Memo 1 Bed Bugs

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Memorandum From: Student To: Managing Partner Date: 10/11/12 Re: Jane Morton; Warranty of Habitability; bed bugs. Question Presented Ms. Morton has been subjected to a bed big infestation in her apartment since June 2013, causing her to vacate her apartment for the last four weeks. Can Ms. Morton state a basic case for breach of warranty of habitability? N.Y. Real Prop. Law § 235-b (Consol. 2010). Brief Answer Yes. The warranty of habitability is breached when the conditions of a tenant’s apartment limit them from the essential functions of their apartment such as sleep, work and shelter and are detrimental to their life, health, and safety. Ms. Morton has a bed bug infestation rendering her apartment uninhabitable, thus, she meets the threshold for a breach of warranty of habitability basic case. Facts Our client Jane Morton leases an apartment owned by Village Landholdings LLC. Ms. Morton has come to us with respect to a bed bug infestation that led her to vacate her apartment after 2 extermination attempts. Ms. Morton would like to withhold September’s rent because she has not used her apartment throughout August due to the bed bug infestation. As early as June 2013, Ms. Morton saw multiple bug bites concentrated on her stomach, thighs and back in groups of three. The bites itched and left welts on her skin for three weeks and made sleeping difficult and working at home difficult for Ms. Morton. Ms. Morton did research on July 20th, 2013 and concluded she had bed bug bites. To confirm with her research, Ms. Morton inspected the couch she worked from and found bed bugs. That same day, Ms. Morton and her boyfriend disposed of the couch and informed Carmine, the building super, of the bed bug infestation. Carmine provided Ms. Morton with an exterminator that serviced her apartment on July 23, 2013, and August 1, 2013. On August 8, 2013, Ms. Morton

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