AB 551: Rental property: bed bugs.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-25
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.
This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2017, and to all other tenants by January 1, 2018, information about bed bugs, as specified. The bill would require that the landlord provide notice to the tenants of those units inspected by the pest control operator of the pest control operators findings within 2 business days, as specified. The bill would prohibit a landlord from showing, renting, or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified.
This bill would incorporate additional changes to Section 1942.5 of the Civil Code, proposed by AB 2881, that would become operative only if this bill and AB 2881 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.
This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2017, and to all other tenants by January 1, 2018, information about bed bugs, as specified. The bill would require that the landlord provide notice to the tenants of those units inspected by the pest control operator of the pest control operators findings within 2 business days, as specified. The bill would prohibit a landlord from showing, renting, or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified.
This bill would incorporate additional changes to Section 1942.5 of the Civil Code, proposed by AB 2881, that would become operative only if this bill and AB 2881 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.
This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2016, 2017, and to all other tenants by January 1, 2017, 2018, information about bed bugs, as specified. The bill would prohibit a tenant from bringing items onto a property that the tenant knows or reasonably should know are infested with bed bugs and would require a tenant who finds a bed bug infestation to notify his or her landlord within 7 calendar days if he or she finds or reasonably suspects a bed bug infestation. The bill would require a landlord to retain services of a pest control operator, as defined, within 5 business days of notification, and would prescribe requirements for entries into dwelling units for purposes of inspection. If an infestation is confirmed, the The bill would require that the landlord provide notice to the tenants of those units inspected by the pest control operator of the pest control operators findings within 2 business days and that the landlord contract with a pest control operator to prepare and implement a bed bug treatment program within a reasonable time, as specified. The bill would require a landlord to provide affected tenants with specified information in connection with the treatment plan and would require tenants to fulfill responsibilities for unit preparation before a scheduled treatment, be responsible for the management of their belongings, and to vacate their units. The bill would require a landlord, after a bed bug infestation is confirmed, to prepare a written bed bug management plan, which would be available to tenants. The bill would prescribe requirements for the disposal of items infested by bed bugs. days, as specified. The bill would prohibit a landlord from showing, renting, or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified.
This bill would incorporate additional changes to Section 1942.5 of the Civil Code, proposed by AB 2881, that would become operative only if this bill and AB 2881 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
The bill would prohibit a landlord from renting or leasing a vacant dwelling unit that the landlord knows, or reasonably should know, has a bed bug infestation. The bill would provide that an eviction proceeding to enforce tenant responsibilities is not retaliation and that a property for which a landlord has notice of an infestation and follows required procedures is not, with respect to bed bugs, to be considered substandard or untenantable. The bill would specify that a landlord or tenant may sue for injunctive relief for violations of its provisions. The bill would prohibit a landlord from being held liable for delays in bed bug treatment and control that are outside his or her control. The bill would state the intent of the Legislature to occupy the field with regard to this topic and would prohibit cities, counties, and other local entities from enacting a local law relating to this issue, except as specified.
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.
This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2016, and to all other tenants by January 1, 2017, information about bed bugs, as specified. The bill would prohibit a tenant from knowingly bringing items onto a property that the tenant knows or reasonably should know are infested with bed bugs and would require a tenant who finds a bed bug infestation to notify his or her landlord within 7 calendar days if he or she finds or reasonably suspects a bed bug infestation. The bill would require a landlord to retain services of a pest control operator, as defined, within 5 business days of notification, and would prescribe requirements for entries into dwelling units for purposes of inspection. If an infestation is confirmed, the bill would require that the landlord provide notice of the findings within 48 hours 2 business days and that the landlord contract with a pest control operator to prepare and implement a bed bug treatment program within a reasonable time, as specified. The bill would require a landlord to provide affected tenants with specified information in connection with the treatment plan and would require tenants to fulfill responsibilities for unit preparation before a scheduled treatment, be responsible for the management of their belongings, and to vacate their units. The bill would require a landlord, after a bed bug infestation is confirmed, to prepare a written bed bug management plan, which would be available to tenants. The bill would prescribe requirements for the disposal of items infested by bed bugs.
The bill would prohibit a landlord from renting or leasing a vacant dwelling unit that the landlord knows, or reasonably should know, has a bed bug infestation. The bill would provide that an eviction proceeding to enforce tenant responsibilities is not retaliation and that a property for which a landlord has notice of an infestation and follows required procedures is not, with respect to bed bugs, to be considered substandard or untenantable. The bill would specify that a landlord or tenant may sue for injunctive relief for violations of its provisions. The bill would prohibit a landlord from being held liable for delays in bed bug treatment and control that are outside his or her control. The bill would state the intent of the Legislature to occupy the field with regard to this topic and would prohibit cities, counties, and other local entities from enacting a local law relating to this issue, except as specified.
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.
This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2016, and to all other tenants by January 1, 2017, information about bed bugs, as specified. The bill would prohibit a tenant from knowingly bringing items onto a property and would require a tenant who finds a bed bug infestation to notify his or her landlord within 7 days if he or she finds or reasonably suspects a bed bug infestation. The bill would require a landlord to retain services of a pest control operator, as defined, within 3 5 days of notification, and would prescribe requirements for entries into dwelling units for purposes of inspection. If an infestation is confirmed, the bill would require that the landlord provide notice of the findings within 48 hours and that the landlord contract with a pest control operator to prepare and implement a bed bug treatment program within a reasonable time, as specified. The bill would require a landlord to provide affected tenants with specified information in connection with the treatment plan and would require tenants to fulfill responsibilities for unit preparation before a scheduled treatment, be responsible for the management of their belongings, and to vacate their units. The bill would require a landlord, after a bed bug infestation is confirmed, to prepare a written bed bug management plan, which would be available to tenants. The bill would prescribe requirements for the disposal of items infested by bed bugs.
The bill would prohibit a landlord from renting or leasing a vacant dwelling unit that the landlord knows, or reasonably should know, has a bed bug infestation. The bill would provide that an eviction proceeding to enforce tenant responsibilities is not retaliation and that a property undergoing a bed bug treatment for which a landlord has notice of an infestation and follows required procedures is not, with respect to bed bugs, to be considered substandard or untenantable. The bill would specify that a landlord or tenant may sue for injunctive relief for violations of its provisions. The bill would prohibit a landlord from being held liable for delays in bed bug treatment and control that are outside his or her control. The bill would state the intent of the Legislature to occupy the field with regard to this topic and would prohibit cities, counties, and other local entities from enacting a local law relating to this issue, except as specified.
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.
This bill would express the intent of the Legislature to enact legislation that would adopt statewide standards to govern the responsibility of landlords and tenants for the inspection and control of bedbugs in residential rental properties.
This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2016, and to all other tenants by January 1, 2017, information about bed bugs, as specified. The bill would prohibit a tenant from knowingly bringing items onto a property and would require a tenant who finds a bed bug infestation to notify his or her landlord within 7 days if he or she finds or reasonably suspects a bed bug infestation. The bill would require a landlord to retain services of a pest control operator, as defined, within 3 days of notification, and would prescribe requirements for entries into dwelling units for purposes of inspection. If an infestation is confirmed, the bill would require that the landlord provide notice of the findings within 48 hours and that the landlord contract with a pest control operator to prepare and implement a bed bug treatment program within a reasonable time, as specified. The bill would require a landlord to provide affected tenants with specified information in connection with the treatment plan and would require tenants to fulfill responsibilities for unit preparation before a scheduled treatment, be responsible for the management of their belongings, and to vacate their units. The bill would require a landlord, after a bed bug infestation is confirmed, to prepare a written bed bug management plan, which would be available to tenants. The bill would prescribe requirements for the disposal of items infested by bed bugs.
The bill would prohibit a landlord from renting or leasing a vacant dwelling unit that the landlord knows, or reasonably should know, has a bed bug infestation. The bill would provide that an eviction proceeding to enforce tenant responsibilities is not retaliation and that a property undergoing a bed bug treatment is not, with respect to bed bugs, to be considered substandard or untenantable. The bill would specify that a landlord or tenant may sue for injunctive relief for violations of its provisions. The bill would prohibit a landlord from being held liable for delays in bed bug treatment and control that are outside his or her control. The bill would state the intent of the Legislature to occupy the field with regard to this topic and would prohibit cities, counties, and other local entities from enacting a local law relating to this issue, except as specified.
Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.
This bill would express the intent of the Legislature to enact legislation that would adopt statewide standards to govern the responsibility of landlords and tenants for the inspection and control of bedbugs in residential rental properties.
(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 1.5.Section 1942.5 of the Civil Code is amended to read:1942.5.(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.Section 1954.1 of the Civil Code is amended and renumbered to read:1954.05.In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.
SEC. 3.Chapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:2.8Bed Bug Infestations1954.600.The Legislature finds and declares:
(a)Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled.
(b)Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.
(c)Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
(d)Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.
(e)Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home.
(f)The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license.
1954.601.For purposes of this chapter, the term pest control operator means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board.
1954.602(a)A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.
(b)This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.
1954.603.On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a)General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:
Information about Bed Bugs
Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bugs can survive for months without feeding.
Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A persons reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
Common signs and symptoms of a possible bed bug infestation:
Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
Molted bed bug skins, white, sticky eggs, or empty eggshells.
Very heavily infested areas may have a characteristically sweet odor.
Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.
(b)The procedure to report suspected infestations to the landlord.
1954.604.Entry to inspect a tenants dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator.
1954.605.The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operators findings. The notification shall be in writing and made within two business days of receipt of the pest control operators findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operators findings.
SEC. 4.Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.
(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 1.5.Section 1942.5 of the Civil Code is amended to read:1942.5.(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.Section 1954.1 of the Civil Code is amended and renumbered to read:1954.05.In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.
SEC. 3.Chapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:2.8Bed Bug Infestations1954.600.The Legislature finds and declares:
(a)Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled.
(b)Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.
(c)Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
(d)Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.
(e)Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home.
(f)The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license.
1954.601.For purposes of this chapter, the term pest control operator means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board.
1954.602(a)A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.
(b)This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.
1954.603.On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a)General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:
Information about Bed Bugs
Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bugs can survive for months without feeding.
Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A persons reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
Common signs and symptoms of a possible bed bug infestation:
Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
Molted bed bug skins, white, sticky eggs, or empty eggshells.
Very heavily infested areas may have a characteristically sweet odor.
Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.
(b)The procedure to report suspected infestations to the landlord.
1954.604.Entry to inspect a tenants dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator.
1954.605.The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operators findings. The notification shall be in writing and made within two business days of receipt of the pest control operators findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operators findings.
SEC. 4.Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.
(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice pursuant to Section 1954.14, of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 1.5.Section 1942.5 of the Civil Code is amended to read:1942.5.(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)It
(c)Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.Section 1954.1 of the Civil Code is amended and renumbered to read:1954.05.In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.
SEC. 3.Chapter 2.5 2.8 (commencing with Section 1954.1) 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:2.5. 2.8Bed Bug Infestations1954.1.1954.600.The Legislature finds and declares:
(a)Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled.
(b)Tenants, property owners, and pest control operators have distinct rights and responsibilities regarding bed bug infestations.
(c)
(b)Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.
(d)
(c)Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
(e)
(d)Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.
(f)Specific, enforceable duties of tenants and landlords are necessary so that the failure of a tenant or landlord to cooperate fully does not prevent effective investigation, treatment, and monitoring of all infested and surrounding units.
(e)Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home.
(f)The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license.
1954.11.For the purposes of this chapter:
(a)Bed bug management plan means a written plan prepared by a pest control operator for a property. The plan will outline the responsibilities of the landlord and tenants and shall be consistent with NPMA best practices and tailored to the conditions at the property. The plan shall include, but is not limited to, the following:
(1)Education of tenants to reduce the risk of introduction of bed bugs to the property and to encourage reporting. Education methods and frequency shall be based on resources of the landlord.
(2)Housekeeping and building maintenance procedures to help prevent bed bug harborage, including recommendations from a pest control operator about correcting bed bug hiding places and entry points, for example by sealing cracks and crevices in walls, ceilings, and floors, and fixing loose moldings and peeling wallpaper.
(3)The landlords process for responding to complaints and a brief statement of the requirements of this chapter.
(4)Written documentation of any bed bug treatment program.
(5)Use of monitoring devices on a proactive basis, routine monitoring inspections by trained employees or licensed pest control operators, if appropriate, as determined by the pest control operator and based upon the resources of the landlord.
(6)A complaint log that documents compliance with this chapter.
(b)Bed bug treatment program means a program, based on NPMA best practices, for treating an infestation to remove or kill visible and accessible bed bugs and their eggs, either immediately or through residual effects. The program shall be structured to continue until the infestation is controlled.
(c)Complaint log means part of a bed bug management plan that tracks a landlords ongoing responses to each bed bug report over the preceding two years. The complaint log shall include, but is not limited to, records pertaining to verification inspections and inspections of adjacent units, results of inspections, records of notices provided to tenants, unit preparation inspections, treatment type, locations and dates, and followup inspections.
(d)Inspection means an investigation of the premises, using NPMA best practices to confirm or rule out a bed bug infestation, to identify all infested areas to determine treatment tactics, or to verify that an infestation has been eliminated.
(e)NPMA best practices means best management practices for bed bugs issued by the National Pest Management Association in effect on January 1, 2016. NPMA best practices does not include practices or actions that conflict with federal or state law.
(f)Pest
1954.601.For purposes of this chapter, the term pest control operator means an individual with holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board.
(g)Pretreatment checklist means unit preparation requirements tailored to the treatment method, consistent with NPMA best practices, including, but not limited to, easy-to-understand instructions, pictures, and diagrams, prepared by the pest control operator and provided to tenants by the landlord or pest control operator. The checklist shall include instructions for how to treat tenant clothing, personal furnishings, and other belongings, if treatment is required, and shall provide contact information for the pest control operator to answer questions prior to treatment.
1954.602(a)A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.
(b)This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.
1954.12.1954.603.On and after July 1, 2016, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2017. 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a)General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:
Information about Bed Bugs
Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. They are copper colored and have six legs. Their color can vary from red and brown to copper colored. Young bed bugs are nearly colorless and are very small, small. Their bodies are about 1/16 of an inch in length. Bed bugs do not fly. They either crawl or are carried from place to place. They have almost no color. When a bed bug feeds, its body swells swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: The typical lifespan of a An average bed bug is lives for about 10 months. They can survive for months without feeding. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bugs can survive for months without feeding.
Bed bug Bites: Because bed bugs usually feed at night when people are sleeping, night, most people are bitten in their sleep and do not realize they were bitten. A persons reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be apparent noticed until many days after a person was bitten. bitten, if at all.
Common signs of bed bugs signs and symptoms of a possible bed bug infestation:
Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
Molted bed bug skins, white, sticky eggs, or empty eggshells.
Very heavily infested areas may have a characteristically sweet odor.
Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
More information: See
For more information, see the web Internet Web sites of the United States Environmental Protection Agency, California Department of Public Health, California State Structural Pest Control Board, Agency and the National Pest Management Association.
(b)The procedure to report suspected infestations to the landlord.
(c)If applicable, a statement that the property has a bed bug management plan.
1954.13.A tenant shall not bring onto a property personal furnishings or belongings that the tenant knows or reasonably should know are infested with bed bugs.
1954.14.(a)Within seven calendar days after a tenant finds or reasonably suspects a bed bug infestation at a property, the tenant shall notify the landlord in writing of that fact and the evidence of infestation. Evidence of infestation includes, but is not limited to, any recurring or unexplained bites, stings, irritation, or sores of the skin that the tenant knows or reasonably suspects are caused by bed bugs.
(b)Within five business days after a tenant or a public agency notifies a landlord of a suspected infestation, the landlord shall retain the services of a pest control operator to verify the suspected infestation and to conduct an inspection, if determined to be necessary by the pest control operator.
(c)
1954.604.Entry to inspect a tenants dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs have been are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator.
(d)If a pest control operators inspection confirms that a bed bug infestation exists:
(1)The landlord shall notify all tenants of units identified for treatment by the pest control operator of the findings of infestation. The notification shall be in writing and made within two business days of receipt of the pest control operators findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operators findings.
(2)If further inspections of the affected units or surrounding units are necessary as determined by the pest control operator, based on the NPMA best practices, subsequent notices shall include information about future inspections, unless that information was disclosed in a prior notice. Each entry shall require notice conforming to Section 1954.
1954.15.(a)After an infestation is confirmed as described in Section 1954.14, the landlord shall contract with a pest control operator to prepare and implement a bed bug treatment program to begin within a reasonable time. Beginning the treatment program within 10 calendar days after the infestation is confirmed shall be presumed to be a reasonable time.
(b)At least seven calendar days prior to treatment, the landlord shall provide the affected tenants with the following:
(1)A cover sheet from the landlord, in at least 10-point type, disclosing:
(A)The date or dates of treatment, the deadline for tenant preparation of the unit, and the date, approximate hour, and length of time, if any, the tenant shall be required to be absent from the unit.
(B)A statement that the tenant may request assistance or an extension of time to prepare the unit, to the extent required by law, to reasonably accommodate a disability.
(C)A statement that a tenant not entitled to a reasonable accommodation under law may also request an extension of time to prepare the unit.
(2)A pretreatment checklist with information provided by the pest control operator, which shall be in accordance with NPMA best practices.
