Who's Responsible for Getting Rid of Bedbugs in a Building?

Aug. 24, 2015 — We learned that there have been reports of bedbugs in the building we are interested in. Who's responsible for getting rid of them?

Guidelines pertaining to bedbugs vary depending on property types (condo or co-op) and the respective bylaws in the offering plans or shareholder agreements. According to legal precedent, a co-op board is required to keep a building in "good repair" for the shareholders, and that includes extermination services for pests.

In addition, as units within co-ops are considered to be leased as opposed to being owned outright by the tenant, co-ops are generally covered by a "warranty of habitability," as per New York City's real estate property law. Within the city, landlords are required to maintain buildings that are suitable for tenants to live in without endangering the tenants' life or health. Extermination of bedbugs is governed by this law as bedbugs are pests that can pose a health threat.

The warranty of habitability generally does not apply to units within condos, as those are owned outright by the tenant. If one lives in a co-op, it is important to review the terms of one's proprietary lease as some co-op boards will hold a resident responsible for infestations that are limited to the resident's unit only and are not a building-wide infestation. For the condo resident, the building is legally responsible for infestations in common areas or that have been caused by a building-wide maintenance issue. However, the apartment-dweller will be responsible for treatment if the infestation is limited to his or her own unit.

Alex K. Kuffel is president of Pride Property Management.