Archive for May, 2009
Landlords Vs. Tenants: Who Pays When Bed Bugs Invade?
When bed bugs invade an apartment who calls the exterminator and who pays? The conundrum in the emerging field of bed bug law is pitting landlords against tenants and filling court dockets.
Legislation recently introduced in the New Jersey Legislature as Assembly Bill 3203 would force landlords to shoulder the entire financial burden of combating bed bugs by making them solely responsible for conducting annual inspections distributing and displaying educational material created by the state immediately treating reported bed bug infestations and maintaining a bed bugfree environment throughout the apartment building or complex. Similar bills are under consideration in other states.
Citing the nationwide 500 increase in bed bug infestations and calling the common bed bug a public nuisance Bill 3203 states it is a matter of public welfare to protect New Jersey citizens health from this pest. Noting that owners of multiple dwellings are in the best position to coordinate the extermination bedbug infestations in that multiple dwelling the bill directs Every owner of a multiple dwelling shall be responsible at his own expense for maintaining the multiple dwelling free of an infestation of bedbugs. Landlords who fail to act would be fined 300 per infested apartment and 1000 per infested common area. Local health boards would have the power to act for and bill unresponsive landlords. You can read the complete text of New Jersey Bill 3203 on the Stern Environmental website.
Given the exponential increase in bed bug infestations nationwide landlords are leery of the possible financial repercussions of such legislation. In New York City bed bug complaints jumped from 1839 in 2005 to 8830 in 2008. Violations issued by the Department of Housing Preservation and Development rose from 366 to 2757 over the same period. New York and New Jersey apartment owners are legally tasked with providing pest control for tenants. Its the apartment owners responsibility to provide tenants with a pestfree living environment. That wasnt always true. Since the 1908 case of Jacobs v. Morand tenants had been legally obligated to pay their rent even if bed bugs had made their apartment inhabitable. That changed in 2004 with Ludlow Properties LLC v. Young when Judge Cyril Bedford ruled in favor of a frustrated tenant who had refused to pay rent for six months because of a persistent bed bug problem writing:
Although bed bugs are classified as vermin they are unlike mice and roaches which although offensive do not have the effect on ones life as bed bugs do feeding upon ones blood in hoards nightly turning what is supposed to be bed rest or sleep into a hellish experience.
Today tenants seem to be winning the litigation war against landlords but its a tough fight. When bed bug infestations are discovered tenants and landlords point the finger of blame at each other. It gets back to the issue of responsibility said attorney Ronald Languedoc. In law the party that asserts a claim usually has a burden of proof. I think it is probably hard to track down where precisely they came from and how they got in there.
Under current New York and New Jersey law apartment owners bear the responsibility and financial expense of providing housing that is ratfree roachfree and now bed bugfree. For cashstrapped apartment owners theres the rub. Rats roaches and other vermin are attracted by garbage and unclean conditions. The connection to proper maintenance efficient trash collection and regular pest control is obvious. The cost of such regular maintenance is an expected part of managing an apartment building. Just like electric water and other utility costs these expenses are figured into monthly rent payments and recouped.
Bed bugs are an entirely different problem. Bed bugs are not attracted by filth. They are insects of convenience like lice and fleas. These tiny insects crawl from one infected individual to another. They set up house near beds and in bedrooms hiding in cracks and crevices during the day and creeping out at night to feed on the blood of their unsuspecting prey humans. The size of an apple seed bed bugs multiply quickly and are adept hitchhikers. You can get them from contact with an infected individual visiting his home brushing his clothing standing next to him or borrowing his belongings. You can get bed bugs by sitting in a seat just vacated by an infected person on a subway park bench taxi or airplane. Since not all people react to bed bug bites people often spread bed bugs without even knowing they have them.
Bed bugs can come into an apartment on someones clothing in suitcases and backpacks in the creases of storage boxes in the cracks and crevices of used furniture in the upholstery of a rental sofa and in refurbished mattresses. Apartment owners have no control over what attracts bed bugs or how the annoying little buggers get into the building. You can understand their reluctance to take responsibility for a problem they didnt create and have no control over. Yet that is exactly what housing legislation requires them to do. Particularly exasperating are the strictures in New York City and under consideration in Jersey City and the New Jersey state legislature that prevent apartment owners from passing along the often hefty costs of eliminating bed bug infestations to their tenants.
The life cycle and living habits of bed bugs only confound the problem. A single female bed bug can produce up to 500 eggs during her oneyear lifespan laying about five eggs per day. Moving through five nymphal stages bed bugs reach maturity in just five to eight weeks. They nibble on their human prey at night feeding for up to 10 minutes every three to five days. The tiny bugs are often mistaken for other pests and their bites for mosquito or spider bites. Not all people react to their bites which look like raised red welts and many dont react itching is typical for several days after being bitten. Some people are so embarrassed they fail to report an infestation or uselessly try to treat it with Raid. By the time the problem is noticed or reported a considerable infestation can have developed.
Often by the time theyre identified bed bugs have spread to other units in a building and the original culprit can be hard to identify. Because bed bugs spread easily through wall voids elevator shafts plumbing and wiring conduits and heating and cooling ducts next door units and those on the floors above and below an infested unit are also likely to be infested. Treatment of one unit can simply send bed bugs scurrying to find new living quarters. Even vacant apartments are not safe as bed bugs can live for one to seven months without a blood meal.
Eliminating bed bugs in a multiunit apartment building can be a nightmare for everyone and an unexpected financial burden for the owner. Because of the many variables involved the need for tenant cooperation the bugs minute and numerous hiding places and their tendency to spread quickly and easily multiple pest control treatments over a spaced period of time are necessary to completely eradicate bed bugs from an apartment building. Apartment owners are being asked to shoulder the financial burden without remuneration sometimes without essential tenant cooperation and with no guarantee that the whole mess wont happen again. Its not hard to understand why apartment owners feel new bed bug laws are unfair.
