BILL NUMBER: AB 551 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE JULY 15, 2015
AMENDED IN ASSEMBLY MAY 14, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
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 2.8
(commencing with Section 1954.1) of 1954.600)
to 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, 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 operator's 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 speci fied.
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.
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
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 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. 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 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 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:
CHAPTER 2.5. 2.8 BED BUG
INFESTATIONS
1954.1. 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 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
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 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 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:
µ Small red to reddish brown fecal spots on mattresses, box
springs, bed frames, mattresses, linens, upholstery, or walls.
µ Molted bed bug skins, white, sticky eggs, or empty eggshells.
µ Very heavily infested areas may have a characteristically sweet
odor.
µ 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 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
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 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.
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.
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 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.
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.