Rent Reduction Based on HPD Bed Bug Violation

Rent-stabilized tenant complained in February 2011 of a reduction in services based on bed bugs in her apartment. The DRA ruled for tenant, based on an HPD violation dated Nov. 12, 2010, finding bed bugs. Landlord appealed and lost. Landlord claimed that the apartment was sprayed monthly and that neither landlord nor its exterminator had found evidence of bed bugs in tenant's apartment.  But landlord failed to submit any proof that the HPD violation had been corrected or cleared. Landlord also argued that it never received tenant's "prior notice" letter before receiving notice of her DHCR complaint. Tenant had attached a copy of this letter to her DHCR complaint. The DHCR found that it didn't matter whether tenant sent the prior notice letter in this case because these letters weren't required for emergency conditions. Bed bugs are considered an emergency condition. And HPD had issued a class B hazardous condition violation to landlord.

430 East 56th Street: DHCR Adm. Rev. Docket No. ZJ410021RO (3/6/13) [4-pg. doc.]