About the writer: Douglas Stern is the managing partner of Stern Environmental Group and a bed bug extermination expert. His firm serves commercial and residential clients in New Jersey New York City New York and Connecticut. His firm is located at 100 Plaza Drive in Secaucus New Jersey. You can reach him toll free at 18888878376. Please visit us on the Web at www.SternEnvironmental.com.
Jacksonville Ponte Vedra Appeal
Sellers residing in areas like Florida are blessed with a great opportunity to sell their homes in one of the most desirable climates in the country. It is easy to see why people have been flocking to Florida for years as the yearround sunshine and fair weather make the perfect vacation getaway or winter residence. So many people have purchased homes for vacations only to end up living in Florida full time. Once you are here it’s hard to leave. When thinking about Florida most will immediately think of areas like Orlando and the attractions that call the area home however there is a lot more to this state than amusement parks. Florida is a land of beauty to say the least with some of the world’s best known golf courses stunning beaches and crystal blue waters.
One of the most beautiful areas of Florida is the area surrounding Jacksonville and Ponte Vedra. Located along the northern coast Jacksonville lies in Duvall County. This is an area that is noted for it’s amazing beaches beautiful scenery sprawling lush golf courses and some of the most valuable and spectacular real estate in Florida. Florida has also become known for specialty communities and there are several of these stately housing developments in the Jacksonville area. Woven through this area like verdant oasis are the golf course or Country Club communities. These developments offer a stunning and relaxing style of life with amazing views of the championship courses that populate the area. If golf isn’t quite your cup of tea then both Jacksonville and Ponte Vedra offer a beautiful selection of waterfront homes on the Atlantic Ocean or the Intra coastal Waterway.
Florida has become known for gracious and stylish living for a reason. It is a simple fact that Florida is possessed of one of the most desirable climates in the country and some of the best recreation and leisure facilities anywhere. Florida has a lifestyle all it’s own that cannot be equaled anywhere else. If you are thinking about real estate in Florida don’t skip over the Jacksonville/Ponte Vedra area. You might be missing out on the home that you have always wanted.
About the writer: Carey Frankel is a real estate agent and associate broker serving the Jacksonville Florida real estate market. For elite service and accurate information on Jacksonville Homes contact Carey or visit online at www.frankelrealtygroup.com
Iowa Real Estate
It is believed that the first white people set foot on Iowa in the summer of 1673. The Frenchmen Louis Joliet and Father Jacques Marquette were accompanied by five of their crewmen. They reported that the place down the Mississippi River was lush and fertile. This report brought in thousands more of white people. Centuries later these lush valleys and fertile soil made Iowa a leading agricultural state in America.
The Transformation of Iowa
Early settlers were discomfited about the dreary prairies. There were no trees. As time marched the people planted the vast spaces with trees. The timber provided them homes and furniture. As more people poured in traversing the Mississippi River proved onerous. Goods and livestock had to be transported along the river. The railroad came to Iowa in 1831. This made travel and transport of cargo easier and faster. The railroads brought dramatic changes to Iowa in the late 1800s. Farm produce from wheat to livestock could be shipped through Chicago to any part in the world.
The influx of new industries pushed the economy of Iowa in the 1870s. The Quaker Oats Company and the Sinclair Meat Packing Company dotted different parts of the State.
The population growth ushered in more changes. Schools and churches were built. Just after Iowa achieved statehood in 1860 it contributed fighting men to the civil war in 1861. Some 13001 brave men died in that war while 8500 were wounded. Women also contributed to the cause by providing clothing materials for their men.
One woman distinguished herself for leading the women’s suffrage cause. Carrie Chapman Catt rallied the women to fight ostracism of women in state affairs. Women’s suffrage was granted in 1920.
Industry
Manufacturing companies are situated in 99 counties. The extent covers industries from food chemicals machinery fabricated metals and printing. The major industries are food processing and machinery of agriculture. Construction and mining are also major industries. The manufacturing industry has employed almost some 16 percent of the State’s workforce.
Respected companies in Iowa are working to develop breakthroughs for the food industry renewable industrial products and medicine. These are:
Fort Dodge Animal Health
Wyeth
Roche Vitamins Inc.
TransOva
Kemin Industries
IDT Integrated DNA Technologies
Proliant Inc.
Roquette America Boehringer Ingelheim Vetmedica
Wacker Biochem Corp.
Tourism
Visitors can delight in the many national and historical landmarks of Iowa. Quaint hostels provide bread and breakfast. Among the better known landmarks are the Amana colonies Effigy Mounds Spook Cave and the Vesterheim NorwegianAmerican Museum. The Dutch replica of windmills canals architecture and even wooden clogs Pella provides a European haven in the very American State.
Snake Alley competes with the Lombard Street in San Francisco for the tag of “World’s Crookedest Street.” The alley snakes a block long along cobblestones.
The Hollywoodbuilt baseball field for the movie Field of Dreams is the latest tourist comeon in Dyersville Iowa. People flock to see the baseball field and buy souvenirs. The baseball field sits on the property of two Dyersville farmers.
Iowa Real Estate
An Iowa real estate is something that the state can be proud of. This is because Iowa excels in many areas in history tourism industry and character of population. An Iowa real estate is something to look forward to because a home in Iowa is sure to bring good things.
About the writer: John Russel is a Copywriter of New home in texas. He written many articles in various topics.For more information visit:Buy A Home In Houston Texas contact him at yourownarticlesgmail.com