Tenant's Agreement to Share Cost of Bedbug Extermination Void

Landlord sued tenant, claiming that tenant had agreed to split the cost of bedbug extermination and related expenses incurred by landlord in connection with tenant's apartment. The court granted tenant's request to dismiss the case. Landlord appealed and lost. While an exchange of emails may create a binding agreement, tenant's alleged agreement in this case to split the extermination costs created no enforceable contractual rights. Landlord had a statutory obligation to remedy a rent-impairing condition. Landlord's attempt to make tenant pay for bedbug extermination was void as an attempt to circumvent the warranty of habitability. 

Bldg Management Co., Inc. v. Halabi: 44 Misc.3d 134(A), 2014 NY Slip Op 51186(U) (App. T. 1 Dept.; 8/5/14; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)