Articles Posted in Bed Bugs

At the Brod Law Firm, there is an underlying theme that ties the majority of our cases together – a desire to use the law to help the injured and the wronged. Often, the wrongdoer held a power advantage over our client from a driver who hit a pedestrian, cyclist, or a stopped vehicle that couldn’t avoid the impact to a lawyer who violates her professional duties to a tenant at the mercy of an economically powerful landlord. The final example is becoming increasingly common and the power imbalance is growing as the rental market throughout Northern California tightens. After looking at a story that highlights the San Francisco rental shortage adding to this imbalance, this post will review some of the tools our Northern California tenants’ law firm uses to protect tenants in San Francisco and throughout the region.

Developer Distributes 6,800 Applications and Would-Be Tenants Return 2,595 Applications For a Mere 18 Apartments

According to The San Francisco Chronicle, when it construction began on an apartment complex at 2175 Market Street, developer Forest City vowed to include 20% affordable units, more than the 12% required by the City. From The Chronicle building’s lobby, Forest City passed out more than 6,8000 applications and 2,595 were returned by people interested in what amounted to 18 apartments. A lottery narrowed the field to 400 and, before a crowd of more than 100, the developer drew names in a process one attendee, who had been through two prior housing lotteries, compared to “auctioning off hope.”

Theatergoers typically flock to their favorite venues on weekends, and last weekend would be no exception with summer blockbusters available for viewing. However, last weekend was also the first one on which a theater in Lodi that had allegedly been infested with bedbugs was open for business again. And San Francisco personal injury attorney Gregory J. Brod would cite the high-profile incident at the multiplex facility as an example of how bedbugs can potentially make their nasty presence known in all types of structures.

According to CBS News, the theater in question, the Lodi Stadium 12 Cinemas, re-opened Thursday for matinee showings on 10 of its screens after being treated for an alleged bedbug infestation that led the management to close the theater on Sunday, August 17. Lodi police code enforcement said that the theater owners took care of the infestation by employing three methods of extermination: using high heat in the theater, steaming the seats, and applying chemicals to the furniture.

The Lodi police code enforcement also said that Clark Pest Control was monitoring the theaters, and code enforcement would inspect the theater next week and follow up with monthly inspections of the facility. The repeated inspections and monitoring of the theater point to an issue that is often present whenever there is a bedbug infestation – the parasites are very hard to fully eradicate.

Indeed, according to the Centers for Disease Control and Prevention and the U.S. Environmental Protection Agency, bedbugs (Cimex lectularius) are remarkably hardy insects that feed on human blood, typically during the evening hours when humans sleep or, say, go to the movies. Aside from their nocturnal habits and small size, bedbugs are difficult to notice, much less eradicate, because they can enter a dormant condition and can even live for 18 months without a source of food. Bedbugs do not spread disease but they do inflict nasty bites upon their victims, who may suffer, as a result, from the bite marks as well as allergic reactions, other skin problems, painful swelling, itching, insomnia and anxiety. And it is difficult to tell if one has been bitten by bedbugs because the critters inject an anesthetic and an anticoagulant into their victims, who, as a result, are prevented from realizing that they have been bitten.

Bedbugs are also adept at finding new victims, as their slim, flat bodies permit them to fit easily into the smallest of spaces, including the luggage they love to crawl into, a habit that affords them an easy and far-flying means of transportation as people travel. Therefore, travelers are often unwitting carriers of bedbugs who stow away in their luggage, permitting bedbugs to take their infestation on the road, so to speak. And the fact that bedbugs can go for long periods of time without a meal make them very efficient parasitic insects, indeed.
Continue Reading ›

As the official onset of summer fast approaches, the season in which a small yet very nasty and hard-to-eradicate pest – the bedbug – tends to thrive is around the corner. So with bedbug season upon us, San Francisco landlord-tenant law attorney Gregory J. Brod has taken note of a major settlement this week in a class-action lawsuit brought on behalf of tenants of two buildings in Des Moines, Iowa, that were infested with bedbugs.

According to the Des Moines Register, Polk County District Judge Robert Blink on Wednesday approved a settlement for $2.45 million between a class-action group of tenants and former tenants of Elsie Mason Manor and Ligutti Tower and First Baptist Elderly Housing Foundation, First Baptist Housing Foundation and American Baptist Homes of the Midwest, which were the operators of the two buildings in downtown Des Moines besieged by bedbugs. The roughly 225 residents of the buildings are low-income and disabled, and they will share payouts from the settlement that will be based on the amount of time they resided in the buildings between October 2007 and August 2013.

The problems with the bedbugs at the two buildings in question in Des Moines began in 2007, and the residents, assisted by a team of lawyers, employed a state law called the “Private Right of Action” to forward their case. That law permits consumers to sue businesses that engage in deceptive practices, unfair practices or misrepresentation, or that fail to disclose material facts. In 2009, Iowa became the last state in the United States to enact such a law.

