-http://www.oag.state.ny.us/realestate/habitability.html#13
WARRANTY OF HABITABILITY
Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)
If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for nonpayment of rent. In such a case, the tenant may countersue for breach of the warranty.
Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.
A landlord's liability for damages is limited when the failure to provide services is the result of a union-wide building workers' strike. However, a court may award damages to a tenant equal to a share of the landlord's net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.
In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.
http://www.oag.state.ny.us/realestate/habitability.html#13Pistilli is already in direct violation of this law. The bedbug issue in this building is not a new problem, i assure you, I know people in this building who have been dealing with this reoccuring problem for over two years. Pistilli claims that the exterminator comes the first Saturday of every month (which isn't always true), BUT this exterminator is for roaches and mice only.
How To Rid An Apt Of Bed Bugs
Bedbugs are spread when luggage, clothing, or bedding is taken from an infested area to a new place. The bugs hide at first in the bedding of their new home, but can later move to the floors, walls, and other furniture. They are hard to get rid of because they can go over 100 days without a meal, and they are good at hiding during the day. They look for out-of-the-way cracks and clothing folds, and hide in electrical outlets and wiring conduits, under wallpaper and in unused furniture. So merely getting rid of infested furniture and bedding won't always solve the problem.
The New York State Integrated Pest Management Program recommends three steps: Find their hiding places, clean those places thoroughly, and then make it hard for the bugs to get back in. As part of cleaning the hiding places, the IPM program recommends washing all bedding, rugs, and clothes in hot water, and drying them in a hot dryer to kill bugs living in these materials. Carefully clean or vacuum all surfaces in the room and all items that can't be washed. To prevent the return of bugs, seal all cracks, crevices, and openings around pipes or electrical conduits.
If you are considering using insecticides, both the state IPM program and the city Department of Health warn that they are highly toxic chemicals, so tenants should educate themselves on the particular product before using it. This is particularly important when trying to eradicate bedbugs, as people-especially children, who are most susceptible to toxins-spend a lot of time in bedrooms and in bed. For information about insecticide components and their dangers...
http://www.metcouncil.net/factsheets/bedbugs.htm
Pistilli has most definitely not gone to these lengths to secure that we are living in a habitable environment. Further more, if they aren't going to go to these lengths, then they should be providing us with the information we need to secure our homes from infestation. We are being treated like squatters. BUT we are not. We all pay rent (except maybe the group of workers who live here for free(in one apt) and in exchange clean our stairs, take out our garbage, fix our toilets... so tommy can have free time to take "pictures" in his "studio" in the basement)... that is a whole other issue...
In short, we need to take action NOW, before the outbreak is in every home and the health department evicts us all! This problem is not limited to this building, this is problem in all of Greenpoint, However, our rights clearly state that if the landlord is made aware of an infestation and does not take care of it, we have the right to withhold rent and sue.
We need to make sure that Pistilli knows that we know our rights and are not afraid to enforce them. I am not proposing that we all stop paying rent immediately, but if we call pistilli, call the met counsil, call the board of health.... if we see no response to our actions then we should think about what the next steps can be...
http://en.wikipedia.org/wiki/Escrow
Pistilli - # 1718 204 1600 call them and ask what they are doing about this problem!
Right now our greatest assets are each other. Lets talk. Lets meet. Lets take action. Please leave your thoughts, ideas, anything at all.
Sincerely,
The Mad Astrals