(c)The tenant shall fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the pest control operators pretreatment checklist. Tenants shall be responsible for the management of their belongings, including, but not limited to, clothing and personal furnishings.
(d)Tenants who are not able to fulfill their unit preparation responsibilities shall promptly notify the landlord. For a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit, the landlord shall extend the preparation time by three business days.
(e)If an extension of time is provided in order to reasonably accommodate a tenant required under law to receive a reasonable accommodation, or for other tenants as provided in subdivision (d), the landlord shall provide all affected tenants with a notice of the revised dates and times specified in subparagraph (A) of paragraph (1) of subdivision (b), as necessary.
(f)A tenant shall cooperate in vacating his or her unit as notified for treatment purposes and shall not reenter the unit until directed by the pest control operator to do so.
(g)Inspection of unit preparation and bed bug treatment and posttreatment inspection and monitoring of all affected and surrounding units as recommended by the pest control operator are a necessary service for the purpose of Section 1954. In addition to the cover sheet and any revisions under subdivision (e), the landlord shall provide written notice of entry pursuant to Section 1954 to affected tenants for all treatments and inspections.
1954.16.No later than 30 calendar days after a bed bug infestation is confirmed by a pest control operator, or by a code enforcement officer or a health officer under paragraph (12) of subdivision (a) of Section 17920.3 of the Health and Safety Code, a pest control operator and the landlord shall prepare a written bed bug management plan for the property. This plan shall be made available to tenants upon request.
1954.17.It is unlawful for a landlord to rent or lease, or offer to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
1954.18.Service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities under this chapter shall not be considered unlawful retaliation under Section 1942.5.
1954.19.If a landlord has received notice of an infestation and is in compliance with the requirements of this chapter, the property shall not, with respect to bed bugs, be considered to be substandard as defined in Section 17920.3 of the Health and Safety Code, to be untenantable as defined in Section 1941.1, or to be in breach of the implied warranty of habitability.
1954.20.A landlord or tenant, when disposing of personal property that they own or control, that is infested with bed bugs, including, but not limited to, bedding, furniture, clothing, draperies, carpeting, or padding, shall securely seal the property in a plastic bag that is all of the following:
(a)Of a size as to readily contain the disposed material.
(b)Labeled as being infested with bed bugs.
(c)Furnished as needed to the tenant by the landowner or pest control operator.
1954.21.In addition to any other remedies provided by law, a landlord or tenant may sue for injunctive or declaratory relief for violations of this chapter.
1954.22.A landlord shall not be liable for any damages due to delays in bed bug treatment and control that are outside the landlords control.
1954.23.Failure to comply with NPMA best practices shall not constitute a violation of this chapter if copies of the NPMA best practices are not available to the public free of charge.
1954.24.(a)Except as provided in subdivision (b), to the end of providing a single, uniform approach to the treatment of bed bug infestations in residential tenancies in California, it is the intent of the Legislature to occupy the field with regard to this subject. Cities, counties, and other local entities are prohibited from enacting a local law on this subject.
(b)The comprehensive ordinances and regulations of the City and County of San Francisco regarding the treatment and control of bed bug infestations are deemed to satisfy this chapter and are not preempted.
1954.605.The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operators findings. The notification shall be in writing and made within two business days of receipt of the pest control operators findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operators findings.
SEC. 4.Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.
(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice pursuant to Section 1954.14, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.Section 1954.1 of the Civil Code is amended and renumbered to read:1954.05.In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.
SEC. 3.Chapter 2.5 (commencing with Section 1954.1) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:2.5.Bed Bug Infestations1954.1.The Legislature finds and declares:
(a)Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control.
(b)Tenants, property owners, and pest control operators have distinct rights and responsibilities regarding bed bug infestations.
(c)Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.
(d)Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
(e)Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.
(f)Specific, enforceable duties of tenants and landlords are necessary so that the failure of a tenant or landlord to cooperate fully does not prevent effective investigation, treatment, and monitoring of all infested and surrounding units.
1954.11.For the purposes of this chapter:
(a)Bed bug management plan means a written plan prepared by a pest control operator for a property. The plan will outline the responsibilities of the landlord and tenants and shall be consistent with NPMA best practices and tailored to the conditions at the property. The plan shall include, but is not limited to, the following:
(1)Education of tenants to reduce the risk of introduction of bed bugs to the property and to encourage reporting. Education methods and frequency shall be based on resources of the landlord.
(2)Housekeeping and building maintenance procedures to help prevent bed bug harborage, including recommendations from a pest control operator about correcting bed bug hiding places and entry points, for example by sealing cracks and crevices in walls, ceilings, and floors, and fixing loose moldings and peeling wallpaper.
(3)The landlords process for responding to complaints and a brief statement of the requirements of this chapter.
(4)Written documentation of any bed bug treatment program.
(5)Use of monitoring devices on a proactive basis, routine monitoring inspections by trained employees or licensed pest control operators, if appropriate, as determined by the pest control operator and based upon the resources of the landlord.
(6)A complaint log that documents compliance with this chapter.
(b)Bed bug treatment program means a program, based on NPMA best practices, for treating an infestation to remove or kill visible and accessible bed bugs and their eggs, either immediately or through residual effects. The program shall be structured to continue until the infestation is controlled.
(c)Complaint log means part of a bed bug management plan that tracks a landlords ongoing responses to each bed bug report over the preceding two years. The complaint log shall include, but is not limited to, records pertaining to verification inspection and inspection inspections and inspections of adjacent units, results of inspections, records of notices provided to tenants, unit preparation inspections, treatment type, locations and dates, and followup inspections.
(d)Inspection means an investigation of the premises, using NPMA best practices to confirm or rule out a bed bug infestation, to identify all infested areas to determine treatment tactics, or to verify that an infestation has been eliminated.
(e)NPMA best practices means best management practices for bed bugs issued by the National Pest Management Association in effect on January 1, 2015. 2016. NPMA best practices does not include practices or actions that conflict with federal or state law.
(f)Pest control operator means an individual with a Branch 2 license from the Structural Pest Control Board.
(g)Pretreatment checklist means unit preparation requirements tailored to the treatment method, consistent with NPMA best practices, including, but not limited to, easy-to-understand instructions, pictures, and diagrams, prepared by the pest control operator and provided to tenants by the landlord or pest control operator. The checklist shall include instructions for how to treat tenant clothing, personal furnishings, and other belongings, if treatment is required, and shall provide contact information for the pest control operator to answer questions prior to treatment.
1954.12.On and after July 1, 2016, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2017. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a)General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:
Information about Bed Bugs
Bed bug Appearance: Adult bed bugs have flat bodies about 1/4 of an inch in length. They are copper colored and have six legs. Young bed bugs are nearly colorless and are very small, about 1/16 of an inch in length. Bed bugs do not fly. They either crawl or are carried from place to place. When a bed bug feeds, its body swells and becomes bright red, making it appear to be a different insect. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: The typical lifespan of a bed bug is 10 months. They can survive for months without feeding. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bug Bites: Because bed bugs usually feed at night when people are sleeping, most people do not realize they were bitten. Bed bugs do not transmit disease but are a nuisance. A persons reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be apparent until many days after a person was bitten.
Common signs of bed bugs and symptoms of a possible infestation:
Small red to reddish brown fecal spots on mattresses, upholstery, or walls.
Molted bed bug skins, white, sticky eggs, or empty eggshells.
Very heavily infested areas may have a characteristically sweet odor.
Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping.
More information: See the websites web sites of the United States Environmental Protection Agency, California Department of Public Health, California State Structural Pest Control Board, and the National Pest Management Association.
(b)The procedure to report suspected infestations to the landlord.
(c)Whether If applicable, a statement that the property has a bed bug management plan.
(d)A copy of this chapter.
1954.13.A tenant shall not knowingly bring onto a property personal furnishings or belongings that the tenant knows or reasonably should know are infested with bed bugs.
1954.14.(a)Within seven calendar days after a tenant finds or reasonably suspects a bed bug infestation at a property, the tenant shall notify the landlord in writing of that fact and the evidence of infestation. Evidence of infestation includes, but is not limited to, any recurring or unexplained bites, stings, irritation, or sores of the skin that the tenant knows or reasonably suspects are caused by bed bugs.
(b)Within five business days after a tenant or a public agency notifies a landlord of an infestation or a suspected infestation, the landlord shall retain the services of a pest control operator to verify the tenants complaint suspected infestation and to conduct an inspection, if determined to be necessary by the pest control operator.
(c)Entry to inspect a tenants dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs have been eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator.
(d)If a pest control operators inspection confirms that a bed bug infestation exists:
(1)The landlord shall notify all tenants of units identified for treatment by the pest control operator of the findings of infestation. The notification shall be in writing and made within 48 hours two business days of receipt of the pest control operators findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operators findings.
(2)If further inspections of the affected units or surrounding units are necessary as determined by the pest control operator, based on the NPMA best practices, subsequent notices shall include information about future inspections, unless that information was disclosed in a prior notice. Each subsequent entry shall require a separate notice conforming to Section 1954.
1954.15.(a)After an infestation is confirmed as described in Section 1954.14, the landlord shall contract with a pest control operator to prepare and implement a bed bug treatment program to begin within a reasonable time. Ten Beginning the treatment program within 10 calendar days after the infestation confirmation is confirmed shall be presumed as to be a reasonable time.
(b)At least seven calendar days prior to treatment, the landlord shall provide to the affected tenants with the following:
(1)A cover sheet from the landlord, in at least 10-point type, disclosing:
(A)The date or dates of treatment, the deadline for tenant preparation of the unit, and the date, approximate hour, and length of time, if any, the tenant shall be required to be absent from the unit.
(B)A statement that the tenant may request assistance or an extension of time to prepare the unit, to the extent required by law, to reasonably accommodate a disability.
(C)A statement that a tenant not entitled to a reasonable accommodation under law may also request an extension of time to prepare the unit.
(2)A pretreatment checklist with information provided by the pest control operator, which shall be in accordance with NPMA best practices.
(c)The tenant shall fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the pest control operators pretreatment checklist. Tenants shall be responsible for the management of their belongings, including, but not limited to, clothing and personal furnishings.
(d)Tenants who are not able to fulfill their unit preparation responsibilities shall promptly notify the landlord. For a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit, the landlord shall extend the preparation time by three business days.
(e)If an extension of time is provided in order to reasonably accommodate a tenant required under law to receive a reasonable accommodation, or for other tenants as provided in subdivision (d), the landlord shall provide all affected tenants with a notice of the revised dates and times specified in subparagraph (A) of paragraph (1) of subdivision (a) (b), as necessary.
(f)A tenant shall cooperate in vacating his or her unit as notified for treatment purposes and shall not reenter the unit until directed by the pest control operator to do so.
(g)Inspection of unit preparation and bed bug treatment and posttreatment inspection and monitoring of all affected and surrounding units as recommended by the pest control operator are a necessary service for the purpose of Section 1954. In addition to the cover sheet and any revisions under subdivision (e), the landlord shall provide separate written notice of entry pursuant to Section 1954 to affected tenants for all treatments and inspections.
1954.16.After No later than 30 calendar days after a bed bug infestation is confirmed by a pest control operator, or by a code enforcement officer or a health officer under paragraph (12) of subdivision (a) of Section 17920.3 of the Health and Safety Code, a pest control operator and the landlord shall prepare a written bed bug management plan for the property. This plan shall be made available to tenants upon request.
1954.17.It is unlawful for a landlord to rent or lease, or offer to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
1954.18.Service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities under this chapter shall not be considered unlawful retaliation under Section 1942.5.
1954.19.If a landlord has received notice of an infestation and follows the procedures is in compliance with the requirements of this chapter, the property shall not, with respect to bed bugs, be considered to be substandard as defined in Section 17920.3 of the Health and Safety Code, to be untenantable as defined in Section 1941.1, or to be in breach of the implied warranty of habitability.
1954.20.A landlord or tenant, when disposing of items personal property that they own or control, that is infested with bed bugs, including, but not limited to, bedding, furniture, clothing, draperies, carpeting, or padding, shall securely seal the material property in a plastic bag that is all of the following:
(a)Of a size as to readily contain the disposed material.
(b)Labeled as being infested with bed bugs.
(c)Furnished as needed to the tenant by the property owner landowner or pest control operator.
1954.21.In addition to any other remedies provided by law, a landlord or tenant may sue for injunctive or declaratory relief for violations of this chapter.
1954.22.A landlord shall not be liable for any damages due to delays in bed bug treatment and control that are outside the landlords control.
1954.23.Failure to comply with NPMA best practices shall not constitute a violation of this chapter if copies of the NPMA best practices are not available to the public free of charge.
1954.23.1954.24.(a)Except as provided in subdivision (b), to the end of providing a single, uniform approach to the treatment of bed bug infestations in residential tenancies in California, it is the intent of the Legislature to occupy the field with regard to this subject. Cities, counties, and other local entities are prohibited from enacting a local law on this subject.
(b)The comprehensive ordinances and regulations of the City and County of San Francisco regarding the treatment and control of bed bug infestations are deemed to satisfy this chapter and are not preempted.
(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice pursuant to Section 1954.14, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.Section 1954.1 of the Civil Code is amended and renumbered to read:1954.05.In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.
SEC. 3.Chapter 2.5 (commencing with Section 1954.1) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:2.5.Bed Bug Infestations1954.1.The Legislature finds and declares:
(a)Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control.
(b)Tenants, property owners, and pest control operators have distinct rights and responsibilities regarding bed bug infestations.
(c)Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.
(d)Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
(e)Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.
(f)Specific, enforceable duties of tenants and landlords are necessary so that the failure of a tenant or landlord to cooperate fully does not prevent effective investigation, treatment, and monitoring of all infested and surrounding units.
1954.11.For the purposes of this chapter:
(a)Bed bug management plan means a written plan prepared by a pest control operator for a property. The plan will outline the responsibilities of the landlord and shall be consistent with NPMA best practices and tailored to the conditions at the property. The plan shall include, but is not limited to, the following:
(1)Education of tenants to reduce the risk of introduction of bed bugs to the property and to encourage reporting. Education methods and frequency shall be based on resources of the landlord.
(2)Housekeeping and building maintenance procedures to help prevent bed bug harborage, including recommendations from a pest control operator about correcting bed bug hiding places and entry points, for example by sealing cracks and crevices in walls, ceilings, and floors, and fixing loose moldings and peeling wallpaper.
(3)The landlords process for responding to complaints and a brief statement of the requirements of this chapter.
(4)Written documentation of any bed bug treatment program.
(5)Use of monitoring devices on a proactive basis, routine monitoring inspections by trained employees or licensed pest control operators, if appropriate, as determined by the pest control operator and based upon the resources of the landlord.
(6)A complaint log that documents compliance with this chapter.
(b)Bed bug treatment program means a program, based on NPMA best practices, for treating an infestation to remove or kill visible and accessible bed bugs and their eggs, either immediately or through residual effects. The program shall be structured to continue until the infestation is controlled.
(c)Complaint log means part of a bed bug management plan that tracks a landlords ongoing responses to each bed bug report. The complaint log shall include, but is not limited to, verification inspection and inspection of adjacent units, results of inspections, records of notices provided to tenants, unit preparation inspections, treatment type, locations and dates, and follow up followup inspections.
(d)Inspection means an investigation of the premises, using NPMA best practices to confirm or rule out a bed bug infestation, to identify all infested areas to determine treatment tactics, or to verify that an infestation has been eliminated.
(e)NPMA best practices means best management practices for bed bugs issued by the National Pest Management Association in effect on January 1, 2015.
(f)Pest control operator means an individual with a Branch 2 license from the Structural Pest Control Board.
(g)Pretreatment checklist means unit preparation requirements tailored to the treatment method, consistent with NPMA best practices, including, but not limited to, easy-to-understand instructions, pictures, and diagrams, prepared by the pest control operator and provided to tenants by the landlord or pest control operator. The checklist shall include instructions for how to treat tenant clothing, personal furnishings furnishings, and other belongings, if treatment is required, and shall provide contact information for the pest control operator to answer questions prior to treatment.
1954.12.On and after July 1, 2016, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2017. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a)General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:
Information about Bed Bugs
Bed bug Appearance: Adult bed bugs have flat bodies about 1/4 of an inch in length. They are copper colored and have six legs. Young bed bugs are nearly colorless and are very small, about 1/16 of an inch in length. Bed bugs do not fly. They either crawl or are carried from place to place. When a bed bug feeds, its body swells and becomes bright red, making it appear to be a different insect. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: The typical life span lifespan of a bed bug is 10 months. They can survive for months without feeding. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bug Bites: Because bed bugs usually feed at night when people are sleeping, most people do not realize they were bitten. Bed bugs do not transmit disease but are a nuisance. A persons reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be apparent until many days after a person was bitten.
Common signs of bed bugs and symptoms of a possible infestation:
Small red to reddish brown fecal spots on mattresses, upholstery, or walls.
Molted bed bug skins, white, sticky eggs, or empty eggshells.
Very heavily infested areas may have a characteristically sweet odor.
Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping.
More information: See the websites of the United States Environmental Protection Agency Agency, California State Structural Pest Control Board, and the National Pest Management Association.
(b)The procedure to report suspected infestations to the landlord.
(c)Whether the property has a bed bug management plan.