The settlement was reached with the former owners of the two buildings making no admissions related to negligent conduct, which was a charge that the class-action group stood by. Landlords whose property has been found to have bedbugs routinely deny negligence and often point the finger at tenants as the party to have introduced the pests into the property, which the operators in the Des Moines case also claimed was the case.

Regardless of who has been the host to have introduced bedbugs into a building, once they are established, bedbugs can spread like a wildfire from one apartment unit to another – and they are difficult to eradicate. Oftentimes, a landlord may employ inexpensive means for getting rid of the bedbugs that not only prove to be ineffective but also may very well worsen the infestation as well as the aggravations and inconveniences suffered by the affected tenants.

Des Moines is one of many cities across the United States that has experienced significant cases of bedbug infestations. In fact and much closer to home, San Francisco has had major problems with bedbug infestations in recent years. Indeed, according to the San Francisco Chronicle, in 2013 the city’s Department of Public Health received 586 complaints of bedbugs in hotels or apartment buildings, which was a five-year high. And while bedbugs are often associated with unsanitary conditions, the itch-inducing pests can even show up in top-of-the-line hotels.
Continue Reading ›

Our San Francisco tenant’s law firm believes that all San Francisco’s residents, whether they own or rent and whether they are very rich or struggling to make ends meet, deserve a safe and habitable residence. A lawsuit currently pending in San Francisco Superior Court and discussed in a San Francisco Chronicle report examines this right from a unique angle, focusing on the relationship between landlords and the city. It is a reminder that all tenants have rights, the same tenants’ rights we fight for on behalf of our clients throughout Northern California.

City Alleges Landlords Provided Unlivable Conditions Violating City Contracts and Risking Tenant Safety

City Attorney Dennis Herrera filed the suit naming four members of the Thakor family and 13 family-controlled companies as defendants, focusing on residential hotels the defendants owned and operated. The defendants claimed to provide stabilization rooms, units intended for homeless people identified by outreach teams, patients leaving San Francisco General, those enrolled in certain programs (i.e. the city’s sobering center), and people with other contracts through the Department of Public Health. Monthly invoices to the city associated with the units were in the $65,000 to $73,000 range.

At one point, perhaps in our earliest years on our own, most of us lived someplace “less than perfect.” It may have had virtually non-existent water pressure, windows that didn’t open, or lingering odors from a prior tenant’s incontinent cats. There is, however, a level of living conditions that no one should have to face. It is a deplorable level of circumstances that render a unit uninhabitable and can violate both state and local laws. People facing such conditions should consult an experienced Oakland landlord-tenant lawyer for help.

Tenants Tell of Deplorable Conditions in Oakland Apartment Building

In a San Francisco Chronicle report, the tenants of the 55-unit Booker Emery building are speaking out about the terrible living conditions they claim have plagued the West Oakland apartment complex for years. A 28 year-old resident named Tiffany says the complex is infested with roaches, bedbugs, and mold and that the landlord has refused to fix these problems and others, such as leaky pipes, during her four years as a tenant. She says the mold and bacteria made her ill and that she was bitten by bedbugs and roaches at the 715 Peralta Street location located near the West Oakland BART station.

In recent years, bed bugs have become a serious public health concern. In 2011 and 2012, some of the most severe outbreaks occurred in New York City, Philadelphia and Detroit. What is most notable about these outbreaks is that they occured in unexpected placeslike the New York City office of the United Nations and the Lincoln Center . Many of the high profile locations deny accusations of bed bugs, while others acknowledge that although there are bed bugs on their premises, it does not indicate uncleanliness. Along this line of thought, the fear that bed bugs are a sign of personal untidiness complicates resolving the issue further. In fact, many people either delay their reports of bed bugs for fear it may suggest their homes are unclean. This begs the question: do bed bugs truly arise from uncleanliness?

The belief that unclean environments cause bed bug infestations is inaccurate. Bed bugs are attracted not to dirt, but rather to warm spaces, carbon dioxide, and blood. The barely macroscopic creatures (1mm-7mm) thrive in such environments, especially when there are a given space offers many hiding spaces such as those found in homes. Often, these bugs will enter the home by attaching themselves to an item of clothing while an individual is outdoors, such as in a school or theater. Once they have entered the home, it may take some time to immediately realize the presence of an infestation.

Although bed bugs feed on blood during the night, they are not shy-they can be visible during all hours of the day. One of the most visible indications of a bed bug infestation is seeing the creatures in various parts of the house as tiny, dark brown/reddish bugs along with their dark excrement in beds, sofas, and enclosed spaces round the home. In addition to seeing them, many people experience their nightly bites. However, not everyone shows signs of bed bug bites—some people will have minor to no symptoms, while others may exhibit more visible, sometimes allergic reactions. Particularly in the latter case, it is essential to seek medical attention to manage the health issues presented by the infestation. Despite their parasitic presence, and aside from the potential to cause an allergic reaction in some individuals, bed bugs do not transfer disease while they feed on their host.

