What falls under "uninhabitable"?

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boyfriend

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My jurisdiction is: NY

My girlfriend's bedroom became infested by wasps several weeks ago. A wasp nest is in her bedroom wall. Wasps have been getting into the room regularly -- every few hours -- since it began. She informed her landlord, but he has been ineffective in dealing with the problem, insisting on dealing with it himself, and refusing to call an exterminator. She has been unable to live or sleep in her room for nearly a month.

Does her room over this period of time fall under the "uninhabitable" clause of the lease?

Thank you for your help,
--the boyfriend
 
I'd certainly say that a wasp's nest means "uninhabitable." At the same time, uninhabitable means you can't live there. This seems like a "partial eviction" if you keep staying in another room of the apartment and it would mean that you could deduct an appropriate amount. If she hasn't been able to live in the apartment and sleeps elsewhere, I'd say either (a) you send notice that you'll have to pay for the removal and will be deducting the cost from the rent, or (b) move out. The latter is the cleaner option and you should get back any rent deposit. But don't think you can just walk into court and tell a judge you've been staying there for months and sleeping there. Uninhabitable means just what it means.
 
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