(d)A copy of this chapter.
1954.13.A tenant shall not knowingly bring onto a property personal furnishings or belongings that are infested with bed bugs.
1954.14.(a)Within seven days after a tenant finds or reasonably suspects a bed bug infestation at a property, the tenant shall notify the landlord in writing of that fact and the evidence of infestation. Evidence of infestation includes, but is not limited to, any recurring or unexplained bites, stings, irritation, or sores of the skin that the tenant knows or reasonably suspects are caused by bed bugs.
(b)Within three five business days after a tenant or a public agency notifies a landlord of an infestation or suspected infestation, the landlord shall retain the services of a pest control operator to verify the tenants complaint and to conduct an inspection, if determined to be necessary by the pest control operator.
(c)Entry to inspect a tenants dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs have been eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection of bed bugs, including providing requested information to facilitate the detection of bed bugs to the pest control operator.
(d)If a pest control operators inspection confirms that a bed bug infestation exists:
(1)The landlord shall notify all tenants of units identified for treatment by the pest control operator of the findings of infestation. The notification shall be in writing and made within 48 hours of receipt of the pest control operators findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operators findings.
(2)If further inspections of the affected units or surrounding units are necessary as determined by the pest control operator, based on the NPMA best practices, subsequent notices shall include information about future inspections. Each subsequent entry shall require a separate notice conforming to Section 1954.
1954.15.(a)After an infestation is confirmed as described in Section 1954.14, the landlord shall contract with a pest control operator to prepare and implement a bed bug treatment program to begin within a reasonable time. Ten days after the infestation confirmation shall be presumed as a reasonable time.
(b)At least seven calendar days prior to treatment, the landlord shall provide to the affected tenants with the following:
(1)A cover sheet from the landlord, in at least 10-point type, disclosing:
(A)The date or dates of treatment, the deadline for tenant preparation of the unit, and the date, hour, and length of time, if any, the tenant shall be absent from the unit.
(B)A statement that the tenant may request assistance or an extension of time to prepare the unit, to the extent required by law, to reasonably accommodate a disability.
(C)A statement that a tenant not entitled to a reasonable accommodation under law may also request an extension of time to prepare the unit.
(2)A pretreatment checklist with information provided by the pest control operator, which shall be in accordance with NPMA best practices.
(c)The tenant shall fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the pest control operators pretreatment checklist. Tenants shall be responsible for the management of their belongings, including, but not limited to, clothing and personal furnishings.
(d)Tenants who are not able to fulfill their unit preparation responsibilities shall promptly notify the landlord. For a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit, the landlord shall extend the preparation time by three days.
(e)If an extension of time is provided in order to reasonably accommodate a tenant required under law to receive a reasonable accommodation, or for other tenants as provided in subdivision (d), the landlord shall provide all affected tenants with a notice of the revised dates specified in subparagraph (A) of paragraph (1) of subdivision (a).
(f)A tenant shall cooperate in vacating his or her unit as notified for treatment purposes and shall not reenter the unit until directed by the pest control operator to do so.
(g)Inspection of unit preparation and bed bug treatment and posttreatment inspection and monitoring of all affected and surrounding units as recommended by the pest control operator are a necessary service for the purpose of Section 1954. In addition to the cover sheet and any revisions under subdivision (e), the landlord shall provide separate written notice of entry pursuant to Section 1954 for treatments.
1954.16.After a bed bug infestation is confirmed by a pest control operator operator, or by a code enforcement officer or by a health officer under paragraph (12) of subdivision (a) of Section 17920.3 of the Health and Safety Code, a pest control operator and the landlord shall prepare a written bed bug management plan for the property. This plan shall be made available to tenants upon request.
1954.17.It is unlawful for a landlord to rent or lease, or offer to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
1954.18.Service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities under this chapter shall not be considered unlawful retaliation under Section 1942.5.
1954.19.A property that is undergoing an active bed bug treatment program in compliance with this chapter If a landlord has notice of an infestation and follows the procedures of this chapter, the property shall not, with respect to bed bugs, be considered to be substandard as defined in Section 17920.3 of the Health and Safety Code, to be untenantable as defined in Section 1941.1, or to be in breach of the implied warranty of habitability.
1954.20.A landlord or tenant disposing of items infested with bed bugs, including, but not limited to, bedding, furniture, clothing, draperies, carpeting, or padding, shall securely seal the material in a plastic bag that is all of the following:
(a)Of a size as to readily contain the disposed material.
(b)Labeled as being infested with bed bugs.
(c)Furnished as needed to the tenant by the property owner or pest control operator.
1954.21.In addition to any other remedies provided by law, a landlord or tenant may sue for injunctive or declaratory relief for violations of this chapter.
1954.22.A landlord shall not be liable for any damages due to delays in bed bug treatment and control that are outside the landlords control.
1954.23.(a)Except as provided in subdivision (b), to the end of providing a single, uniform approach to the treatment of bed bug infestations in residential tenancies in California, it is the intent of the Legislature to occupy the field with regard to this subject. Cities, counties, and other local entities are prohibited from enacting a local law on this subject.
(b)The comprehensive ordinances and regulations of the City and Country County of San Francisco regarding the treatment and control of bed bug infestations are deemed to satisfy this chapter and are not preempted.
(a)If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1)After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice pursuant to Section 1954.14, or has made an oral complaint to the lessor regarding tenantability.
(2)After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3)After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4)After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5)After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b)A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c)It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees association or an organization advocating lessees rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessors conduct was, in fact, retaliatory.
(d)Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e)Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f)Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1)The actual damages sustained by the lessee.
(2)Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g)In any action brought for damages for retaliatory eviction, the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(h)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.Section 1954.1 of the Civil Code is amended and renumbered to read:1954.1.1954.05.In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.
SEC. 3.Chapter 2.5 (commencing with Section 1954.1) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:2.5.Bed Bug Infestations1954.1.The Legislature finds and declares:
(a)Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control.
(b)Tenants, property owners, and pest control operators have distinct rights and responsibilities regarding bed bug infestations.
(c)Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.
(d)Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
(e)Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.
(f)Specific, enforceable duties of tenants and landlords are necessary so that the failure of a tenant or landlord to cooperate fully does not prevent effective investigation, treatment, and monitoring of all infested and surrounding units.
1954.11.For the purposes of this chapter:
(a)Bed bug management plan means a written plan prepared by a pest control operator for a property. The plan will outline the responsibilities of the landlord and shall be consistent with NPMA best practices and tailored to the conditions at the property. The plan shall include, but is not limited to, the following:
(1)Education of tenants to reduce the risk of introduction of bed bugs to the property and to encourage reporting. Education methods and frequency shall be based on resources of the landlord.
(2)Housekeeping and building maintenance procedures to help prevent bed bug harborage, including recommendations from a pest control operator about correcting bed bug hiding places and entry points, for example by sealing cracks and crevices in walls, ceilings, and floors, and fixing loose moldings and peeling wallpaper.
(3)The landlords process for responding to complaints and a brief statement of the requirements of this chapter.
(4)Written documentation of any bed bug treatment program.
(5)Use of monitoring devices on a proactive basis, routine monitoring inspections by trained employees or licensed pest control operators, if appropriate, as determined by the pest control operator and based upon the resources of the landlord.
(6)A complaint log that documents compliance with this chapter.
(b)Bed bug treatment program means a program, based on NPMA best practices, for treating an infestation to remove or kill visible and accessible bed bugs and their eggs, either immediately or through residual effects. The program shall be structured to continue until the infestation is controlled.
(c)Complaint log means part of a bed bug management plan that tracks a landlords ongoing responses to each bed bug report. The complaint log shall include, but is not limited to, verification inspection and inspection of adjacent units, results of inspections, records of notices provided to tenants, unit preparation inspections, treatment type, locations and dates, and follow up inspections.
(d)Inspection means an investigation of the premises, using NPMA best practices to confirm or rule out a bed bug infestation, to identify all infested areas to determine treatment tactics, or to verify that an infestation has been eliminated.
(e)NPMA best practices means best management practices for bed bugs issued by the National Pest Management Association in effect on January 1, 2015.
(f)Pest control operator means an individual with a Branch 2 license from the Structural Pest Control Board.
(g)Pretreatment checklist means unit preparation requirements tailored to the treatment method, consistent with NPMA best practices, including, but not limited to, easy-to-understand instructions, pictures, and diagrams, prepared by the pest control operator and provided to tenants by the landlord or pest control operator. The checklist shall include instructions for how to treat tenant clothing, personal furnishings and other belongings, if treatment is required, and shall provide contact information for the pest control operator to answer questions prior to treatment.
1954.12.On and after July 1, 2016, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2017. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a)General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:
Information about Bed Bugs
Bed bug Appearance: Adult bed bugs have flat bodies about 1/4 of an inch in length. They are copper colored and have six legs. Young bed bugs are nearly colorless and are very small, about 1/16 of an inch in length. Bed bugs do not fly. They either crawl or are carried from place to place. When a bed bug feeds, its body swells and becomes bright red, making it appear to be a different insect. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: The typical life span of a bed bug is 10 months. They can survive for months without feeding. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bug Bites: Because bed bugs usually feed at night when people are sleeping, most people do not realize they were bitten. Bed bugs do not transmit disease but are a nuisance. A persons reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be apparent until many days after a person was bitten.
Common signs of bed bugs and symptoms of a possible infestation:
Small red to reddish brown fecal spots on mattresses, upholstery, or walls.
Molted bed bug skins, white, sticky eggs, or empty eggshells.
Very heavily infested areas may have a characteristically sweet odor.
Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping.
More information: See the websites of the United States Environmental Protection Agency and the National Pest Management Association.
(b)The procedure to report suspected infestations to the landlord.
(c)Whether the property has a bed bug management plan.
(d)A copy of this chapter.
1954.13.A tenant shall not knowingly bring onto a property personal furnishings or belongings that are infested with bed bugs.
1954.14.(a)Within seven days after a tenant finds or reasonably suspects a bed bug infestation at a property, the tenant shall notify the landlord in writing of that fact and the evidence of infestation. Evidence of infestation includes, but is not limited to, any recurring or unexplained bites, stings, irritation, or sores of the skin that the tenant knows or reasonably suspects are caused by bed bugs.
(b)Within three business days after a tenant or a public agency notifies a landlord of an infestation or suspected infestation, the landlord shall retain the services of a pest control operator to verify the tenants complaint and to conduct an inspection, if determined to be necessary by the pest control operator.
(c)Entry to inspect a tenants dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs have been eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection of bed bugs, including providing requested information to facilitate the detection of bed bugs to the pest control operator.
(d)If a pest control operators inspection confirms that a bed bug infestation exists:
(1)The landlord shall notify all tenants of units identified for treatment by the pest control operator of the findings of infestation. The notification shall be in writing and made within 48 hours of receipt of the pest control operators findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operators findings.
(2)If further inspections of the affected units or surrounding units are necessary as determined by the pest control operator, based on the NPMA best practices, subsequent notices shall include information about future inspections. Each subsequent entry shall require a separate notice conforming to Section 1954.
1954.15.(a)After an infestation is confirmed as described in Section 1954.14, the landlord shall contract with a pest control operator to prepare and implement a bed bug treatment program to begin within a reasonable time. Ten days after the infestation confirmation shall be presumed as a reasonable time.
(b)At least seven calendar days prior to treatment, the landlord shall provide to the affected tenants with the following:
(1)A cover sheet from the landlord, in at least 10-point type, disclosing:
(A)The date or dates of treatment, the deadline for tenant preparation of the unit, and the date, hour, and length of time, if any, the tenant shall be absent from the unit.
(B)A statement that the tenant may request assistance or an extension of time to prepare the unit, to the extent required by law, to reasonably accommodate a disability.
(C)A statement that a tenant not entitled to a reasonable accommodation under law may also request an extension of time to prepare the unit.
(2)A pretreatment checklist with information provided by the pest control operator, which shall be in accordance with NPMA best practices.
(c)The tenant shall fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the pest control operators pretreatment checklist. Tenants shall be responsible for the management of their belongings, including, but not limited to, clothing and personal furnishings.
(d)Tenants who are not able to fulfill their unit preparation responsibilities shall promptly notify the landlord. For a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit, the landlord shall extend the preparation time by three days.
(e)If an extension of time is provided in order to reasonably accommodate a tenant required under law to receive a reasonable accommodation, or for other tenants as provided in subdivision (d), the landlord shall provide all affected tenants with a notice of the revised dates specified in subparagraph (A) of paragraph (1) of subdivision (a).
(f)A tenant shall cooperate in vacating his or her unit as notified for treatment purposes and shall not reenter the unit until directed by the pest control operator to do so.
(g)Inspection of unit preparation and bed bug treatment and posttreatment inspection and monitoring of all affected and surrounding units as recommended by the pest control operator are a necessary service for the purpose of Section 1954. In addition to the cover sheet and any revisions under subdivision (e), the landlord shall provide separate written notice of entry pursuant to Section 1954 for treatments.
1954.16.After a bed bug infestation is confirmed by a pest control operator or by a health officer under paragraph (12) of subdivision (a) of Section 17920.3 of the Health and Safety Code, a pest control operator and the landlord shall prepare a written bed bug management plan for the property. This plan shall be made available to tenants upon request.
1954.17.It is unlawful for a landlord to rent or lease, or offer to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
1954.18.Service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities under this chapter shall not be considered unlawful retaliation under Section 1942.5.
1954.19.A property that is undergoing an active bed bug treatment program in compliance with this chapter shall not, with respect to bed bugs, be considered to be substandard as defined in Section 17920.3 of the Health and Safety Code, to be untenantable as defined in Section 1941.1, or to be in breach of the implied warranty of habitability.
1954.20.A landlord or tenant disposing of items infested with bed bugs, including, but not limited to, bedding, furniture, clothing, draperies, carpeting, or padding, shall securely seal the material in a plastic bag that is all of the following:
(a)Of a size as to readily contain the disposed material.
(b)Labeled as being infested with bed bugs.
(c)Furnished as needed to the tenant by the property owner or pest control operator.
1954.21.In addition to any other remedies provided by law, a landlord or tenant may sue for injunctive or declaratory relief for violations of this chapter.
1954.22.A landlord shall not be liable for any damages due to delays in bed bug treatment and control that are outside the landlords control.
1954.23.(a)Except as provided in subdivision (b), to the end of providing a single, uniform approach to the treatment of bed bug infestations in residential tenancies in California, it is the intent of the Legislature to occupy the field with regard to this subject. Cities, counties, and other local entities are prohibited from enacting a local law on this subject.
(b)The comprehensive ordinances and regulations of the City and Country of San Francisco regarding the treatment and control of bed bug infestations are deemed to satisfy this chapter and are not preempted.
SECTION 1.It is the intent of the Legislature to enact legislation that would adopt statewide standards to govern the responsibility of landlords and tenants for the inspection and control of bedbugs in residential rental properties.
It is the intent of the Legislature to enact legislation that would adopt statewide standards to govern the responsibility of landlords and tenants for the inspection and control of bedbugs in residential rental properties.
|
Date
|
Status
|
|---|---|
| Jul 15, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 2, 2016 | Enrolled and presented to the Governor at 12 p.m. |
| Aug 29, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 15. Page 6349.). |
| Aug 29, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 24, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77. |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 5271.). |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2016 | Read second time. Ordered to third reading. |
| Aug 19, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 1, 2016 | Read second time. Ordered to third reading. |
| Jun 30, 2016 | Ordered to second reading. |
| Jun 30, 2016 | From inactive file. |
| Sep 8, 2015 | Ordered to inactive file at the request of Senator Jackson. |
| Feb 23, 2015 | Read first time. To print. |
| Jul 14, 2015 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (July 7). |
| Jun 18, 2015 | Referred to Com. on JUD. |
| Jun 3, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 11. Page 1840.) |
| Jun 3, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 3, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2015 | Read second time. Ordered to third reading. |
| May 14, 2015 | Read second time and amended. Ordered returned to second reading. |
| May 13, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (May 12). |
| Apr 6, 2015 | Re-referred to Com. on JUD. |
| Mar 26, 2015 | Referred to Com. on JUD. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2016 | AB 551 NAZARIAN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 23, 2016 | Assembly 3rd Reading AB551 Nazarian By Jackson | Senate Floor |
Passed |
|
| Jul 7, 2015 | Do pass as amended | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 3, 2015 | AB 551 NAZARIAN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 12, 2015 | Do pass as amended. | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Apartment Association Of Orange County | ** Against | Aug 23, 2016 |
| Apartment Association, California Southern Cities | ** Against | Aug 23, 2016 |
| California Apartment Association | ** Support | Aug 23, 2016 |
| California Association Of Realtors | ** Support | Aug 23, 2016 |
| East Bay Rental Housing Association | ** Against | Aug 23, 2016 |
| Mosquito And Vector Control Association Of California | ** Support | Aug 23, 2016 |
| Nor Cal Rental Property Owners Association | ** Against | Aug 23, 2016 |
| North Valley Property Owners Association | ** Against | Aug 23, 2016 |
| San Diego County Apartment Association | ** Against | Aug 23, 2016 |
| Western Center On Law And Poverty Inc. | ** Support | Aug 23, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 551
Author:(Nazarian)
As Amended Ver:August 19, 2016
Majority vote
ASSEMBLY: | 63-11 | (June 3, 2015) | SENATE: | 29-10 | (August 23, 2016) |
Original Committee Reference: JUD.
