Who is responsible for my dry cleaning fee after a bug infestation?

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They were bird mites that came in through the air condition vent from my apartment which is a pre-war building.

Attorney Answers

2
Richard J. ChertockReal Estate AttorneyMelville, NY ·
Ordinarily I would tell you that the landlord is responsible for this but you will have a hard time getting him to pay for it. If you have renters insurance the best option would be to put in a claim with the insurance company and let them go after the landlord for reimbursement. If you don't have renters insurance you may have to sue the landlord in small claims court. I assume from your question that the infestation has already been addressed by the landlord. You may also try filing a complaint at 311 or with HPD.
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Steven Smollens ·
Dear New York Tenant: A NYC landlord is primarily responsible for eradication of insect infestations and maintaining a rental property. The landlord must have notice about the insect condition and must fail to deal with the insect problem after notice from the tenant or posting of a violation by the NYC Office of Code Enforcement. If the landlord did not know about the bird mites before your clothing was damaged but dealt with the insect after you reported the condition the landlord may not be in violation of the NYC law. A New York landlord is responsible for damage caused to a tenant's personal property when the event causing damage was due an intentional (wrongful) act of the landlord or by the landlord's negligence. Generally, a landlord requires advance notice from the tenant relating to a defective condition, such as a defective or dirty air conditioner. If the tenant owns the air conditioner the tenant is responsible for clearing the unit of accumulated debris and for filter replacement. If the AC is built in, the landlord may be liable if regular routine seasonal maintenance is not performed. If the landlord had notice from you about the insects before the damage and did not deal with the problem, then the landlord may be liable to you for your out of pocket loss. New York State does not allow a tenant to repair and to deduct. New York State allows a tenant to affirmatively assert a breach of the statutory Warranty of Habitability but that right is only available in a lawsuit. There is no method to invoke a breach of the statutory Warranty of Habitability without involving a court. If the landlord is liable you have a right to sue in Small If your tenancy is subject to Rent Regulation and if the AC unit is the landlord's property and if the damage was caused by the landlord's failure to maintain the AC, you may consider filing for a decrease in rent with the DHCR based on a complaint of failure to maintain or repair.
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