Real Estate Q & A: When Bedbugs Bite Q. For nearly a year, my family has been enduring a bedbug infestation that began in a neighbor’s apartment and spread to several other apartments in our co-op building. We’ve been getting ineffective treatment from the building’s incompetent exterminator, as our two young children continue to get bitten. We would like to consider thermal remediation as an alternative, but that would cost us $5,000. We plan to share this information with all the shareholders in the building to make people aware that apartment dwellers must face this problem collectively. We are currently fighting our co-op board over the question of who is accountable and legally responsible for extermination treatment. The co-op board is trying to blame us, but we think it is responsible for the cost, and believe the neighbor who originally had the bedbug infestation was negligent. Please tell us we are not obligated to pay thousands of dollars in legal fees to redress an issue we did not cause or exacerbate. As far as treatment goes, who is responsible for paying for that? Can we go after either the board or our neighbors to at least pay for damages? The social, financial and psychological damage has taken a toll on our family. ~ Park Slope, Brooklyn A. A bedbug infestation can be an overwhelming and isolating experience, as I’m sure you know. It is understandable that you would want to hold someone responsible for your suffering, especially if it involves your children. But before you count your losses, eradicate the bugs. “Your first concern should be to get rid of the bedbugs,” said Elliott Meisel, a real estate lawyer. “You can go after anybody you want, but you are in a better position to go after people after the problem is solved.” The co-op is responsible for treating the affected units in the building, just as it would be if a water leak from one apartment damaged several others in the building. Whether they can charge individual shareholders for some of the cost depends on the circumstances of the case, Mr. Meisel said. It’s possible that you have a claim against the co-op or your neighbor. But you don’t know the extent of your damages yet because the crisis is ongoing. First, the board needs to get a handle on the ongoing infestation, as it could eventually spread even to board members’ apartments, a possibility that should spur them to be proactive. In fact, the problem might already be more widespread than any of you realize — bugs could be in the laundry room or other common areas, for example. “It is very possible that there is more than one site in the building, but people only know of this problem,” said Louis N. Sorkin, an entomologist at the American Museum of Natural History. “So many people are so bogged down trying to blame someone for the bedbug infestation that they lose sight of the main issue of getting rid of the bedbugs.” The board could use dogs trained to detect bedbugs to help locate undiscovered nests, said Gil Bloom, the president of Standard Pest Management. Thermal remediation, as you suggested, is often effective. But it should be applied to all affected areas, not just your unit. If bugs are lurking elsewhere, that $5,000 is just more money wasted. Mr. Bloom put it another way: “If you have a leak coming through your ceiling and you put up an umbrella, you won’t get wet, but it’s still coming in.” Enlist other affected neighbors to sign a letter to building management urging them to solve the problem. Tell them that they must take the lead and employ an exterminator experienced in handling infestations in multifamily buildings. If management doesn’t respond adequately, file a claim in housing court to compel them to employ more effective methods. Raising the issue at a shareholder meeting might shame the board into responding and help you gather allies whose homes might also be at risk. But be aware that the approach could also backfire: No one likes the bearer of bad news. (NYT, March 14, 2014)
Posted on: Wed, 19 Mar 2014 10:02:54 +0000