SUMMARY: Establishes new requirements for landlords and tenants to facilitate the prompt treatment and control of bed bugs in residential rental housing. Specifically, this bill:
- Requires a landlord, on and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, to provide a written notice to the prospective tenant that includes, but is not limited to: a) general information about bed bug identification, behavior and biology, the importance of cooperation for prevention, treatment and prompt written reporting of suspected infestations; and b) the procedure to report suspected infestations to the landlord.
- Requires the above notice to be provided to all other (existing) tenants by January 1, 2018.
- Provides that a landlord may not engage in any retaliatory conduct against a tenant who has notified the landlord of finding or reasonably suspecting a bed bug infestation on the property.
- Prohibits a landlord from renting or leasing, or offering to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
- Clarifies that the above prohibition does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation, and that the landlord shall be considered to have notice if a bed bug infestation is evident on visual inspection.
- Requires tenants to cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information necessary to facilitate the detection of bed bugs to the pest control operator (PCO).
- Permits entry into a tenant's unit selected by the PCO to conduct inspection for bedbugs and permits entry for follow-up inspections of surrounding units until bed bugs are eliminated, as long as the entry complies with requirements for advance notice and other provisions of Civil Code Section 1954.
- Requires the landlord to notify all tenants of units inspected by the PCO of the PCO's findings. Further requires the notification to be in writing and within two business days of receipt of the pest control operator's findings, and requires the notice of the findings notice to be provided to all tenants for confirmed infestations in common areas.
The Senate amendments:
- Narrow the scope of the bill by deleting selected provisions that prescribe various duties of landlords and tenants in the case of bed bug infestation in rental housing.
- Revise the contents of the written notice containing information about bedbugs provided by landlords to prospective tenants, beginning January 1, 2017, and to all other tenants, by January 1, 2018.
- Clarify that the bill does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation.
- Revise the Legislative findings and declarations to recommend that the Structural Pest Control Board establish training in bed bug management as part of any minimum hour requirement for PCOs, as specified, and that PCOs follow best practices, such as those created by the National Pest Management Association when investigating or treating a bed bug infestation in a residential rental property.
- Include language to avoid chaptering out conflict with AB 2881 (Assembly Judiciary Committee) of the current legislative session.
FISCAL EFFECT: None
COMMENTS: This bill seeks for the first time to establish the duties of landlords and tenants with regard to the treatment and control of bed bugs in rental housing. According to the author, bed bugs are a major problem in residential multifamily housing, and several California cities rank in the top 50 in the nation in terms of bed bug infestations, with Los Angeles now ranking at number two. The author states: "Cooperation between landlords and tenants is essential to effectively treat bed bugs... The absence of bed bug protocols and management laws, leave landlords and tenants, without clear direction on how to approach bed bug situations. This bill ensures landlords and tenants alike work together to resolve the issue in an equitable manner."
Methods of control. According to the National Pest Management Association (NPMA), there are multiple methods of controlling bed bugs that a professional can employ as part of a bed bug management program, including vacuuming (physical removal), steam treatment, heat treatment, mattress encasement, cold freeze treatment, fumigation, and use of insecticides. Bed bug treatment can be particularly disruptive in multiunit buildings because a treatment plan may not be truly effective unless all neighboring apartments to the left, right, above, and below are also treated, depending on the spread of bed bugs throughout the building. Heat treatment of the entire room or apartment is an increasingly popular method of treatment because it provides more flexibility for use in cluttered environments than traditional pesticide application. Bed bugs can be killed by heating the areas that harbor bed bugs in the apartment to a recommended 118 degrees Fahrenheit for a total of 90 minutes. In most cases, a heat treatment session occurs during the course of one day, and the tenant may be able to return to the premises without being displaced overnight; this is in contrast to a situation where fumigation of an entire structure is sought, and a tenant may be displaced for multiple days.
Importance of cooperation needed between landlords and tenants to effectively treat infestations of bed bugs. According to the author, cooperation among landlords, tenants, and pest control operators is required for successful control of bed bugs, particularly because the bugs have developed resistance to insecticidal control measures. Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Effective control is more likely to occur when landlords and tenants are informed about the best practices for bed bug control. Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations.
Proponents contend that the NPMA best practice guidelines are "nationally recognized" and "reflect the best and most current knowledge with respect to bed bugs." Accordingly, the bill finds and declares that: 1) PCOs with knowledge and education in current best practices for bed bug management, such as those created by the NPMA, are best equipped to help property owners and tenants eradicate bed bugs from their home; and 2) the Structural Pest Control Board should incorporate training in bed bug management based on the NPMA best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license.
Informational notices to prospective tenants. First, this bill requires the landlord to provide prospective tenants with information about bed bugs generally, as well as a notice describing the landlord's procedure for reporting a suspected bed bug infestation. This requirement applies to all new tenancies created on or after July 1, 2017, but would also require the bed bug informational notice to be provided to all existing tenants by January 1, 2018. Amendments to the bill revise the information about bed bugs provided to tenants, including information about the appearance of bed bugs and how to spot signs of possible infestation.
Tenants protected from retaliatory eviction for reporting bed bug problems. In order to encourage tenants to report early indications of bed bug infestation, rather than failing to report for possible fear of retaliation, this bill protects tenants who report signs of infestation from retaliatory eviction under Civil Code Section 1942.5. Specifically, this bill provides that the landlord may not take retaliatory action against a tenant who has provided notice to the landlord of a suspected bed bug infestation.
Proper notice for entry. Importantly, this bill clarifies that any entry to inspect the tenant's unit for bed bugs must still comply with the 24-hour advance notice required under Civil Code (CC) Section 1954, whether the entry is sought by the landlord or by the PCO, or is for an initial inspection, or a follow-up inspection. For the purpose complying with CC Section 1954, this bill clarifies that entry to inspect any unit selected by the PCO and to conduct follow-up inspections of surrounding units until bed bugs are eliminated are necessary services authorizing entry into the premises. This bill further requires the tenant to cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is needed to facilitate such detection and treatment. This obligation reflects the importance of cooperation by both the landlord and tenant to help the PCO identify and treat the bed bug infestation as soon as possible.
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0004830
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 551
: 8/19/16
SENATE JUDICIARY COMMITTEE: 5-1, 7/7/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Moorlach
NO VOTE RECORDED: Anderson
ASSEMBLY FLOOR: 63-11, 6/3/15 - See last page for vote
SOURCE: Western Center on Law and Poverty
DIGEST: This bill requires landlords to provide prospective tenants, on and after July 1, 2017, and to all other tenants by January 1, 2018, specified information about bed bugs and procedures to report suspected bed bug infestations. This bill also prohibits a landlord from renting or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified, and prohibits a landlord from retaliating against a tenant for reporting a suspected bed bug infestation.
Senate Floor Amendments of 8/19/16 eliminate certain provisions relating to landlord and tenant duties.
Existing law:
- Regulates the terms and conditions of residential tenancies. (Civ. Code Sec. 1940 et seq.)
- Requires the lessor of a building intended for the occupation of human beings, in the absence of an agreement to the contrary, to put it into a condition fit for such occupation, and to repair all subsequent dilapidations thereof, which render it untenantable. (Civ. Code Sec. 1941.)
- Provides that any building or portion thereof including any dwelling unit, guestroom or suite of rooms, in which there exists an infestation of insects, vermin, or rodents to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed a substandard building. (Health & Saf. Code Sec. 17920.3.)
- Creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. (Civ. Code Sec. 1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)
- Limits when a landlord may enter a rented dwelling unit, including for purposes of making necessary or agreed upon repairs, alterations, or improvements to the unit. Existing law requires landlords to provide tenants with reasonable notice prior to entry, and states that 24 hours shall be presumed to be reasonable notice in the absence of evidence to the contrary. (Civ. Code Sec. 1954.)
This bill:
- Makes specified findings and declarations relative to bed bugs and efforts to control bed bug infestations in residential tenancies.
- Requires a landlord, on and after July 1, 2017, for new tenancies, and by January 1, 2018, for all other tenancies, to provide tenants with a written notice concerning bed bugs and the procedure to report suspected bed bug infestations to the landlord, as specified.
- States that entry to inspect a tenant’s dwelling unit shall comply with Civil Code Section 1954, that entry to inspect any unit selected by the pest control operator and to conduct follow-up inspections of surrounding units until the bed bugs have been eliminated is a necessary service for the purpose of Section 1954, and that tenants shall cooperate with inspections to facilitate the detection and treatment of bed bugs.
- Requires the following actions following a pest control operator’s confirmation of a bed bug infestation:
- The landlord shall notify in writing all tenants of units inspected by the pest control operator within two business days of the inspection; and
- All tenants shall be provided notice of the pest control operator’s findings for confirmed infestations in common areas.
- States that a landlord shall not show, rent, or lease, any vacant dwelling unit that the landlord knows has a current bed bug infestation, as specified.
- Precludes a lessor from retaliating against a lessee for reporting a bed bug infestation by limiting the lessor’s ability to recover possession of the dwelling in an action or proceeding, by causing the lessee to quit involuntarily, by increasing the rent, or by decreasing any services, within 180 days following such reporting, as specified.
Background
According to a researcher at the University of Minnesota:
Bed bugs, Cimex lectularius, have resurged to quickly become a very important pest of the 21st century, as they invade numerous urban areas. Our society has had a 30+ year “vacation” from this pest, when bed bugs were almost completely removed from North America as a result of mass treatments with older types of insecticides (DDT, Chlordane, Lindane). Recently though, bed bugs have found ample opportunity to increase in numbers and spread through society. Their success is a result of a combination of factors: increased travel of people; improved treatment methods that specifically target other insect pests (and thus [do] not impact bed bugs); and the lack of public awareness. In addition to homes and hotels, bed bugs are also being found in schools, retail facilities, office buildings, libraries, and other public areas. (Dr. Stephen Kells, Prevention and Control of Bed Bugs in Residences <http://www.extension.umn. edu/garden/insects/find/bed-bugs-in-residences/ [as of Aug. 22, 2016].)
The U.S. Environmental Protection Agency (EPA), the federal Centers for Disease Control and Prevention, and the United States Department of Agriculture all consider bed bugs to be a public health pest. (EPA, Introduction to Bed Bugs <http://www2.epa.gov/bedbugs/introduction-bed-bugs [as of Aug. 22, 2016].) While bed bugs are not known to transmit or spread disease, they can cause a variety of negative physical health, mental health, and economic consequences, including:
- Allergic reactions to their bites, which can be severe. Effects ranging from no reaction to a small bite mark to, in rare cases, anaphylaxis (a severe, whole-body reaction);
- Secondary infections of the skin from the bite reaction, such as impetigo, ecthyma, and lymphangitis; and
- Mental health impacts on people living in infested homes. Reported effects include anxiety, insomnia and systemic reactions. (EPA, Bed Bugs: A Public Health Issue <http://www2.epa.gov/bedbugs/bed-bugs-public-health-issue [as of Aug. 22, 2016].)
Several recent media reports have noted a significant presence of bed bugs in some California cities. According to one such report, in 2014 Los Angeles ranked as the fourth most infested city in the United States, and the greater Bay Area, including San Francisco, Oakland and San Jose, ranked 16th. In 2013, Los Angeles was the second most infested American city, following Chicago, Illinois. (Dennis Romero, This Means War: Bedbugs Are Infesting California, L.A. Weekly (May 8, 2015) <http://www.laweekly.com/news/this-means-war-bedbugs-are-infesting-california-5554644 [as of Aug. 22, 2016].)
This bill establishes new responsibilities for landlords when a bed bug infestation is discovered in a rental unit.
Comments
The author writes:
AB 551 is a critical step in providing landlords and tenants processes and procedures to address bed bug infestations and resolve the issue expeditiously. More often than not, a bed bug infestation is not reported timely enough due to fear of accountability. The absence of bed bug protocols and management laws leave landlords and tenants without clear direction on how to approach bed bug situations. This bill ensures landlords and tenants alike are protected and work together to resolve the issue in an equitable manner.
AB 551 creates processes and procedures between landlords and tenants for situations pertaining to bed bug infestation. They include:
- The distribution of information relating to bed bugs.
- Notification protocols for bed bug infestations between landlords and tenants.
- The initiation of a bed bug management plan in the event of an infestation.
- Rights pertaining to injunctive relief for violations, for both landlords and tenants.
Related/Prior Legislation
SB 328 (Hueso, Chapter 278, Statutes of 2015) requires a landlord or the landlord’s agent to provide a tenant, and any tenant of adjacent units, with advance written notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural pest control operator. The bill requires the posting of a similar notice at least 24 hours prior to applying a pesticide in a common area without a licensed structural pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied.
SB 488 (Hueso, Chapter 89, Statutes of 2013) authorized a code enforcement officer, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction, to deem a building to be a substandard building when the officer determines that an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants, as specified.
AB 967 (Hueso, 2013) would have, among other things, authorized a local enforcement agency, including an environmental agency, housing department, or building department, to deem a building to be a substandard building when the agency determines that an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. This bill died in the Assembly Housing and Community Development Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Western Center on Law and Poverty (source)
California Apartment Association
California Association of Realtors
Mosquito and Vector Control Association of California
OPPOSITION: (Verified 8/22/16)
Apartment Association, California Southern Cities
Apartment Association of Orange County
East Bay Rental Housing Association
Nor Cal Rental Property Owners Association
North Valley Property Owners Association
San Diego County Apartment Association
ASSEMBLY FLOOR: 63-11, 6/3/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
NOES: Bigelow, Brough, Chávez, Beth Gaines, Grove, Harper, Melendez, Obernolte, Patterson, Wagner, Waldron
NO VOTE RECORDED: Chang, Gallagher, Hadley, Kim, Linder, O'Donnell
8/22/16 22:32:17
**** END ****
AB 551
Page 10
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 551
Amended: 7/15/15 in Senate
SENATE JUDICIARY COMMITTEE: 5-1, 7/7/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Moorlach
NO VOTE RECORDED: Anderson
ASSEMBLY FLOOR: 63-11, 6/3/15 - See last page for vote
SUBJECT: Rental property: bed bugs
SOURCE: Western Center on Law and Poverty
DIGEST: This bill requires landlords to provide prospective tenants with specified information about bed bugs, prohibits tenants from bringing items infested with bed bugs onto a property, and requires tenants who find bed bug infestations to notify their landlord within seven days. This bill requires a landlord to retain the services of a pest control operator after receiving notification of an infestation, and if an infestation is confirmed requires the landlord to contract with a pest control operator to prepare and implement a bed bug treatment program and a bed bug management plan. This bill prohibits a landlord from renting or leasing a vacant dwelling unit that the landlord knows, or reasonably should know, has a bed bug infestation.
Existing law:
Regulates the terms and conditions of residential tenancies. (Civ. Code Sec. 1940 et seq.)
Requires the lessor of a building intended for the occupation of human beings, in the absence of an agreement to the contrary, to put it into a condition fit for such occupation, and to repair all subsequent dilapidations thereof, which render it untenantable. (Civ. Code Sec. 1941.)
Provides that any building or portion thereof including any dwelling unit, guestroom or suite of rooms, in which there exists an infestation of insects, vermin, or rodents to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed a substandard building. (Health & Saf. Code Sec. 17920.3.)
Creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. (Civ. Code Sec. 1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)
Limits when a landlord may enter a rented dwelling unit, including for purposes of making necessary or agreed upon repairs, alterations, or improvements to the unit. Requires landlords to provide tenants with reasonable notice prior to entry, and states that 24 hours shall be presumed to be reasonable notice in the absence of evidence to the contrary. (Civ. Code Sec. 1954.)
This bill:
Makes specified findings and declarations relative to bed bugs and efforts to control bed bug infestations in residential tenancies.
Requires a landlord, on and after July 1, 2016, for new tenancies, and by January 1, 2017, for all other tenancies, to provide tenants with a written notice concerning bed bugs and the procedure to report suspected bed bug infestations to the landlord, as specified.
Prohibits a tenant from bringing onto a property personal furnishings or belongings that the tenant knows or reasonably should know are infested with bed bugs.
Requires a tenant to notify the landlord in writing within seven days after the tenant finds or reasonably suspects a bed bug infestation at the property.
Requires a landlord to retain the services of a pest control operator to verify the report of a suspected infestation and to conduct an inspection, if determined to be necessary by the pest control operator, within five business days of receiving notice of a suspected bed bug infestation.
States that entry to inspect a tenant’s dwelling unit shall comply with Civil Code Section 1954, that entry to inspect any unit selected by the pest control operator and to conduct follow-up inspections of surrounding units until the bed bugs have been eliminated is a necessary service for the purpose of Section 1954, and that tenants shall cooperate with inspections to facilitate the detection and treatment of bed bugs.
Requires the following actions following a pest control operator’s confirmation of a bed bug infestation:
The landlord shall notify in writing all tenants of units identified for treatment by the pest control operator within two business days of the findings of infestation. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings; and
The landlord shall provide affected tenants with information about future inspections if further inspections of the affected units or surrounding units are necessary, as determined by the pest control operator, and shall provide notice prior to entry as required under existing law.
