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Warranty of Habitability apply to bed bug infestation in coop building

Discussion in 'Condo & Co-op Issues' started by emkharts, May 24, 2017.

  1. emkharts

    emkharts Law Topic Starter New Member

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    Jurisdiction:
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    I own a coop apartment in Westchester County, NY and recently there has been a bed bug infestation in my building. My apartment was searched a month ago when it was reported that other units in my line and the line next door had bed bugs. I was told that the apartment directly above mine was infested and it has now been treated 3 times by exterminator (after the unit owner initially refused). Now a month later after 3rd treatment above a single bed bug was found in interceptor that I had placed under the feet of my bed in caution and I have been told that I need to schedule an exterminator treatment and pay for it myself. Why is the cost my responsibility? I assume it will also cost me alot of money to discard of and replace clothing and other items that cannot be cleaned. Does the warranty of habitability appy to coop apartments whereas the management/board should cover the cost for units that were affected by another unit allowing the bugs to fester and spread to others? Also, this same unit has caused multiple water leaks to my bathroom to which the management office replied that it was not their responsibility to make the unit above perform repairs to stop the leak and that it was my responsibility to work it out with the shareholder above. They did however replace the drywall in my bathroom prior to writing the letter. There is additional water damage in the same spot and it is clearly not from inside my unit so if they cannot make they shareholder above take responsibility isn't the coop responsible for the ongoing repairs since it is coming from outside of my walls? Sorry for the very long post. Many thanks to any responses. I am fed up with the managing agent of this coop as they refuse to address any issue that arises between shareholders.
     
  2. army judge

    army judge Super Moderator

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    You need to get the bed bug issue treated immediately.

    Forget the legal stuff, until you've addressed the infestation properly.

    Once that has been attended to properly, IRE yourself a lawyer to pursue this, if you still care.

    Sadly there are some parts of the country MORE prone to these kinds of infestatipons for reasons I dare not reveal on a public forum.

    I'm sure you can read between my words.

    Hint, warranty of merchantability is NOT the legal theory upon which you would base your case, mate.

    Any licensed real estate, or general practice attorney could assist you with a deeper explanation.

    Most lawyers won't charge you for the first visit, so talk to a couple, if you want more detail.
     

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