. Renee,

We detected our bed bug problem early and took the initiative to hire an exterminator to treat our unit in a 3 story/3 unit building. Now we are arguing with the landlord about his reimbursing the cost of the treatment (and preparation materials). Do the same tips above apply when the treatment is already done but we believe we should be fairly compensated?

Thanks.

]]> By: Renee Corea http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-35326 Renee Corea Fri, 05 Feb 2010 16:43:21 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-35326 That's hopeful, Pamela. I'll think good thoughts that it may work. That’s hopeful, Pamela. I’ll think good thoughts that it may work.

]]> By: pamela r http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-35114 pamela r Thu, 04 Feb 2010 23:54:55 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-35114 thank you Renee. As suggested, I googled some of their family members and was able to send an e-mail to their granddaughter. Hopefully we can work together to combat this problem and it won't be necessary to hire an attorney....all your suggestions were helpful. thanks again. thank you Renee. As suggested, I googled some of their family members and was able to send an e-mail to their granddaughter. Hopefully we can work together to combat this problem and it won’t be necessary to hire an attorney….all your suggestions were helpful. thanks again.

]]> By: Renee Corea http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-34907 Renee Corea Thu, 04 Feb 2010 00:25:06 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-34907 Hi Pamela, I'm sorry, this sounds like a very difficult situation. I wish I could say I've heard of people in your situation who have resolved things but, sadly, no. Is educating the neighbors about better solutions a possibility? Can you give them some materials to read with some options? Some people are afraid of chemicals, and of course the expense. It's not easy but there are some things that can be tried, if you haven't already. Is there a family member who visits whom you can talk to? Just throwing out suggestions you may have examined already... I don't really know about the processes to compel neighbors to abate nuisances, assuming this is one (well, obviously it is, to you, but is there a law... etc.) You should consult a lawyer about the available options. Certainly you have to try because the problem will not go away on its own. An interim step might be to consult your<a href="http://www.nyc.gov/html/cau/html/cb/directory.shtml" rel="nofollow"> community board</a> to see if they are in a position to help, or guide you to appropriate resources. Hi Pamela, I’m sorry, this sounds like a very difficult situation. I wish I could say I’ve heard of people in your situation who have resolved things but, sadly, no. Is educating the neighbors about better solutions a possibility? Can you give them some materials to read with some options? Some people are afraid of chemicals, and of course the expense. It’s not easy but there are some things that can be tried, if you haven’t already. Is there a family member who visits whom you can talk to? Just throwing out suggestions you may have examined already…

I don’t really know about the processes to compel neighbors to abate nuisances, assuming this is one (well, obviously it is, to you, but is there a law… etc.) You should consult a lawyer about the available options. Certainly you have to try because the problem will not go away on its own. An interim step might be to consult your community board to see if they are in a position to help, or guide you to appropriate resources.

]]> By: pamela r http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-34854 pamela r Wed, 03 Feb 2010 19:07:55 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-34854 Hi Renee, Thank you for posting this informative website. There was a little information on private dwellings, but not much when compared to renters. My problem is this: I own a row house in brooklyn 2 doors down from my parents house. Sandwiched in between our homes is an ederly couple (in mid-90's). About a year ago, my parents started having bed bug troubles....6 months later, we started having bed bug troubles. Both of us have had monthly extermination to eradicate the bugs...no luck...everyone suspected they were coming from our neighbor. Our exterminator went to their house, rang the bell and confirmed that our neighbor has an infestation - which he was trying to control by spraying vinegar. We have multiple conversations with our neighbor and his reaction is "what can you do?" He is uninterested in hiring an exterminator and we've already spent thousands of dollars trying to deal with these bed bugs....we can't afford to keep up the monthly exterminators indefinitely! Have you heard of any cases where neighbors were forced to hire an exterminator? Do you think our case falls under the HPD laws? Any advice is greatly appreciated! Hi Renee,
Thank you for posting this informative website. There was a little information on private dwellings, but not much when compared to renters. My problem is this: I own a row house in brooklyn 2 doors down from my parents house. Sandwiched in between our homes is an ederly couple (in mid-90’s). About a year ago, my parents started having bed bug troubles….6 months later, we started having bed bug troubles. Both of us have had monthly extermination to eradicate the bugs…no luck…everyone suspected they were coming from our neighbor. Our exterminator went to their house, rang the bell and confirmed that our neighbor has an infestation – which he was trying to control by spraying vinegar. We have multiple conversations with our neighbor and his reaction is “what can you do?” He is uninterested in hiring an exterminator and we’ve already spent thousands of dollars trying to deal with these bed bugs….we can’t afford to keep up the monthly exterminators indefinitely! Have you heard of any cases where neighbors were forced to hire an exterminator? Do you think our case falls under the HPD laws? Any advice is greatly appreciated!

]]> By: Renee Corea http://newyorkvsbedbugs.org/2009/07/13/bed-bugs-and-the-law-in-new-york-city/comment-page-1/#comment-33288 Renee Corea Wed, 27 Jan 2010 03:24:57 +0000 http://newyorkvsbedbugs.org/?p=3028#comment-33288 People negotiate with their building management the precise nature and scope of bed bug treatment all the time, so there's no telling what you and your landlord may eventually agree to. However, if you are asking about what you can claim under the law, you need to consult a lawyer. Calling the Met Council hotline would be a good first step if you don't have one. That said, please note that a week is not what anyone that I know would consider a significant delay. It takes many people that much time just to complete the preparation tasks usually required for treatment. Some pest control companies in NYC are so booked that they cannot make treatment appointments right away. Also, depending on the level of your infestation and the actions you take, you risk spreading bed bugs if you sleep elsewhere without precautions. Try not to move or throw anything out, ask for instructions to prepare, and concentrate on the treatment plan itself is what I would recommend. Bed bugs do not bite every day, so in a low-level infestation there may be a few days in between bites. If there are bed bugs in your apartment now, you are likely being bitten and may not be a reactor. I say this not to freak you out, but just so you can calmly take charge and concentrate on the important things. Finally, if it's conventional treatment we're talking about, it will be important for you to remain in your apartment, sleeping in your bed. Consult the pest control firm and remember that it may take more than one treatment (very often it does). Good luck, though. Sounds like your building is taking things seriously and doing the right thing by inspecting adjacent apartments. People negotiate with their building management the precise nature and scope of bed bug treatment all the time, so there’s no telling what you and your landlord may eventually agree to. However, if you are asking about what you can claim under the law, you need to consult a lawyer. Calling the Met Council hotline would be a good first step if you don’t have one.

That said, please note that a week is not what anyone that I know would consider a significant delay. It takes many people that much time just to complete the preparation tasks usually required for treatment. Some pest control companies in NYC are so booked that they cannot make treatment appointments right away. Also, depending on the level of your infestation and the actions you take, you risk spreading bed bugs if you sleep elsewhere without precautions.

Try not to move or throw anything out, ask for instructions to prepare, and concentrate on the treatment plan itself is what I would recommend. Bed bugs do not bite every day, so in a low-level infestation there may be a few days in between bites. If there are bed bugs in your apartment now, you are likely being bitten and may not be a reactor. I say this not to freak you out, but just so you can calmly take charge and concentrate on the important things.

Finally, if it’s conventional treatment we’re talking about, it will be important for you to remain in your apartment, sleeping in your bed. Consult the pest control firm and remember that it may take more than one treatment (very often it does). Good luck, though. Sounds like your building is taking things seriously and doing the right thing by inspecting adjacent apartments.

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