Amended in Assembly May 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 551

Introduced by Assembly Member Nazarian

February 23, 2015

An act to amend Section 1942.5 of, to amend and renumber Section 1954.1 of, and to add Chapter 2.5 (commencing with Section 1954.1) of Title 5 of Part 4 of Division 3 of, the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 551, as amended, Nazarian. Rental property: bed bugs.

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 begin delete 3 end delete begin insert 5 end insert 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 begin delete undergoing a bed bug treatment end delete begin insert for which a landlord has notice of an infestation and follows required procedures end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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 begin insert or her end insert rights under this chapter
or because of his begin insert or her end insert 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 begin insert or her end insert 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 lessor’s 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 attorney’s fees to the prevailing
party if either party requests attorney’s 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:

 

Chapter  2.5. Bed Bug Infestations

 

1954.1.  

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 landlord’s 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 landlord’s 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 begin delete follow up end delete begin insert followup end insert
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 begin delete furnishings end delete begin insert furnishings, end insert 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 begin delete life span end delete begin insert lifespan end insert 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 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 begin delete Agency end delete begin insert Agency, California State
Structural Pest Control Board, end insert 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 begin delete three end delete begin insert five end insert 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 tenant’s complaint and to conduct an inspection, if
determined to be necessary by the pest control operator.

(c) Entry to inspect a tenant’s 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 operator’s 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 operator’s findings. For confirmed
infestations in common areas, all tenants shall be provided notice
of the pest control operator’s 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 operator’s 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 begin delete operator end delete begin insert operator, or by a code enforcement officer end insert or begin delete by end delete
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.  

begin delete A property that is undergoing an active bed bug
treatment program in compliance with this chapter end delete begin insert If a landlord
has notice of an infestation and follows the procedures of this
chapter, the property end insert 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
landlord’s 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 begin delete Country end delete begin insert County end insert of San Francisco regarding the treatment and
control of bed bug infestations are deemed to satisfy this chapter
and are not preempted.