Requires a landlord to contract with a pest control operator to prepare and implement a bed bug treatment program to begin a reasonable time after an infestation is confirmed. Specifies that beginning the treatment program within 10 calendar days after an infestation is confirmed shall be presumed to be a reasonable time.
Requires, at least seven calendar days prior to treatment, the landlord to provide the affected tenants with all of the following:
A statement from the landlord disclosing the date or dates of treatment, the deadline for tenant preparation of the unit, and the date, approximate hour, and approximate length of time, if any, the tenant shall be required to be absent from the unit;
A statement that the tenant may request assistance or an extension of time to prepare the unit, to the extent required by law, to reasonably accommodate a disability, and a statement that any other tenant may also request an extension of time to prepare the unit; and
A pretreatment checklist with information provided by the pest control operator.
Specifies that a tenant shall fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the pest control operator’s pretreatment checklist, and that the tenant shall be responsible for the management of his or her belongings.
Requires tenants who are not able to fulfill their unit preparation responsibilities to promptly notify the landlord, and requires the landlord to extend the preparation time by three business days for a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit. If extensions of time are provided in order to reasonably accommodate a tenant required under law to receive a reasonable accommodation, or for other tenants, this bill requires the landlord to provide all affected tenants with notice of the revised dates and times of treatment, as necessary.
States that a tenant shall cooperate in vacating his or her unit as notified for treatment purposes and shall not reenter the unit until directed by the pest control operator to do so.
Specifies that inspection of unit preparation and bed bug treatment and post treatment inspection and monitoring of all affected and surrounding units as recommended by the pest control operator are necessary services for the purpose of Civil Code Section 1954, and requires the landlord to provide written notice of entry pursuant to that section for all treatments and inspections.
Requires, no later than 30 days after a bed bug infestation is confirmed by a pest control operator, or by a code enforcement officer or a health officer, a pest control operator and the landlord to prepare a written bed bug management plan for the property, and to make the management plan available to tenants upon request.
States that it is unlawful for a landlord to rent or lease, or offer to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
Precludes a lessor from retaliating against a lessee for reporting a bed bug infestation by limiting the lessor’s ability to recover possession of the dwelling in an action or proceeding, by causing the lessee to quit involuntarily, by increasing the rent, or by decreasing any services, within 180 days following such reporting, as specified. Specifies that service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities stated in the above provisions shall not be considered unlawful retaliation.
States that if a landlord has received notice of an infestation and is in compliance with the requirements of this bill, the property shall not, with respect to bed bugs, be considered to be substandard, untenantable, or to be in breach of the implied warranty of habitability.
States that a landlord or tenant disposing of items infested with bed bugs, including bedding, furniture, clothing, draperies, carpeting, or padding, shall securely seal the material in a plastic bag that is: of a size as to readily contain the disposed material; labeled as being infested with bed bugs; and furnished as needed to the tenant by the property owner or pest control operator.
Authorizes, in addition to any other remedies provided by law, a landlord or tenant to sue for injunctive or declaratory relief for violations of the above provisions.
Provides that a landlord shall not be liable for any damages due to delays in bed bug treatment and control that are outside the landlord’s control.
Defines the following terms:
“Bed bug management plan” means a written plan prepared by a pest control operator for a property that outlines the responsibilities of the landlord and tenant(s). Among other things, bed bug management plans shall address: education of tenants to reduce the risk of introduction of bed bugs to the property and to encourage reporting; housekeeping and building maintenance procedures to help prevent bed bug harborage; the landlord’s process for responding to bed bug related complaints; and documentation pertaining to bed bug treatment programs.
“Bed bug treatment program” means a program, based on National Pest Management Association (NPMA) best practices, for treating an infestation to remove or kill visible and accessible bed bugs and their eggs, either immediately or through residual effects, as specified.
“Complaint log” means part of a bed bug management plan that tracks a landlord’s ongoing responses to each bed bug report over the preceding two years, as specified.
“Inspection” means an investigation of the premises, using NPMA best practices to confirm or rule out a bed bug infestation, to identify all infested areas to determine treatment tactics, or to verify that an infestation has been eliminated.
“NPMA best practices” means best management practices for bed bugs issued by the National Pest Management Association in effect on January 1, 2016. “NMPA best practices” does not include practices or actions that conflict with federal or state law.
“Pest control operator” means an individual with a Branch 2 license from the Structural Pest Control Board.
“Pretreatment checklist” means unit preparation requirements tailored to the bed bug treatment method, consistent with NPMA best practices, including easy-to-understand instructions, pictures, and diagrams, prepared by the pest control operator and provided to tenants by the landlord or pest control operator, as specified.
States the intent of the Legislature to occupy the field with regard to this subject, and provides that cities, counties, and other local entities are prohibited from enacting a local law on this subject, except as specified.
Makes other technical and conforming changes.
Background
According to a researcher at the University of Minnesota:
Bed bugs, Cimex lectularius, have resurged to quickly become a very important pest of the 21st century, as they invade numerous urban areas. Our society has had a 30+ year “vacation” from this pest, when bed bugs were almost completely removed from North America as a result of mass treatments with older types of insecticides (DDT, Chlordane, Lindane). Recently though, bed bugs have found ample opportunity to increase in numbers and spread through society. Their success is a result of a combination of factors: increased travel of people; improved treatment methods that specifically target other insect pests (and thus [do] not impact bed bugs); and the lack of public awareness. In addition to homes and hotels, bed bugs are also being found in schools, retail facilities, office buildings, libraries, and other public areas. (Dr. Stephen Kells, Prevention and Control of Bed Bugs in Residences <http://www.extension.umn.edu/garden/insects/find/bed-bugs-in-residences/ [as of June 28, 2015].)
The U.S. Environmental Protection Agency (EPA), the federal Centers for Disease Control and Prevention, and the United States Department of Agriculture all consider bed bugs to be a public health pest. (EPA, Introduction to Bed Bugs <http://www2.epa.gov/bedbugs/introduction-bed-bugs [as of June 28, 2015].) While bed bugs are not known to transmit or spread disease, they can cause a variety of negative physical health, mental health, and economic consequences, including:
Allergic reactions to their bites, which can be severe. Effects ranging from no reaction to a small bite mark to, in rare cases, anaphylaxis (a severe, whole-body reaction);
Secondary infections of the skin from the bite reaction, such as impetigo, ecthyma, and lymphangitis; and
Mental health impacts on people living in infested homes. Reported effects include anxiety, insomnia and systemic reactions. (EPA, Bed Bugs: A Public Health Issue <http://www2.epa.gov/bedbugs/bed-bugs-public-health-issue [as of June 28, 2015].)
Several recent media reports have noted a significant presence of bed bugs in some California cities. According to one such report, in 2014 Los Angeles ranked as the fourth most infested city in the United States, and the greater Bay Area, including San Francisco, Oakland and San Jose, ranked 16th. In 2013, Los Angeles was the second most infested American city, following Chicago, Illinois. (Dennis Romero, This Means War: Bedbugs Are Infesting California, L.A. Weekly (May 8, 2015) <http://www.laweekly.com/news/this-means-war-bedbugs-are-infesting-california-5554644 [as of June 28, 2015].)
This bill establishes new responsibilities for landlords and tenants when a bed bug infestation is discovered in a rental unit. This bill requires landlords and tenants to work cooperatively with pest control operators to formulate and execute a bed bug treatment program to eliminate the infestation. This bill also requires landlords and pest control operators to create a bed bug management plan after an infestation is detected to educate tenants about bed bugs and to prevent infestations from recurring.
Comments
The author writes:
AB 551 is a critical step in providing landlords and tenants processes and procedures to address bed bug infestations and resolve the issue expeditiously. More often than not, a bed bug infestation is not reported timely enough due to fear of accountability. The absence of bed bug protocols and management laws leave landlords and tenants without clear direction on how to approach bed bug situations. This bill ensures landlords and tenants alike are protected and work together to resolve the issue in an equitable manner.
AB 551 creates processes and procedures between landlords and tenants for situations pertaining to bed bug infestation. They include:
The distribution of information relating to bed bugs.
Notification protocols for bed bug infestations between landlords and tenants.
The initiation of a bed bug management plan in the event of an infestation.
Rights pertaining to injunctive relief for violations, for both landlords and tenants.
Prior/Related Legislation
SB 328 (Hueso, 2015) requires a landlord or the landlord’s agent to provide a tenant, and any tenant of adjacent units, with advance written notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural pest control operator. The bill requires the posting of a similar notice at least 24 hours prior to applying a pesticide in a common area without a licensed structural pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied. The bill is pending in the Assembly Judiciary Committee.
SB 488 (Hueso, Chapter 89, Statutes of 2013) authorized a code enforcement officer, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction, to deem a building to be a substandard building when the officer determines that an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants, as specified.
AB 967 (Hueso, 2013) would have, among other things, authorized a local enforcement agency, including an environmental agency, housing department, or building department, to deem a building to be a substandard building when the agency determines that an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. The bill died in the Assembly Housing and Community Development Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Western Center on Law and Poverty (source)
California Apartment Association
California Association of Realtors
Mosquito and Vector Control Association of California
Apartment Association, California Southern Cities
Apartment Association of Orange County
East Bay Rental Housing Association
Nor Cal Rental Property Owners Association
North Valley Property Owners Association
San Diego County Apartment Association
ARGUMENTS IN SUPPORT: According to the California Apartment Association, this bill takes on the challenge of bed bug prevention and control as it relates to residential rental property. This bill requires the landlord to provide to every tenant information about bed bugs and the rights and responsibilities of both landlords and tenants. This bill prohibits tenants from bringing items known to be infested into the unit, and tenants are mandated to report any suspected infestations as soon as possible so that the problem can be addressed before the bed bug population increases. Once the bed bugs have been controlled, the property will remain subject to a bed bug management plan, prepared by the owner and pest control operator, to ensure that any future bed bug problem is swiftly addressed. This bill strikes a reasonable balance between the needs of landlords and tenants with respect to bed bug control and if enacted will help reduce the bed bug population throughout California.
ARGUMENTS IN OPPOSITION: According to the San Diego County Apartment Association, the requirement of a bed bug management plan unduly burdens small property owners who will have to pay for a pest control operator to develop a management plan for their property immediately after paying for treatment of an infestation. Small property owners do not have the same operating budgets as large multifamily communities, most of whom have management plans in place. Pest control operators, knowing that the property owner is required to obtain a plan, could charge substantial prices for plans, which are likely to be boilerplate. Furthermore, industry best practices, including those recommended by the National Pest Management Association already exist that could easily be made into model management plans for owners of smaller properties.
ASSEMBLY FLOOR: 63-11, 6/3/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
NOES: Bigelow, Brough, Chávez, Beth Gaines, Grove, Harper, Melendez, Obernolte, Patterson, Wagner, Waldron
NO VOTE RECORDED: Chang, Gallagher, Hadley, Kim, Linder, O'Donnell
Prepared by: Tobias Halvarson / JUD. / (916) 651-4113
7/15/15 14:55:39
**** END ****
AB 551 (Nazarian)
Page 13 of 13
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 551 (Nazarian)
Version: May 14, 2015
Hearing Date: July 7, 2015
Fiscal: No
Urgency: No
TH
SUBJECT
Rental Property: Bed Bugs
DESCRIPTION
This bill would require landlords to provide prospective tenants, on and after July 1, 2016, and to all other tenants by January 1, 2017, specified information about bed bugs, would prohibit tenants from bringing items infested with bed bugs onto a property, and would require tenants who find bed bug infestations to notify their landlord within 7 days.
This bill would require a landlord to retain the services of a pest control operator after receiving notification of an infestation, and if an infestation is confirmed would require the landlord to contract with a pest control operator to prepare and implement a bed bug treatment program and a bed bug management plan. This bill would require landlords to provide affected tenants with specified information about the treatment plan, and would require tenants to fulfill responsibilities for unit preparation before a scheduled treatment, to be responsible for the management of their belongings, and to vacate their units as necessary to implement the treatment program.
This bill would prohibit a landlord from renting or leasing a vacant dwelling unit that the landlord knows, or reasonably should know, has a bed bug infestation, would provide that an eviction proceeding to enforce tenant responsibilities imposed by this bill does not constitute retaliation, and would state that a property for which a landlord has received notice of an infestation and follows the procedures required under this bill to treat the infestation is not, with respect to bed bugs, to be considered substandard or untenantable. This bill would specify that a landlord or tenant may sue for injunctive relief for violations of its provisions, and would prohibit cities, counties, and other local entities from enacting a local law relating to this subject, as specified.
(This analysis reflects author’s amendments to be offered in Committee.)
BACKGROUND
According to a researcher at the University of Minnesota:
Bed bugs, Cimex lectularius, have resurged to quickly become a very important pest of the 21st century, as they invade numerous urban areas. Our society has had a 30+ year “vacation” from this pest, when bed bugs were almost completely removed from North America as a result of mass treatments with older types of insecticides (DDT, Chlordane, Lindane). Recently though, bed bugs have found ample opportunity to increase in numbers and spread through society. Their success is a result of a combination of factors: increased travel of people; improved treatment methods that specifically target other insect pests (and thus [do] not impact bed bugs); and the lack of public awareness. In addition to homes and hotels, bed bugs are also being found in schools, retail facilities, office buildings, libraries, and other public areas. (Dr. Stephen Kells, Prevention and Control of Bed Bugs in Residences <http://www.extension.umn.edu/garden/insects/find/bed-bugs-in-residences/> [as of Jun. 28, 2015].)
The U.S. Environmental Protection Agency (EPA), the federal Centers for Disease Control and Prevention, and the United States Department of Agriculture all consider bed bugs to be a public health pest. (EPA, Introduction to Bed Bugs <http://www2.epa.gov/bedbugs/introduction-bed-bugs> [as of Jun. 28, 2015].) While bed bugs are not known to transmit or spread disease, they can cause a variety of negative physical health, mental health, and economic consequences, including:
allergic reactions to their bites, which can be severe. Effects ranging from no reaction to a small bite mark to, in rare cases, anaphylaxis (a severe, whole-body reaction);
secondary infections of the skin from the bite reaction, such as impetigo, ecthyma, and lymphangitis; and
mental health impacts on people living in infested homes. Reported effects include anxiety, insomnia and systemic reactions. (EPA, Bed Bugs: A Public Health Issue <http://www2.epa.gov/bedbugs/bed-bugs-public-health-issue> [as of Jun. 28, 2015].)
Several recent media reports have noted a significant presence of bed bugs in some California cities. According to one such report, in 2014 Los Angeles ranked as the fourth most infested city in the United States, and the greater Bay Area, including San Francisco, Oakland and San Jose, ranked 16th. In 2013, Los Angeles was the second most infested American city, following Chicago, Illinois. (Dennis Romero, This Means War: Bedbugs Are Infesting California, L.A. Weekly (May 8, 2015) <http://www.laweekly.com/news/this-means-war-bedbugs-are-infesting-california-5554644> [as of Jun. 28, 2015].)
This bill would establish new responsibilities for landlords and tenants when a bed bug infestation is discovered in a rental unit. The bill would require landlords and tenants to work cooperatively with pest control operators to formulate and execute a bed bug treatment program to eliminate the infestation. The bill would also require landlords and pest control operators to create a bed bug management plan after an infestation is detected to educate tenants about bed bugs and to prevent infestations from recurring.
CHANGES TO EXISTING LAW
Existing law regulates the terms and conditions of residential tenancies. (Civ. Code Sec. 1940 et seq.)
Existing law requires the lessor of a building intended for the occupation of human beings, in the absence of an agreement to the contrary, to put it into a condition fit for such occupation, and to repair all subsequent dilapidations thereof, which render it untenantable. (Civ. Code Sec. 1941.)
Existing law provides that any building or portion thereof including any dwelling unit, guestroom or suite of rooms, in which there exists an infestation of insects, vermin, or rodents to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed a substandard building. (Health & Saf. Code Sec. 17920.3.)
Existing law creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. (Civ. Code Sec. 1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)
Existing law limits when a landlord may enter a rented dwelling unit, including for purposes of making necessary or agreed upon repairs, alterations, or improvements to the unit. Existing law requires landlords to provide tenants with reasonable notice prior to entry, and states that 24 hours shall be presumed to be reasonable notice in the absence of evidence to the contrary. (Civ. Code Sec. 1954.)
This bill would make specified findings and declarations relative to bed bugs and efforts to control bed bug infestations in residential tenancies.
This bill would require a landlord, on and after July 1, 2016, for new tenancies, and by January 1, 2017, for all other tenancies, to provide tenants with a written notice concerning bed bugs and the procedure to report suspected bed bug infestations to the landlord, as specified.
This bill would prohibit a tenant from bringing onto a property personal furnishings or belongings that the tenant knows or reasonably should know are infested with bed bugs.
This bill would require a tenant to notify the landlord in writing within seven days after the tenant finds or reasonably suspects a bed bug infestation at the property.
This bill would require a landlord to retain the services of a pest control operator to verify the report of a suspected infestation and to conduct an inspection, if determined to be necessary by the pest control operator, within five business days of receiving notice of a suspected bed bug infestation.
