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Posted by DK on January 22, 1999 at 19:40:24:

In Reply to: Roaches posted by Kiri on January 22, 1999 at 14:37:55:

Housing Maintenance Code sections 27-2017, 2018 and 2019 have very tough requirements for extermination of vermin including rodents, roaches and other insects. The owner is required to eliminate any infestation and is required to eliminate harborages. HPD inspectors generally write violations whenever they see even a single roach. Often HPD violation orders will include a direction to the owner to seal any cracks in walls or floorboards which would allow roaches access to the apartment.

You should certainly complain to the landlord and insist that it take all steps necessary to eliminate any roach infestation. If you are dissatisfied, you can bring a proceeding in Housing Court to obtain a court order requiring the landlord to take the necessary steps to eliminate the problem--usually more than just having an exterminator go around squirting pesticide every so often.

Vermin infestation is also a breach of the warranty of habitability and would entitle you to a rent abatement, although in my experience, judges are usually quite cheap when it comes to awarding abatements for roach infestation, usually just 1 or 2% of the rent.

: Does anyone know if landlords/management co's are required to send someone to de-roach their buildings once in awhile? I've just moved into renovated, rent-stabilized apartment. The apartments above and below me are infested (I've seen them) and inevitably they're beginning to crawl through the floors into my apartment, despite constant spraying and cleaning. The super said he'd send someone to spray the building, but I don't think he did. I want to call the landlord and ask about it, but I'm curious as to whether this is something they're required to do or not.

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• Re: Roaches satori 1/22/99 (0)

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: Housing Maintenance Code sections 27-2017, 2018 and 2019 have very tough requirements for extermination of vermin including rodents, roaches and other insects. The owner is required to eliminate any infestation and is required to eliminate harborages. HPD inspectors generally write violations whenever they see even a single roach. Often HPD violation orders will include a direction to the owner to seal any cracks in walls or floorboards which would allow roaches access to the apartment.

: You should certainly complain to the landlord and insist that it take all steps necessary to eliminate any roach infestation. If you are dissatisfied, you can bring a proceeding in Housing Court to obtain a court order requiring the landlord to take the necessary steps to eliminate the problem--usually more than just having an exterminator go around squirting pesticide every so often.

: Vermin infestation is also a breach of the warranty of habitability and would entitle you to a rent abatement, although in my experience, judges are usually quite cheap when it comes to awarding abatements for roach infestation, usually just 1 or 2% of the rent.

: : Does anyone know if landlords/management co's are required to send someone to de-roach their buildings once in awhile? I've just moved into renovated, rent-stabilized apartment. The apartments above and below me are infested (I've seen them) and inevitably they're beginning to crawl through the floors into my apartment, despite constant spraying and cleaning. The super said he'd send someone to spray the building, but I don't think he did. I want to call the landlord and ask about it, but I'm curious as to whether this is something they're required to do or not.


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