Of course, the instinct of every resident has is to identify the means of removing the intruders from the home. As it happens, bed bugs removal efforts benefit greatly from an expert hand. They are resistant to many pesticides, including DDT. The treatment process can include the application of a high heat treatment, which would involve heating the area in question as high as, but not limited to 117 degrees for one hour . In some cases, using insect spray can help, although as previously mentioned, they have acquired resistance to many pesticides. This is one among other treatments used to treat bed bugs. To identify the best method of treating bed bugs in a specific situation, get in touch with a professional who handles bed bug extermination.

In 2012, San Francisco passed rigorous measures identifying bed bugs as a public health problem, and establishing guidelines for managing infestations. The guidelines require that tenants inform their landlords of a bed bug problem. Next, landlords are required to hire a pest control company to perform an inspection verifying the infestation, and proceed with an extermination procedure of the bed bugs. Six weeks following, the San Francisco Health Inspectors are then required to verify that there has been no resurgence of the infestation. In addition to actively removing an infestation, San Francisco’s measures address preemptive inspections to make sure that bed bugs are not found in residents’ units.
Continue Reading ›

There is a lot to be proud of as a resident of Northern California. In 2012, Bloomberg Business Week declared San Francisco the Best City in America, citing its top score for education as well as praise for the arts scene, the beautiful scenery, and air quality. However, San Francisco and other North California cities also made a less brag-worthy list — Terminix’s cities with the biggest increase in bedbug infestations (San Francisco is #12, Sacramento is #1). Renters have borne a substantial portion of the bedbug crisis and our San Francisco bedbug law firm helps tenants fight against landlords who ignore the problem of bedbug infestation.

Bedbugs Generally

As detailed in a Fact Sheet assembled by the California Department of Public Health, bedbugs are parasitic insects that range from 1/16 inch to ¼ inch during their ten month life span. They cannot fly so the bugs either crawl or are carried between places. Bedbugs feed on blood, including human blood, and usually feed during the night. Although they do not transmit diseases, their bites can leave behind large, itchy welts. The initial bite is usually painless, rarely waking a sleeping person, and it can take several days for the reaction (an immune response) to appear.

Bedbugs are a growing problem, as our San Francisco attorney has commented on several times in this blog. Bedbugs, which are usually brought into a property by pets, clothes, or luggage, are an especially big problem because of their ability to hide in cracks, electrical outlets, behind wallpaper, between baseboards and in fabric furniture. Additionally, bedbugs can remain dormant for many months, reappearing even after treatments seem to have worked. As bedbugs become a bigger problem, awareness of renters, and the expectations of landlord responsibility rises as well. What happens though, when landlords evade their responsibility to provide a habitable and bedbug free environment for their tenants?

$800,000 Bedbug Lawsuit

In the biggest bedbug lawsuit to date, a tenant of a bedbug infested apartment in Annapolis, Md, was awarded $800,000 in damages after suing her landlord. The tenant moved into the apartment in September 2011. Soon after moving in, she found herself covered in scabs and lesions all over her body from bedbug bites. After speaking with the superintendent on the site, a man who also lived in the home, the tenant found that the superintendent was aware of the fact that bedbugs were on the property and tenants were not properly informed. The tenant proceeded to contact city employees to complain about the problem, and they found the property owner in violation and ordered to have him hire a licensed, professional pest control contractor to eradicate the bedbugs in units A and B.

Moving into a new home is an exciting time for any individual. It can represent an upgrade, a new beginning and even a fresh start. Imagine though, if after you are all moved in, the furniture arranged, items taken out of their boxes, one morning you wake to bug bite welts all over your body. You might panic and ask yourself these questions: Where did this all come from? What kind of bug am I dealing with? What do I do? Well, a possible answer to the second question may be bedbugs.

Bedbugs are small, rust colored parasites that feed on the blood of sleeping humans and animals. They feed on the blood of their prey and their bites develop slowly to low itchy welts that can take up to weeks to go away. California law requires that landlords maintain a habitable home and must disclose to prospective tenants if the unit has been invested with bedbugs in the previous two years. Negligence of not disclosing this information, not properly dealing with previous instances of bedbug infestations, or a failure to respond to a tenant’s report of bedbugs can imply negligence on the part of a landlord. A bug infestation also renders the property uninhabitable.

Reports in San Francisco show that in the past 5 years, there has been a dramatic increase in bedbug infestations. In fact, the problem has gotten so bad that the San Francisco Board of Supervisors are now requiring exterminators report the number of units they treat for bedbugs every month to the Department of Public Health. A program manager at the department’s Environmental Health Section, Karen Cohn, cited the reason for this new procedure as the importance of “be[ing] able to target your resources” in fighting and controlling this growing problem. The health department received only 370 complaints of bedbugs in 2010, with 152 of these complaints being confirmed, but this provides neither a full nor accurate picture of the problem as most people attempt to resolve their cases of bedbugs themselves.