This bill would state that entry to inspect a tenant’s dwelling unit shall comply with Civil Code Section 1954, that entry to inspect any unit selected by the pest control operator and to conduct follow-up inspections of surrounding units until the bed bugs have been eliminated is a necessary service for the purpose of Section 1954, and that tenants shall cooperate with inspections to facilitate the detection and treatment of bed bugs.
This bill would require the following actions following a pest control operator’s confirmation of a bed bug infestation:
the landlord shall notify in writing all tenants of units identified for treatment by the pest control operator within two business days of the findings of infestation. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings; and
the landlord shall provide affected tenants with information about future inspections if further inspections of the affected units or surrounding units are necessary, as determined by the pest control operator, and shall provide notice prior to entry as required under existing law.
This bill would require a landlord to contract with a pest control operator to prepare and implement a bed bug treatment program to begin a reasonable time after an infestation is confirmed. This bill would specify that beginning the treatment program within ten calendar days after the infestation is confirmed shall be presumed to be a reasonable time.
This bill would require, at least seven calendar days prior to treatment, the landlord to provide the affected tenants with all of the following:
a statement from the landlord disclosing the date or dates of treatment, the deadline for tenant preparation of the unit, and the date, approximate hour, and approximate length of time, if any, the tenant shall be required to be absent from the unit;
a statement that the tenant may request assistance or an extension of time to prepare the unit, to the extent required by law, to reasonably accommodate a disability, and a statement that any other tenant may also request an extension of time to prepare the unit; and
a pretreatment checklist with information provided by the pest control operator.
This bill would specify that a tenant shall fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the pest control operator’s pretreatment checklist, and that the tenant shall be responsible for the management of his or her belongings.
This bill would require tenants who are not able to fulfill their unit preparation responsibilities to promptly notify the landlord, and would require the landlord to extend the preparation time by three business days for a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit. If extensions of time are provided in order to reasonably accommodate a tenant required under law to receive a reasonable accommodation, or for other tenants, this bill would require the landlord to provide all affected tenants with notice of the revised dates and times of treatment, as necessary.
This bill would state that a tenant shall cooperate in vacating his or her unit as notified for treatment purposes and shall not reenter the unit until directed by the pest control operator to do so.
This bill would specify that inspection of unit preparation and bed bug treatment and post treatment inspection and monitoring of all affected and surrounding units as recommended by the pest control operator are necessary services for the purpose of Civil Code Section 1954, and would require the landlord to provide written notice of entry pursuant to this section for all treatments and inspections.
This bill would require, no later than 30 days after a bed bug infestation is confirmed by a pest control operator, or by a code enforcement officer or a health officer, a pest control operator and the landlord to prepare a written bed bug management plan for the property, and to make the management plan available to tenants upon request.
This bill would state that it is unlawful for a landlord to rent or lease, or offer to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
This bill would preclude a lessor from retaliating against a lessee for reporting a bed bug infestation by limiting the lessor’s ability to recover possession of the dwelling in an action or proceeding, by causing the lessee to quit involuntarily, by increasing the rent, or by decreasing any services, within 180 days following such reporting, as specified. This bill would specify that service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities stated in the above provisions shall not be considered unlawful retaliation.
This bill would state that if a landlord has received notice of an infestation and is in compliance with the requirements of this bill, the property shall not, with respect to bed bugs, be considered to be substandard, untenantable, or to be in breach of the implied warranty of habitability.
This bill would state that a landlord or tenant disposing of items infested with bed bugs, including bedding, furniture, clothing, draperies, carpeting, or padding, shall securely seal the material in a plastic bag that is: of a size as to readily contain the disposed material; labeled as being infested with bed bugs; and furnished as needed to the tenant by the property owner or pest control operator.
This bill would authorize, in addition to any other remedies provided by law, a landlord or tenant to sue for injunctive or declaratory relief for violations of the above provisions.
This bill would provide that a landlord shall not be liable for any damages due to delays in bed bug treatment and control that are outside the landlord’s control.
This bill would define the following terms:
“Bed bug management plan” means a written plan prepared by a pest control operator for a property that outlines the responsibilities of the landlord and tenant(s). Among other things, bed bug management plans shall address: education of tenants to reduce the risk of introduction of bed bugs to the property and to encourage reporting; housekeeping and building maintenance procedures to help prevent bed bug harborage; the landlord’s process for responding to bed bug related complaints; and documentation pertaining to bed bug treatment programs.
“Bed bug treatment program” means a program, based on National Pest Management Association (NPMA) best practices, for treating an infestation to remove or kill visible and accessible bed bugs and their eggs, either immediately or through residual effects, as specified.
“Complaint log” means part of a bed bug management plan that tracks a landlord’s ongoing responses to each bed bug report over the preceding two years, as specified.
“Inspection” means an investigation of the premises, using NPMA best practices to confirm or rule out a bed bug infestation, to identify all infested areas to determine treatment tactics, or to verify that an infestation has been eliminated.
“NPMA best practices” means best management practices for bed bugs issued by the National Pest Management Association in effect on January 1, 2016. “NMPA best practices” does not include practices or actions that conflict with federal or state law.
“Pest control operator” means an individual with a Branch 2 license from the Structural Pest Control Board.
“Pretreatment checklist” means unit preparation requirements tailored to the bed bug treatment method, consistent with NPMA best practices, including easy-to-understand instructions, pictures, and diagrams, prepared by the pest control operator and provided to tenants by the landlord or pest control operator, as specified.
This bill would state the intent of the Legislature to occupy the field with regard to this subject, and would provide that cities, counties, and other local entities are prohibited from enacting a local law on this subject, except as specified.
This bill would make other technical and conforming changes.
COMMENT
Stated need for the bill
The author writes:
AB 551 is a critical step in providing landlords and tenants processes and procedures to address bed bug infestations and resolve the issue expeditiously. More often than not, a bed bug infestation is not reported timely enough due to fear of accountability. The absence of bed bug protocols and management laws leave landlords and tenants without clear direction on how to approach bed bug situations. This bill ensures landlords and tenants alike are protected and work together to resolve the issue in an equitable manner.
AB 551 creates processes and procedures between landlords and tenants for situations pertaining to bed bug infestation. They include:
The distribution of information relating to bed bugs.
Notification protocols for bed bug infestations between landlords and tenants.
The initiation of a bed bug management plan in the event of an infestation.
Rights pertaining to injunctive relief for violations, for both landlords and tenants.
Bed Bug Abatement Procedures
This bill would establish a comprehensive response framework for abating bed bug infestations in residential tenancies. Before an infestation occurs, landlords would be required to give new and existing tenants written notices about bed bugs, how to identify infestations, and procedures to report infestations to the landlord. As soon as bed bugs are found at a property, tenants would be required to notify their landlord within seven days, and the landlord would have five days after receiving notice to retain the services of a pest control operator to verify the infestation. Once an infestation is verified by a pest control operator, the landlord would have two business days to notify affected tenants (or all tenants in the case of common areas) of the infestation, and ten days to prepare and implement a bed bug treatment program via contract with a pest control operator.
Seven days prior to implementing the treatment program, the landlord would be required to provide affected tenants with a written notice indicating the date(s) and time(s) of treatment, information about whether the unit must be vacated during treatment, and a pretreatment checklist of tasks the tenant must perform to prepare the unit for treatment. If a tenant is unable to complete the pretreatment checklist in advance of the designated treatment date, he or she may request a three day extension, or a longer period if needed to accommodate a disability.
No more than 30 days after the infestation is verified by a pest control operator or other qualified governmental agent, the landlord must contract with a pest control operator to prepare a bed bug management plan. Unlike a treatment plan, the bed bug management plan is meant to prevent recurrence of bed bug infestations through educating tenants, keeping records of bed bug related complaints and activities, modifying housekeeping and building maintenance procedures, and implementing routine monitoring for the presence of bed bugs.
According to the sponsor, the Western Center on Law & Poverty, these procedures “would take the first steps to establishing a structure to deal with bed bugs,” and result from “a working group of landlords and tenant groups seeking to find consensus on how to treat this difficult problem.” The California Apartment Association, writing in support, states that this bill “strikes a reasonable balance between the needs of landlords and tenants with respect to [bed bug] control and if enacted will help reduce the [bed bug] population throughout California.”
Notice of Entry
Existing law conditions when a landlord may enter a unit that has been leased or rented to a tenant. Civil Code Section 1954 states that a landlord may enter a dwelling unit only in specified conditions, including, for example, in emergencies, to make necessary or agreed repairs and improvements, to supply necessary or agreed services, and to exhibit the dwelling unit to prospective purchasers. These restrictions on entry by a landlord help to ensure that a tenant enjoys quiet possession of the unit during his or her tenancy. If a landlord is to make entry into a leased or rented unit for an authorized purpose, typically the landlord must provide the tenant with advance written notice 24 hours before the anticipated entry, stating both the purpose for the entry and the approximate time when the entry will occur. Written notice is not required if the landlord and tenant orally agree to permit the landlord to enter, under certain circumstances.
This bill would follow the existing advance notice protocol by requiring a landlord to provide written notice to a tenant pursuant to Section 1954 before entering a unit, with or without a pest control operator, to inspect for bed bugs, to treat a bed bug infestation, or to conduct post-infestation inspections and monitoring. Advance notification prior to entry will help ensure that tenants are not unduly burdened during the bed bug abatement process, and that their right to quiet enjoyment of the dwelling unit is not undermined.
Opposition Concerns
The San Diego County Apartment Association (SDCAA), writing in opposition, has expressed concern about the costs of preparing a bed bug management plan as proposed in this bill. They state:
The requirement of a bed bug management plan unduly burdens small property owners who will have to pay for a pest control operator to develop a management plan for their property . . . immediately after paying for treatment of an infestation. Small property owners do not have the same operating budgets as large multifamily communities, most of whom have management plans in place. Pest control operators, knowing that the property owner is required to obtain a plan, could charge substantial prices for plans, which are likely to be boilerplate. Furthermore, industry best practices, including those recommended by the National Pest Management Association (NPMA) already exist that could easily be made into model management plans for owners of smaller properties.
SDCAA has also expressed concern about landlords having to carry the full financial burden of abating bed bugs found in residential tenancies. They state:
The costs associated with the treatment of an infestation should not be bourn solely by landlords. Unfortunately, tenants are typically found to be the parties that bring the [bed bugs] onto the property. The law should state clearly that if a tenant is responsible for an infestation, they can be charged for the treatment of their unit and any other units requiring treatment as a result. There are simple steps that tenants can take to prevent infestations, such as not bringing used or second-hand furniture onto the property and promptly notifying the landlord of a suspected infestation, which can help lessen the risk of a community-wide infestation.
Author’s Amendments
The author offers the following amendments to clarify different aspects of the bill, including the timing of certain actions and the joint responsibilities tenants and landlords have in abating and preventing bed bug infestations.
Author’s Amendments:
On page 5, line 34, after “landlord” insert “and tenant(s)”
On page 6, line 22, strike “report.” and insert “report over the preceding two years.”
On page 6, line 23, before “verification” insert “records pertaining to”
On page 6, line 24, strike “inspection and inspection” and insert “inspections and inspections”
On page 6, line 34, strike “2015.” and insert “2016.”
On page 6, line 34, after the period insert: “NMPA best practices” does not include practices or actions that conflict with federal or state law.
On page 7, line 34, strike “Bed bugs do not transmit disease but are a nuisance.”
On page 8, line 9, before “California” insert “California Department of Public Health,”
On page 8, line 15, strike “Whether” and insert “If applicable, a statement that”
On page 8, strike line 16
On page 8, line 17, strike “knowingly”
On page 8, line 18, following “that” insert “the tenant knows or reasonably should know”
On page 8, line 19, after “seven” insert “calendar”
On page 8, line 27, strike “an infestation or” and insert “a”
On page 8, line 29, strike “tenant’s complaint” and insert “suspected infestation”
On page 8, line 36, following “detection” insert “and treatment”
On page 8, line 37, following “information” insert “that is necessary”
On page 8, line 37, following “detection” insert “and treatment”
On page 9, line 3, strike “48 hours” and insert “two business days”
On page 9, line 10, strike “inspections.” and insert “inspections, unless such information was disclosed in a prior notice.”
On page 9, line 10, strike “subsequent”
On page 9, line 11, strike “a separate”
On page 9, line 15, strike “Ten” and insert “Beginning the treatment program within ten calendar”
On page 9, line 16, strike “confirmation” and insert “is confirmed”
On page 9, line 16, strike “as” and insert “to be”
On page 9, line 22, before “hour” insert “approximate”
On page 9, line 22, before “length” insert “approximate”
On page 9, line 23, after “be” insert “required to be”
On page 10, line 2, after “three” insert “business”
On page 10, line 7, after “dates” insert “and times”
On page 10, line 8, strike “subdivision (a).” and insert “subdivision (b), as necessary.”
On page 10, line 17, strike “separate”
On page 10, line 18, strike “for treatments.” and insert “to affected tenants for all treatments and inspections.”
On page 10, line 19, strike “After” and insert “No later than 30 calendar days after”
On page 10, line 34, after “has” insert “received”
On page 10, line 34, strike “follows the procedures” and insert “is in compliance with the requirements”
On page 10, line 39, strike “tenant” and insert “tenant, when”
On page 10, line 39, strike “items” and insert “personal property that they own or control, which is”
On page 11, line 1, strike “material” and insert “property”
On page 11, line 5, strike “property owner” and insert “landowner”
On page 11, between lines 12 and 13, insert “1954.23. Failure to comply with NMPA best practices shall not constitute a violation of this chapter if copies of the NMPA best practices are not available to the public free of charge.”
On page 11, line 13, strike “1954.23” and insert “1954.24”
Support: California Apartment Association; California Association of Realtors; Mosquito and Vector Control Association of California
Opposition: San Diego County Apartment Association
HISTORY
Source: Western Center on Law and Poverty
Related Pending Legislation: SB 328 (Hueso, 2015) would require a landlord or the landlord’s agent to provide a tenant, and any tenant of adjacent units, with advance written notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural pest control operator. This bill would require the posting of a similar notice at least 24 hours prior to applying a pesticide in a common area without a licensed structural pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied. This bill is pending in the Assembly Judiciary Committee.
Prior Legislation:
SB 488 (Hueso, Ch. 89, Stats. 2013) authorized a code enforcement officer, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction, to deem a building to be a substandard building when the officer determines that an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants, as specified.
AB 967 (Hueso, 2013) would have, among other things, authorized a local enforcement agency, including an environmental agency, housing department, or building department, to deem a building to be a substandard building when the agency determines that an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. This bill died in the Assembly Housing and Community Development Committee.
Prior Vote:
Assembly Floor (Ayes 63, Noes 11)
Assembly Judiciary Committee (Ayes 7, Noes 0)
**************
AB 551
Page 5
ASSEMBLY THIRD READING
AB 551
(Nazarian)
As Amended May 14, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Judiciary |
7-0 |
Mark Stone, Alejo, Chau, Chiu, Cristina Garcia, Holden, Maienschein |
|
SUMMARY: Prescribes the duties of landlords and tenants with regard to the treatment and control of bed bugs in residential rental housing. Specifically, this bill:
Requires a landlord, on and after July 1, 2016, prior to creating a new tenancy for a dwelling unit, to provide a written notice to the prospective tenant that includes, but is not limited to: a) general information about bed bug identification, behavior and biology, the importance of cooperation for prevention, treatment and prompt written reporting of suspected infestations; b) the procedure to report suspected infestations to the landlord; c) whether the property has a bed bug management plan.
Prohibits a tenant from knowingly bringing personal furnishings or belongings that are infested with bed bugs onto the property.
Prohibits a landlord from renting or leasing, or offering to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
Requires the tenant to notify the landlord in writing within seven days upon finding or reasonably suspecting a bed bug infestation at a property along with evidence of infestation.
Requires the landlord, within five business days of being notified by a tenant or a public agency of an infestation or suspected infestation, to retain the services of a pest control operator (PCO) to verify the complaint and to conduct an inspection, if determined to be necessary by the PCO.
Requires tenants to cooperate with the inspection to facilitate the detection of bed bugs, including providing requested information to facilitate the detection of bed bugs to the PCO.
Requires the landlord, after a bed bug infestation is confirmed by a pest control operator, to do all of the following:
Provide written notification of the finding of infestation to all tenants of units identified for treatment by the PCO within 48 hours of receipt of the PCO’s findings. Further requires such notification to be provided to all tenants for confirmed infestations in common areas.
Contract with a PCO to prepare and implement a bed bug treatment program to begin within a reasonable time, where 10 days after the confirmed infestation is presumed to be a reasonable time.
Provide to affected tenants at least seven calendar days prior notice of: i) the dates of treatment; ii) the deadline for the tenant to prepare the unit; and iii) the date, time, and length of time the tenant must be absent from the unit.
Provide notice to the tenant of his or her right to ask for an extension of time to prepare the premises and to have a copy of the PCO's pretreatment checklist.
Prepare a written bed bug management plan for the property and make it available to tenants upon request.
Requires an affected tenant, after a bed bug infestation is confirmed by a pest control operator, to do all of the following:
Fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the PCO's pretreatment checklist, including responsibility for management of belongings such as clothing and personal furnishings.
Promptly notify the landlord if unable to fulfill the unit preparation responsibilities. For a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit, the landlord shall extend the preparation time by three days.
