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Univ. of Kentucky College of Law

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Tuesday, October 17, 2006

Everything You Need to Know About Bedbugs (Including Their Implications for Landlord-Tenant Law)

The New York Times' article "Everything You Need to Know About Bedbugs but Were Afraid to Ask" has a nice discussion of the implications of the re-emergence of bedbugs in NYC for landlords and tenants.  The Times discusses Peter H. Young's successful claim for rent abatement on his $1000/month loft at 165 Ludlow Street on the Lower East Side:

In June 2004, Judge Cyril K. Bedford of New York City Civil Court found the infestation so harmful to Mr. Young’s “health, safety and welfare” that it violated the implied warranty of habitability — a landlord’s minimal obligation to provide the essential functions of a residence.

“In this case, the bedbugs did not constitute mere annoyance, but constituted an intolerable condition, notwithstanding the landlord’s efforts to exterminate them,” wrote Judge Bedford, who granted Mr. Young a 45 percent rent abatement. (Mr. Young’s landlord, Eric Margules, did not respond to a request for comment.)

Has all the makings of a nice example for property students....

Al Brophy
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http://lawprofessors.typepad.com/property/2006/10/everything_you_.html

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