Amended in Senate August 19, 2016

Amended in Senate July 15, 2015

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 begin delete 2.5 end delete begin insert 2.8 end insert (commencing with Section begin delete 1954.1) of end delete begin insert 1954.600) to end insert 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, begin delete 2016, end delete begin insert 2017, end insert and to all other tenants by January 1, begin delete 2017, end delete begin insert 2018, end insert information about bed bugs, as specified. begin delete 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 end delete begin insert The end insert bill would require that the landlord provide notice begin insert to the tenants of those units inspected by the pest control operator end insert of the begin insert pest control operator’s end insert findings within 2 business begin delete 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. end delete begin insert 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. end insert

begin insert

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.

end insert begin delete

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.

end delete

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 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 begin delete pursuant to
Section 1954.14, end delete begin insert of a suspected bed bug infestation, end insert 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.

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 1942.5 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

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, begin insert has provided notice of a suspected
bed bug infestation, end insert 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.

begin delete

(c) It

end delete

begin insert (c) end insert begin insert   end insert begin insert Notwithstanding subdivision (a), it end insert 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 begin delete 2.5 end delete begin insert 2.8 end insert (commencing with Section begin delete 1954.1) end delete
begin insert 1954.600) end insert is added to Title 5 of Part 4 of Division 3 of the Civil
Code, to read:

 

Chapter   begin delete 2.5. end delete begin insert 2.8 end insert Bed Bug Infestations

 

begin delete 1954.1. end delete

begin insert 1954.600. end insert   

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. begin insert With cooperation among
landlords, tenants, and pest control operators, most bed bug
infestations can be successfully controlled. end insert

begin delete

(b) Tenants, property owners, and pest control operators have
distinct rights and responsibilities regarding bed bug infestations.

end delete begin delete

(c)

end delete

begin insert (b) end insert  Effective control is more likely to occur when landlords and
tenants are informed of the best practices for bed bug control.

begin delete

(d)

end delete

begin insert (c) end insert  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.

begin delete

(e)

end delete

begin insert (d) end insert  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.

begin delete

(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.

end delete begin insert

(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.

end insert begin insert

(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.

end insert

begin delete

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 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
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

end delete

begin insert

begin insert 1954.601. end insert   

end insert

begin insert For purposes of this chapter, the term “pest end insert control
operator” means an individual begin delete with end delete begin insert holding end insert a Branch 2 begin insert operator,
field representative, or applicator end insert license from the Structural Pest
Control Board.

begin delete

(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.

end delete

begin insert

begin insert 1954.602 end insert   

(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.

end insert

begin delete 1954.12. end delete

begin insert 1954.603. end insert   

On and after July 1, begin delete 2016, end delete begin insert 2017, end insert 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, begin delete 2017. end delete
begin insert 2018. end insert 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: begin insert Bed bugs have six legs. end insert Adult bed bugs
have flat bodies about 1⁄4 of an inch in length. begin delete They are copper
colored and have six legs. end delete begin insert Their color can vary from red and brown
to copper colored. end insert Young bed bugs begin delete are nearly colorless and end delete are
very begin delete small, end delete begin insert small. Their bodies are end insert about 1⁄16 of an inch in length.
begin delete Bed bugs do not fly. They either crawl or are carried from place
to place. end delete begin insert They have almost no color. end insert When a bed bug feeds, its
body begin delete swells end delete begin insert swells, may lengthen, end insert and becomes bright red,
begin insert sometimes end insert making it appear to be a different insect. begin insert Bed bugs do
not fly. They can either crawl end insert begin insert or be carried from place to place
on objects, people, or animals. end insert Bed bugs can be hard to find and
identify because they are tiny and try to stay hidden.

Life Cycle and Reproduction: begin delete The typical lifespan of a end delete begin insert An
average end insert bed bug begin delete is end delete begin insert lives for about end insert 10 months. begin delete They can survive
for months without feeding. end delete Female bed bugs lay one to five eggs
per day. Bed bugs grow to full adulthood in about 21 days.

begin insert

Bed bugs can survive for months without feeding.

end insert

Bed bug Bites: Because bed bugs usually feed at begin delete night when
people are sleeping, end delete begin insert night, end insert most people begin insert are bitten in their sleep
and end insert do not realize they were bitten. 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 begin delete apparent end delete
begin insert noticed end insert until many days after a person was begin delete bitten. end delete begin insert bitten, if at all. end insert

Common begin delete signs of bed bugs end delete begin insert signs end insert and symptoms of a possible
begin insert bed bug end insert infestation:

• Small red to reddish brown fecal spots on mattresses, begin insert box
springs, bed frames, mattresses, linens, end insert 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. begin insert However, some people do not
show bed bug lesions on their bodies even though bed bugs may
have fed on them. end insert

begin delete

More information: See

end delete

begin insert For more information, see end insert the begin delete web end delete begin insert Internet Web end insert sites of the
United States Environmental Protection begin delete Agency, California
Department of Public Health, California State Structural Pest
Control Board, end delete begin insert Agency end insert and the National Pest Management
Association.

(b) The procedure to report suspected infestations to the
landlord.

begin delete

(c) If applicable, a statement that the property has a bed bug
management plan.

end delete

begin delete

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.

end delete begin delete

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) 

end delete

begin insert

begin insert 1954.604. end insert   

end insert

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 begin delete have been end delete begin insert are end insert 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.

begin delete

(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 two business
days 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, unless that information was
disclosed in a prior notice. Each entry shall require notice
conforming to Section 1954.

end delete

begin delete

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 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 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
landlord’s 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.

end delete begin insert

begin insert 1954.605. end insert   

The landlord shall notify the tenants of those units
inspected by the pest control operator pursuant to Section 1954.604
of the pest control operator’s findings. The notification shall be
in writing and made within two business days 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.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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.

end insert