Cooperate in vacating his or her unit as notified for treatment purposes, and refrain from reentering the unit until directed by the PCO to do so.
Permits entry into a tenant's unit for selected purposes, including, among other things, for inspection of unit preparation, bed bug treatment, and post-treatment inspection and monitoring of all affected and surrounding units, as recommended by the PCO.
Provides that a landlord may not engage in any retaliatory conduct against a tenant who has notified the landlord of finding or reasonably suspecting a bed bug infestation on the property, except that service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities under this bill shall not be considered unlawful retaliation against a tenant.
Provides that if a landlord has notice of the infestation and follows the procedures of this bill, the property shall not, with respect to bed bugs, be considered: a) to be substandard as defined in Health and Safety Code Section 17920.3; b) to be untenantable as defined in Civil Code Section 1941.1; or c) to be in breach of the implied warranty of habitability.
Authorizes a landlord or tenant to sue for injunctive or declaratory relief for violations of these provisions, and shields a landlord from liability for any damages due to delays in bed bug treatment and control that are outside the landlord’s control.
Declares that, in the interest of providing a single, uniform approach to the treatment of bed bug infestations in residential tenancies in California, it is the intent of the Legislature to occupy the field with regard to this subject, and prohibits cities, counties, and other local entities from enacting a local law on this subject.
FISCAL EFFECT: None
COMMENTS: This bill seeks for the first time to establish the duties of landlords and tenants with regard to the treatment and control of bed bugs in rental housing. According to the author, bed bugs are a major problem in residential multifamily housing, and several California cities rank in the top 50 in the nation in terms of bed bug infestations, with Los Angeles now ranking at number two. The author states: "Cooperation between landlords and tenants is essential to effectively treat bed bugs. AB 551 is a critical step in providing landlords and tenants’ processes and procedures to address bedbug infestation and resolve the issue expeditiously. More often than not, a bedbug infestation is not reported timely enough due to fear of accountability. The absence of bed bug protocols and management laws, leave landlords and tenants, without clear direction on how to approach bed bug situations. This bill ensures landlords and tenants alike are protected and work together to resolve the issue in an equitable manner."
Methods of control. According to the National Pest Management Association (NPMA), there are multiple methods of controlling bed bugs that a professional can employ as part of a bed bug management program, including vacuuming (physical removal), steam treatment, heat treatment, mattress encasement, cold freeze treatment, fumigation, and use of insecticides. Bed bug treatment can be particularly disruptive in multiunit buildings because a treatment plan may not be truly effective unless all neighboring apartments to the left, right, above, and below are also treated, depending on the spread of bed bugs throughout the building.
Heat treatment of the entire room or apartment is an increasingly popular method of treatment because it provides more flexibility for use in cluttered environments than traditional pesticide application. Bed bugs can be killed by heating the areas that harbor bed bugs in the apartment to a recommended 118 degrees Fahrenheit for a total of 90 minutes. In most cases, a heat treatment session occurs during the course of one day, and the tenant may be able to return to the premises without being displaced overnight; this is in contrast to a situation where fumigation of an entire structure is sought, and a tenant may be displaced for multiple days. Treatment methods are just one important part of an integrated pest management (IPM) plan, which may also include things such as educating residents about bed bug prevention and control, making recommendations to property managers about sealing cracks and crevices, and correcting structural deficiencies to reduce the likelihood of re-infestation.
Importance of cooperation needed between landlords and tenants to effectively treat infestations of bed bugs. According to the author, cooperation among landlords, tenants, and pest control operators is required for successful control of bed bugs, particularly because the bugs have developed resistance to insecticidal control measures. Effective control is more likely to occur when landlords and tenants are informed about the best practices for bed bug control. Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or poor planning by landlords may exacerbate an infestation. For these reasons, landlord and tenant groups that support this bill agree that it is necessary to establish specific, enforceable duties for the parties so that the failure of a tenant or landlord to cooperate fully does not prevent effective investigation, treatment, and monitoring of all infested and surrounding units.
Rights and responsibilities of tenants and landlords: summary of timeline and procedure. According to the author, the absence of protocols for handling reported infestations of bed bugs in existing law leaves landlords and tenants without clear direction on how to proceed in such situations in a way that both ensures the infestation is properly treated as soon as possible, but also respects the rights of both tenants and landlords. This bill is a result of a working group of landlord and tenant groups that seeks to find consensus in developing such protocols and clearly establishing the respective rights and responsibilities of landlords and tenants when a bed bug infestation is suspected or identified. These protocols are summarized below.
Written bed bug management plan. Under this bill, a "bed bug management plan" is defined as a written plan prepared by a pest control operator for a particular property. The plan outlines the responsibilities of the landlord, and is required to be consistent with NPMA best practices and tailored to the conditions at the property. The plan includes, among other things: 1) housekeeping and building maintenance procedures to help prevent bed bug harborage; 2) the landlord’s process for responding to complaints and a brief statement of the requirements of the statute; and 3) written documentation of any bed bug treatment program. If a bed bug infestation has been confirmed, this bill then requires the landlord and a PCO to prepare a written bed bug management plan for the property and make the plan available to tenants upon request.
Proponents contend that the NPMA best practice guidelines are "nationally recognized" and "reflect the best and most current knowledge with respect to bed bugs." In support, California Apartment Association (CAA) explains the NPMA guidelines help address a problem that many property owners face - namely, what to consider when choosing a pest control operator and how to select a control method. CAA states: "Often property owners receive several bids. Not all property owners have the knowledge to select between those bids provided by the pest control operators, other than based on cost. This bill resolves this by specifying that all inspections, controls, and other work required by this bill must be done in accordance with the NPMA Guidelines." The bill is opposed, however, by some apartment associations on the basis that the bill improperly abdicates state health and safety standards to the NPMA, a private industry association. Because the bill requires a bed bug management plan to be consistent with NPMA best practices, opponents contend that the bill potentially allows for the disregard of the government's own health and safety standards developed to address bed bugs, in favor of the NPMA. Opponents also contend that because PCOs are state-licensed, trained and tested to treat pests, it is inappropriate for the bill to then direct PCOs to uphold NPMA guidelines instead of the existing state regulations on bed bug treatment that may conflict or otherwise prescribe a different course of action.
Informational notices to prospective tenants. First, this bill requires the landlord to provide prospective tenants with information about bed bugs generally, as well as a notice describing the landlord's procedure for reporting a suspected bed bug infestation and disclosing whether a bed bug management plan (as described above) exists for the property. This requirement applies to all new tenancies created on or after July 1, 2016, but would also require the bed bug informational notice to be provided to all existing tenants by January 1, 2017.
Report of suspected bed bug infestation. Under this bill, a tenant who finds or reasonably suspects a bed bug infestation on the rental property must notify the landlord in writing within seven days. As currently in print, this bill requires the landlord, within five business days of receiving such notice, to retain the services of a pest control operator to verify the tenant's complaint and conduct an inspection, if deemed necessary by the PCO. This bill further requires the tenant to cooperate with the inspection to facilitate the detection of bed bugs, including providing requested information to facilitate such detection. Again, this obligation reflects the importance of cooperation by both the landlord and tenant to help the PCO identify and treat the bed bug infestation as soon as possible.
Confirmation of bed bug infestation. If the PCO confirms that a bed bug infestation exists, then a whole range of new obligations are set into motion under this bill. First, the landlord is required within 48 hours to notify all tenants of units identified for treatment of the PCO's finding of a confirmed infestation. Next, this bill requires the landlord to contract with a PCO to prepare and implement a bed bug treatment program to begin within a reasonable time - presumed under this bill to be 10 days after confirmation of an infestation. At least seven days before the treatment is to occur, the landlord is required to provide affected tenants with an important notice that discloses the dates and times of the proposed treatment, and the length of time, if any, that the tenant shall be absent from the unit in order to allow the treatment to be conducted. This notice also provides the tenant with an opportunity to ask for an extension of time to prepare the unit for treatment, or for a reasonable accommodation, if disabled. Tenants are responsible for the management of their own furniture and other belongings, as well as for preparing their unit for treatment before the scheduled date. Finally, this bill requires the landlord and PCO to prepare a written bed bug management plan for the property and make the plan available to tenants upon request when a bed bug infestation has been confirmed by the PCO or by a local code enforcement officer or health officer.
Proper notice for entry always observed. Importantly, this bill clarifies that any entry to inspect the tenant's unit for bed bugs must still comply with the 24-hour advance notice required under Civil Code Section 1954, whether the entry is sought by the landlord or by the PCO, or is for an initial inspection, or a follow-up inspection. For the purpose complying with Civil Code Section 1954, this bill clarifies that inspection of unit preparation, bed bug treatment, post treatment inspection, and monitoring of affected surrounding areas are all necessary services authorizing entry into the premises by the landlord. Furthermore, this bill clarifies that the landlord must provide separate written notice of entry for treatments if more than one entry is needed by the PCO.
Tenants protected from retaliatory eviction for reporting bed bug problems. In order to encourage tenants to report early indications of bed bug infestation, rather than failing to report for possible fear of retaliation, this bill protects tenants who report signs of infestation from retaliatory eviction under Civil Code Section 1942.5. Specifically, this bill provides that the landlord may not take retaliatory action against a tenant who has provided written notice to the landlord of finding or reasonably suspecting a bed bug infestation. In addition, this bill clarifies that service of a three-day notice and filing of an unlawful detainer action against the tenant to enforce tenant responsibilities under this bill shall likewise not be considered unlawful retaliation under Civil Code Section 1942.5.
Liability provisions. Existing law, Health and Safety Code Section 17290.3, provides that a building shall be deemed to be substandard if certain specified conditions exist to an extent that it endangers the life, limb, health, property, safety, or welfare of the public or the occupants. Among other things, an infestation of insects, vermin, or rodents on the premises, as determined by a health officer or a code enforcement officer, is one of the conditions that can lead to the determination that the building be considered substandard housing. Recent amendments clarify that if a landlord has notice of the infestation and follows the procedures of this chapter, the property shall not be considered to be substandard with respect to bed bugs, including during the time when a landlord is making arrangements for inspection and treatment pursuant to these provisions. In addition, this bill authorizes a landlord or tenant to sue for injunctive or declaratory relief for violations of these provisions, and shields a landlord from liability for any damages due to delays in bed bug treatment and control that are outside the landlord’s control.
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0000409
AB 551
Page 11
Date of Hearing: May 12, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 551
(Nazarian) – As Amended March 26, 2015
As Proposed to be Amended
SUBJECT: RENTAL PROPERTY: BED BUGS
KEY ISSUES:
SHOULD CALIFORNIA ESTABLISH VARIOUS PREVENTIVE MEASURES THAT WOULD ALLOW RENTERS TO SLEEP TIGHT AND NOT LET THE BED BUGS BITE?
TO ENSURE PROMPT AND EFFECTIVE TREATMENT OF BED BUG INFESTATIONS IN RENTAL HOUSING, Should the rights and responsibilities of landlords and tenants facing such infestations be clearly specified in statutE?
SYNOPSIS
According to the author, the absence of protocols in existing law for handling reported infestations of bed bugs leaves landlords and tenants without clear direction on how to proceed in these difficult situations, meaning that infestations may not be treated as soon as possible. Sponsored by the Western Center on Law and Poverty, this bill is a result of a working group of landlord and tenant advocates that seeks to find consensus in developing such protocols and clearly establishing the respective rights and responsibilities of landlords and tenants when a bed bug infestation is suspected or identified. Among other things, this bill requires tenants to report any actual or suspected infestations of bed bugs to the landlord within seven days so the problem can be treated as soon as practicable. The bill requires the landlord to retain the services of a pest control operator to inspect the property and confirm a reported infestation. If an infestation is confirmed, the bill specifies additional rights and responsibilities for both the landlords and tenants to ensure cooperation in preparing units for treatment and notifying all affected tenants of the need to enter and/or vacate their units during active treatment. Once the bed bugs have been controlled, the bill requires the property to remain subject to a bed bug management plan, prepared by the pest control operator (PCO) and the landlord, to ensure that future bed bug infestations are swiftly addressed.
In order to encourage tenants to report early indications of a bed bug infestation without fear of retaliation, the bill protects tenants who report signs of infestation from retaliatory eviction under Civil Code Section 1942.5. In addition, the bill clarifies that any entry to inspect the tenant's unit for bed bugs must still comply with the 24-hour advance notice required under Civil Code Section 1954, whether the entry is sought by the landlord or by the PCO, or whether for an initial inspection, or follow-up inspection. The bill is supported by the California Apartment Association, but opposed by the San Diego Apartment Association and several other apartment associations. Proposed amendments to be taken in this Committee address some, but not all, of the concerns expressed by opponents.
SUMMARY: Prescribes the duties of landlords and tenants with regard to the treatment and control of bed bugs in residential rental housing. Specifically, this bill:
Requires a landlord, on and after July 1, 2016, prior to creating a new tenancy for a dwelling unit, to provide a written notice to the prospective tenant that includes, but is not limited to, (a) general information about bed bug identification, behavior and biology, the importance of cooperation for prevention, treatment and prompt written reporting of suspected infestations; (b) the procedure to report suspected infestations to the landlord; (c) whether the property has a bed bug management plan.
Prohibits a tenant from knowingly bringing personal furnishings or belongings that are infested with bed bugs onto the property.
Prohibits a landlord from renting or leasing, or offering to rent or lease, any vacant dwelling unit that the landlord knows or should reasonably know has a current bed bug infestation.
Requires the tenant to notify the landlord in writing within seven days upon finding or reasonably suspecting a bed bug infestation at a property along with evidence of infestation.
Requires the landlord, within five business days of being notified by a tenant or a public agency of an infestation or suspected infestation, to retain the services of a pest control operator (PCO) to verify the tenant’s complaint and to conduct an inspection, if determined to be necessary by the PCO.
Requires tenants to cooperate with the inspection to facilitate the detection of bed bugs, including providing requested information to facilitate the detection of bed bugs to the PCO.
Requires the landlord, after a bed bug infestation is confirmed by a pest control operator, to do all of the following:
Provide written notification of the finding of infestation to all tenants of units identified for treatment by the PCO within 48 hours of receipt of the PCO’s findings. Further requires such notification to be provided to all tenants for confirmed infestations in common areas.
Contract with a PCO to prepare and implement a bed bug treatment program to begin within a reasonable time, where ten days after the confirmed infestation is presumed to be a reasonable time.
Provide to affected tenants at least seven calendar days prior notice of: (1) the dates of treatment; (2) the deadline for the tenant to prepare the unit; and (3) the date, time, and length of time the tenant must be absent from the unit.
Provide notice to the tenant of his or her right to ask for an extension of time to prepare the premises and to have a copy of the PCO's pretreatment checklist.
Prepare a written bed bug management plan for the property and make it available to tenants upon request.
Requires an affected tenant, after a bed bug infestation is confirmed by a pest control operator, to do all of the following:
Fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described in the PCO’s pretreatment checklist, including responsibility for management of belongings such as clothing and personal furnishings.
Promptly notify the landlord if unable to fulfill the unit preparation responsibilities. For a tenant not entitled to a reasonable accommodation under law who requests an extension of time to prepare the unit, the landlord shall extend the preparation time by three days.
Cooperate in vacating his or her unit as notified for treatment purposes, and refrain from reentering the unit until directed by the PCO to do so.
Provides that for the purpose of Section 1954, the following shall constitute a necessary service to allow entry into a tenant's unit:
Entry for inspection of any unit selected by the PCO.
Entry to conduct follow-up inspection of surrounding units until bed bugs have been eliminated.
Entry for inspection of unit preparation, bed bug treatment, and post-treatment inspection and monitoring of all affected and surrounding units, as recommended by the PCO.
Provides that service of a three-day notice and filing of an unlawful detainer action to enforce tenant responsibilities under this bill shall not be considered unlawful retaliation under Section 1942.5.
Provides that a landlord may not engage in any retaliatory conduct against a tenant who has notified his or her landlord of finding or reasonably suspecting a bed bug infestation at the property.
Provides that if a landlord has notice of the infestation and follows the procedures of this chapter, the property shall not, with respect to bed bugs, be considered: (a) to be substandard as defined in Section 17920.3 of the Health and Safety Code; (b) to be untenantable as defined in Section 1941.1 of the Civil Code; or (c) to be in breach of the implied warranty of habitability.
Authorizes a landlord or tenant to sue for injunctive or declaratory relief for violations of these provisions, and shields a landlord from liability for any damages due to delays in bed bug treatment and control that are outside the landlord’s control.
Declares that, in the interest of providing a single, uniform approach to the treatment of bed bug infestations in residential tenancies in California, it is the intent of the Legislature to occupy the field with regard to this subject, and prohibits cities, counties, and other local entities from enacting a local law on this subject.
EXISTING LAW:
Requires the landlord to keep the premises fit for human occupation and to repair all subsequent deficiencies that make the premises untenantable. (Civil Code Section 1941. All further statutory references are to this code, unless otherwise stated.)
Provides that if the landlord retaliates against the tenant because the tenant has exercised his or her rights under this chapter or made a complaint to an appropriate agency as to habitability of a dwelling, and if the tenant is not in default as to the payment of rent, the landlord may not recover possession of the dwelling in any action or proceeding, cause the tenant to quit involuntarily, increase the rent, or decrease any services within 180 days from the date the tenant has exercised certain rights, including, among other things:
In good faith, having given notice or made an oral complaint to the landlord regarding habitability.
