BILL ANALYSIS Ó
AB 551
Page 1
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:
1)SHOULD CALIFORNIA ESTABLISH VARIOUS PREVENTIVE MEASURES THAT
WOULD ALLOW RENTERS TO SLEEP TIGHT AND NOT LET THE BED BUGS
BITE?
2)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
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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:
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1)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.
2)Prohibits a tenant from knowingly bringing personal
furnishings or belongings that are infested with bed bugs onto
the property.
3)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.
4)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.
5)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.
6)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.
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7)Requires the landlord, after a bed bug infestation is
confirmed by a pest control operator, to do all of the
following:
a) 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.
b) 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.
c) 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.
d) 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.
e) Prepare a written bed bug management plan for the
property and make it available to tenants upon request.
8)Requires an affected tenant, after a bed bug infestation is
confirmed by a pest control operator, to do all of the
following:
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a) 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.
b) 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.
c) 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.
9)Provides that for the purpose of Section 1954, the following
shall constitute a necessary service to allow entry into a
tenant's unit:
a) Entry for inspection of any unit selected by the PCO.
b) Entry to conduct follow-up inspection of surrounding
units until bed bugs have been eliminated.
c) 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.
10) 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.
11)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.
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12)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.
13) 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.
14)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:
1)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.)
2)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
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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:
a) In good faith, having given notice or made an oral
complaint to the landlord regarding habitability.
b) 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).)
3)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.)
4)Specifies certain affirmative obligations of the tenant,
including, among other things:
a) To keep that part of the premises which he occupies and
uses clean and sanitary as the condition of the premises
permits.
b) To dispose from his dwelling unit of all rubbish,
garbage and other waste, in a clean and sanitary manner.
c) To properly use and operate all electrical, gas and
plumbing fixtures and keep them as clean and sanitary as
their condition permits.
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5)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.)
6)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:
a) Infestation of insects, vermin, or rodents as determined
by a health officer or a code enforcement officer, as
provided.
b) 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
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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:
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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:
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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