In good faith, having filed a written complaint, or registered an oral complaint, with an appropriate agency, of which the landlord has notice, for the purpose of obtaining correction of a condition relating to habitability. (Section 1942.5(a).)
Provides that the breach of any warranty of habitability (implied or express) is a defense to an unlawful detainer action filed to recover possession or residential premises based on nonpayment of rent. (Green v. Superior Court (1974) 10 Cal. 3d 616.)
Specifies certain affirmative obligations of the tenant, including, among other things:
To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits.
To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.
To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.
Requires the landlord to give the tenant reasonable notice in writing of his or her intent to enter the premises, and enter only during normal business hours, except as provided. Further requires the notice to include the date, approximate time, and purpose of the entry, with twenty-four hours presumed to be reasonable notice in absence of evidence to the contrary. (Section 1954.)
Provides that any building or portion thereof, including any dwelling unit, shall be deemed to be a substandard building if certain specified conditions exist to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof. With respect to inadequate sanitation, these conditions include, among other things:
Infestation of insects, vermin, or rodents as determined by a health officer or a code enforcement officer, as provided.
General dilapidation or improper maintenance. (Health and Safety Code Section 17920.3.)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: This bill, sponsored by the Western Center on Law and Poverty, seeks for the first time to establish the duties of landlords and tenants with regard to the treatment and control of bed bugs in rental housing. According to the author, bed bugs are a major problem in residential multifamily housing, and several California cities rank in the top 50 in the nation in terms of bed bug infestations, with Los Angeles now ranking at #2. The author states:
Bed bugs are often brought unknowingly into a person's home, clinging to clothes or furniture, and are notoriously difficult to remove. Conventional pest control methods are ineffective against bed bugs, but misinformed landlords and tenants often attempt their use, to no avail. Effective treatment generally requires professional measures by pest control operators licensed by the state. Cooperation between landlords and tenants is essential to effectively treat bed bugs.
AB 551 is a critical step in providing landlords and tenants’ processes and procedures to address bedbug infestation and resolve the issue expeditiously. More often than not, a bedbug infestation is not reported timely enough due to fear of accountability. The absence of bed bug protocols and management laws, leave landlords and tenants, without clear direction on how to approach bedbug situations. This bill ensures landlords and tenants alike are protected and work together to resolve the issue in an equitable manner.
Background on bed bugs. According to the proponents, a systematic approach to bed bug prevention and control is necessary to address the growing problem of bed bug infestations in California, but at the same time has been difficult to achieve because of a common lack of knowledge about bed bugs and misunderstanding and stigma associated with the problem. Proponents consider education and dissemination of factual information about bed bugs the first step in a systematic approach to the problem in California. This bill makes extensive legislative findings about bed bugs and requires landlords to provide a written notice to all prospective tenants containing general information about the biology and appearance of bed bugs. For the benefit of the reader of this analysis, the information provided to prospective tenants includes the following facts about bed bugs:
Appearance: Adult bed bugs have flat bodies about 1/4 of an inch in length. They are copper colored and have six legs. Young bed bugs are nearly colorless and are very small, about 1/16 of an inch in length. Bed bugs either crawl or are carried from place to place, but do not fly. When a bed bug feeds, its body swells and becomes bright red, making it appear to be a different insect. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life cycle and reproduction: The typical life span of a bed bug is 10 months. They can survive for months without feeding. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bug bites: Because bed bugs usually feed at night when people are sleeping, most people do not realize they were bitten. Bed bugs do not transmit disease but are a nuisance. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be apparent until many days after a person is bitten.
Common signs of bed bugs and symptoms of a possible infestation include: (1) small red to reddish brown fecal spots on mattresses, upholstery, or walls; (2) molted bed bug skins, white, sticky eggs, or empty eggshells; (3) very heavily infested areas may have a characteristically sweet odor; (4) red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping.
Methods of control. According to the National Pest Management Association (NPMA), there are multiple methods of controlling bed bugs that a professional can employ as part of a bed bug management program, including vacuuming (physical removal), steam treatment, heat treatment, mattress encasement, cold freeze treatment, fumigation, and use of insecticides. Bed bug treatment can be particularly disruptive in multiunit buildings because a treatment plan may not be truly effective unless all neighboring apartments to the left, right, above, and below are also treated, depending on the spread of bed bugs throughout the building.
Heat treatment of the entire room or apartment is an increasingly popular method of treatment because it provides more flexibility for use in cluttered environments than traditional pesticide application. Bed bugs can be killed by heating the areas that harbor bed bugs in the apartment to a recommended 118 degrees Fahrenheit for a total of 90 minutes. In most cases, a heat treatment session occurs during the course of one day, and the tenant may be able to return to the premises without being displaced overnight; this is in contrast to a situation where fumigation of an entire structure is sought, and a tenant may be displaced for multiple days. Treatment methods are just one important part of an integrated pest management (IPM) plan, which may also include things such as educating and communicating to building residents information about bed bug prevention and control, making recommendations to property managers about sealing cracks and crevices, and correcting structural deficiencies to reduce the likelihood of re-infestation.
Importance of cooperation needed between landlords and tenants to effectively treat infestations of bed bugs. According to the author, cooperation among landlords, tenants, and pest control operators is required for successful control of bed bugs, particularly because the bugs have developed resistance to insecticidal control measures. Effective control is more likely to occur when landlords and tenants are informed about the best practices for bed bug control. Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or poor planning by landlords may exacerbate an infestation. For these reasons, proponents of the bill, representing both landlords and tenants, agree that it is necessary to establish specific, enforceable duties for the parties so that the failure of a tenant or landlord to cooperate fully does not prevent effective investigation, treatment, and monitoring of all infested and surrounding units.
Written bed bug management plan. Under this bill, a "bed bug management plan" is defined as a written plan prepared by a pest control operator for a particular property. The plan outlines the responsibilities of the landlord, and is required to be consistent with NPMA best practices and tailored to the conditions at the property. The plan shall include, but is not limited to, all of the following: (1) education of tenants to reduce the risk of introduction of bed bugs to the property and to encourage reporting; (2) housekeeping and building maintenance procedures to help prevent bed bug harborage; (3) the landlord’s process for responding to complaints and a brief statement of the requirements of the statute; (4) written documentation of any bed bug treatment program; (5) use of monitoring devices on a proactive basis, routine monitoring inspections by trained employees or licensed PCOs, if appropriate; and (6) a complaint log that documents compliance with laws regarding bed bugs. If a bed bug infestation has been confirmed by the PCO or by a local health officer, pursuant to the Health and Safety Code, the bill then requires the landlord and a PCO to prepare a written bed bug management plan for the property and make the plan available to tenants upon request.
The San Diego County Apartment Association (SDCAA) opposes the bill, asserting that the requirement to prepare a bed bug management plan is unduly burdensome to small property owners who have to pay for a PCO to develop the plan for their property immediately after paying for treatment of an infestation, despite not having the same financial resources as larger multiunit owners. SDCAA also contends that PCOs, knowing that the owner is required to obtain a plan under this bill, could charge substantial prices to obtain a plan.
The bill is also opposed by several other apartment associations, including the Apartment Association of CA Southern Cities (AACSC), on the basis that the bill improperly abdicates state health and safety standards to the NPMA, a private industry association. By virtue of the fact that the bill requires a bed bug management plan to be consistent with NPMA best practices, AACSC argues that the bill potentially allows for the disregard of the government's own health and safety standards developed to address bed bugs, in favor of the NPMA. AACSC contends that because PCOs are state-licensed, trained and tested to treat pests, it is inappropriate for the bill to then direct PCOs to uphold a private industry treatment standard (i.e. NPMA's guidelines) instead of the existing state regulations on bed bug treatment that would otherwise control.
In support of the NPMA best practices model, the California Apartment Association (CAA) contends that the NPMA guidelines are "nationally recognized" and "reflect the best and most current knowledge with respect to bed bugs." In fact, as CAA explains, the NPMA best practice guidelines help address a problem that many property owners face - namely, what to consider when choosing a pest control operator and how to select a control method. CAA states: "Often property owners receive several bids. Not all property owners have the knowledge to select between those bids provided by the pest control operators, other than based on cost. The bill resolves this by specifying that all inspections, controls, and other work required by the bill must be done in accordance with the NPMA Guidelines."
Rights and responsibilities of tenants and landlords: summary of timeline and procedure. According to the author, the absence of protocols for handling reported infestations of bed bugs in existing law leaves landlords and tenants without clear direction on how to proceed in such situations in a way that both ensures the infestation is properly treated as soon as possible, but also respects the rights of both tenants and landlords. This bill is a result of a working group of landlord and tenant groups that seeks to find consensus in developing such protocols and clearly establishing the respective rights and responsibilities of landlords and tenants when a bed bug infestation is suspected or identified. These protocols are summarized below.
Informational notices to prospective tenants. First, the bill requires the landlord to provide prospective tenants with information about bed bugs generally, as well as a notice describing the landlord's procedure for reporting a suspected bed bug infestation and disclosing whether a bed bug management plan (as described above) exists for the property. This requirement applies to all new tenancies created on or after July 1, 2016, but would also require the bed bug informational notice to be provided to all existing tenants by January 1, 2017.
The author proposes amendments to revise the informational notice provided to prospective tenants to also include a reference to the website of the Structural Pest Control Board, the agency that oversees PCOs in California.
Proposed amendment: On page 8, line 11, delete "Agency" and insert "Agency, the California State Structural Pest Control Board,"
Report of suspected bed bug infestation. Under this bill, a tenant who finds or reasonably suspects a bed bug infestation on the rental property must notify the landlord in writing within seven days. As currently in print, the bill requires the landlord, within three business days of receiving such notice, to retain the services of a pest control operator to verify the tenant's complaint and conduct an inspection, if deemed necessary by the PCO. To address opposition concerns that three business days is insufficient time to meet this responsibility, the author proposes to amend the bill to provide five business days instead.
Proposed amendment: On Page 8, line 27, strike out “three” and insert “five”
The bill further requires the tenant to cooperate with the inspection to facilitate the detection of bed bugs, including providing requested information to facilitate such detection. Again, this obligation reflects the importance of cooperation by both the landlord and tenant to help the PCO identify and treat the bed bug infestation effectively and as soon as possible.
Confirmation of bed bug infestation. If the PCO confirms that a bed bug infestation exists, then a whole range of new obligations are set into motion under the bill. First, the landlord is required within 48 hours to notify all tenants of units identified for treatment of the PCO's finding of a confirmed infestation. Next, the bill requires the landlord to contract with a PCO to prepare and implement a bed bug treatment program to begin within a reasonable time - presumed under the bill to be ten days after confirmation of an infestation. At least seven days before the treatment is to occur, the landlord is required to provide affected tenants with an important notice that discloses the dates and times of the proposed treatment, and the length of time, if any, that the tenant shall be absent from the unit in order to allow the treatment to be conducted. This notice also provides the tenant with an opportunity to ask for an extension of time to prepare the unit for treatment, or for a reasonable accommodation, if disabled. Tenants are responsible for the management of their own furniture and other belongings, as well as for preparing their unit for treatment before the scheduled date.
Finally, as previously mentioned, the bill requires the landlord and PCO to prepare a written bed bug management plan for the property and make the plan available to tenants upon request when a bed bug infestation has been confirmed by the PCO or by a local health officer. As proposed to be amended, the bill would clarify that in jurisdictions where there are no health officers, a code enforcement author has the authority to confirm an infestation pursuant to Section 17920.3 of the Health and Safety Code.
Proposed Amendment: On page 10, line 23, strike "operator or by" and insert "operator, or by a code enforcement officer or"
Proper notice for entry always observed. Importantly, the bill clarifies that any entry to inspect the tenant's unit for bed bugs must still comply with the 24-hour advance notice required under Section 1954, whether the entry is sought by the landlord or by the PCO, or is for an initial inspection, or a follow-up inspection. For the purpose complying with Section 1954, the bill clarifies that inspection of unit preparation, bed bug treatment, post treatment inspection, and monitoring of affected surrounding areas are all necessary services authorizing entry into the premises by the landlord. Furthermore, the bill clarifies that the landlord must provide separate written notice of entry for treatments if more than one entry is needed by the PCO.
Tenants protected from retaliatory eviction for reporting bed bug problems. In order to encourage tenants to report early indications of bed bug infestation, rather than failing to report for possible fear of retaliation, the bill protects tenants who report signs of infestation from retaliatory eviction under Section 1942.5. Specifically, the bill revises Section 1942.5 to provide that the landlord may not take retaliatory action against a tenant who has provided written notice to the landlord of finding or reasonably suspecting a bed bug infestation. In addition, the bill clarifies that service of a three-day notice and filing of an unlawful detainer action against the tenant to enforce tenant responsibilities under this bill shall likewise not be considered unlawful retaliation under Section 1942.5. These provisions again reflect the essential role that tenants play in early identification of bed bug problems on the property, and the need to ensure that tenants meet their responsibilities under the bill.
Liability provisions. Existing law, Section 17290.3 of the Health and Safety Code, provides that a building shall be deemed to be substandard if certain specified conditions exist to an extent that it endangers the life, limb, health, property, safety, or welfare of the public or the occupants. Among other things, an infestation of insects, vermin, or rodents on the premises, as determined by a health officer or a code enforcement officer, is one of the conditions that can lead to the determination that the building be considered substandard housing. Opponents, led by AACSC, have expressed concerns that a property in which there is a bed bug infestation may be determined to be substandard housing (or untenantable, or the basis for a breach of the implied warrant of habitability) during the interim period between the date when an infestation is confirmed and the date when the property is "undergoing an active bed bug treatment program." During that time, when a landlord is making arrangements for treatment and attempting to facilitate inspection and treatment appointments, it is possible that a court could find that those interim actions do not yet constitute "an active bed bug treatment program" since no bed bugs are being killed and no apartment has yet been treated. In order to allay these concerns, the author proposes the following amendment to clarify that the bill is not intended to create such liability for the landlord during the interim period during which he or she is making arrangements for treatment and otherwise executing the bed bug management plan for the property.
Proposed Amendment: On Page 10, strike lines 34 to 36 inclusive and insert “1954.19. If a landlord has notice of the infestation and follows the procedures of this chapter, the property shall not, with respect to bed bugs, be considered to be substandard as defined”
In addition, the bill authorizes a landlord or tenant to sue for injunctive or declaratory relief for violations of these provisions, and shields a landlord from liability for any damages due to delays in bed bug treatment and control that are outside the landlord’s control.
ARGUMENTS IN SUPPORT: The bill is supported by the California Apartment Association (CAA), the largest statewide rental housing trade association. In support of the bill, CAA states:
One of the reasons infestations have been able to spread is the stigma attached to bed bugs. Bed bugs, however, do not discriminate based on income levels or housekeeping skills. Raising awareness of bed bugs and making them the subject of open conversation are the first steps toward effective control. We can’t speak of eradication, because there is no magic bullet – bed bugs have grown resistant to many pesticides that were formerly effective. Other control methods such as heat treatment can be effective but is expensive and requires cooperation from everyone at the property. Ongoing vigilance is necessary as the progenitor of a new crop of bed bugs could ride in on a resident’s luggage or a visitor’s pant cuff at any time.
This bill strikes a reasonable balance between the needs of landlords and tenants with respect to bedbug control and if enacted will help reduce the bedbug population throughout California.
ARGUMENTS IN OPPOSITION: The bill is opposed by several apartment associations who together have submitted a joint letter to the Committee outlining their concerns with the bill. Among them are:
Landlords should not be required to inform tenants that a bed bug problem occurred many years ago. Section 1954.16 unreasonably requires landlords to inform tenants for an indefinite period of time that a bed bug infestation once occurred at the property. Once the property has been treated and bed bugs are eradicated, landlords should not be under a continuing obligation to inform tenants and prospective tenants that the property once had bed bugs.
AB 551 unreasonably requires landlords to provide all prospective tenants with educational materials about bed bugs. It is not the role of landlords to educate his or her tenants about general health and safety issues that may or may not arise. For example, landlords do not educate their tenants about gas leaks or exposed electrical wiring hazards when they do not exist. Similarly, they should not be required to provide material about bed bugs when there are no bed bug problems. The required warnings under the bill unnecessarily alarm tenants and prospective tenants when no health and safety issues exist.
The bill may not be necessary. Landlords are already required to act on tenant complaints, including when tenants allege a bed bug infestation. California Code of Regulations (Title 25, Chapter 1, Subchapter 1) already prohibits bed bugs in rental units. Additionally, other state laws direct landlords to act and control insects, including bed bugs. Those laws include the implied warranty of habitability, negligence, gross negligence, and substandard housing. There are local health laws that are or should be followed and enforced regarding bugs, including bed bugs.
REGISTERED SUPPORT / OPPOSITION:
Support
Western Center on Law and Poverty (sponsor)
California Apartment Association
Opposition
San Diego County Apartment Association
Joint letter from:
Apartment Association, CA Southern Cities
Apartment Association of Orange County
East Bay Rental Housing Association
Nor Cal Rental Property Owners Association
North Valley Property Owners Association
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334
Bill Author
Bill Co-Author(s):