BILL ANALYSIS Ó
AB 551
Page 1
ASSEMBLY THIRD READING
AB
551 (Nazarian)
As Amended May 14, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+--------------------|
|Judiciary |7-0 |Mark Stone, Alejo, | |
| | |Chau, Chiu, | |
| | |Cristina Garcia, | |
| | |Holden, Maienschein | |
| | | | |
| | | | |
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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:
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
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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 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.
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.
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b) Contract with a PCO to prepare and implement a bed bug
treatment program to begin within a reasonable time, where 10
days after the confirmed infestation is presumed to be a
reasonable time.
c) Provide to affected tenants at least seven calendar days
prior notice of: i) the dates of treatment; ii) the deadline
for the tenant to prepare the unit; and iii) the date, time,
and length of time the tenant must be absent from the unit.
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:
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.
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9)Permits entry into a tenant's unit for selected purposes,
including, among other things, for inspection of unit
preparation, bed bug treatment, and post-treatment inspection
and monitoring of all affected and surrounding units, as
recommended by the PCO.
10) Provides that a landlord may not engage in any retaliatory
conduct against a tenant who has notified the landlord of
finding or reasonably suspecting a bed bug infestation on the
property, except that service of a three-day notice and filing
of an unlawful detainer action to enforce tenant
responsibilities under this bill shall not be considered
unlawful retaliation against a tenant.
11)Provides that if a landlord has notice of the infestation and
follows the procedures of this bill, the property shall not,
with respect to bed bugs, be considered: a) to be substandard
as defined in Health and Safety Code Section 17920.3; b) to be
untenantable as defined in Civil Code Section 1941.1; or c) to
be in breach of the implied warranty of habitability.
12) 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.
13)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.
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FISCAL EFFECT: None
COMMENTS: This bill seeks for the first time to establish the
duties of landlords and tenants with regard to the treatment and
control of bed bugs in rental housing. According to the author,
bed bugs are a major problem in residential multifamily housing,
and several California cities rank in the top 50 in the nation in
terms of bed bug infestations, with Los Angeles now ranking at
number two. The author states: "Cooperation between landlords
and tenants is essential to effectively treat bed bugs. AB 551 is
a critical step in providing landlords and tenants' processes and
procedures to address bedbug infestation and resolve the issue
expeditiously. More often than not, a bedbug infestation is not
reported timely enough due to fear of accountability. The absence
of bed bug protocols and management laws, leave landlords and
tenants, without clear direction on how to approach bed bug
situations. This bill ensures landlords and tenants alike are
protected and work together to resolve the issue in an equitable
manner."
Methods of control. According to the National Pest Management
Association (NPMA), there are multiple methods of controlling bed
bugs that a professional can employ as part of a bed bug
management program, including vacuuming (physical removal), steam
treatment, heat treatment, mattress encasement, cold freeze
treatment, fumigation, and use of insecticides. Bed bug treatment
can be particularly disruptive in multiunit buildings because a
treatment plan may not be truly effective unless all neighboring
apartments to the left, right, above, and below are also treated,
depending on the spread of bed bugs throughout the building.
Heat treatment of the entire room or apartment is an increasingly
popular method of treatment because it provides more flexibility
for use in cluttered environments than traditional pesticide
application. Bed bugs can be killed by heating the areas that
harbor bed bugs in the apartment to a recommended 118 degrees
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Fahrenheit for a total of 90 minutes. In most cases, a heat
treatment session occurs during the course of one day, and the
tenant may be able to return to the premises without being
displaced overnight; this is in contrast to a situation where
fumigation of an entire structure is sought, and a tenant may be
displaced for multiple days. Treatment methods are just one
important part of an integrated pest management (IPM) plan, which
may also include things such as educating residents about bed bug
prevention and control, making recommendations to property
managers about sealing cracks and crevices, and correcting
structural deficiencies to reduce the likelihood of
re-infestation.
Importance of cooperation needed between landlords and tenants to
effectively treat infestations of bed bugs. According to the
author, cooperation among landlords, tenants, and pest control
operators is required for successful control of bed bugs,
particularly because the bugs have developed resistance to
insecticidal control measures. Effective control is more likely
to occur when landlords and tenants are informed about the best
practices for bed bug control. Early detection and reporting of
bed bugs is an important component required for preventing bed bug
infestations. Tenants should not face retaliation for reporting a
problem.
Lack of cooperation by landlords and tenants can undermine pest
control operator efforts to identify the presence of bed bugs and
control an infestation. Depending on the treatment strategy, it
is critical that tenants cooperate with pest control operators by
reducing clutter, washing clothes, or performing other activities.
Likewise, inadequate or untimely response or poor planning by
landlords may exacerbate an infestation. For these reasons,
landlord and tenant groups that support this bill agree that it is
necessary to establish specific, enforceable duties for the
parties so that the failure of a tenant or landlord to cooperate
fully does not prevent effective investigation, treatment, and
monitoring of all infested and surrounding units.
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Rights and responsibilities of tenants and landlords: summary of
timeline and procedure. According to the author, the absence of
protocols for handling reported infestations of bed bugs in
existing law leaves landlords and tenants without clear direction
on how to proceed in such situations in a way that both ensures
the infestation is properly treated as soon as possible, but also
respects the rights of both tenants and landlords. This bill is a
result of a working group of landlord and tenant groups that seeks
to find consensus in developing such protocols and clearly
establishing the respective rights and responsibilities of
landlords and tenants when a bed bug infestation is suspected or
identified. These protocols are summarized below.
Written bed bug management plan. Under this bill, a "bed bug
management plan" is defined as a written plan prepared by a pest
control operator for a particular property. The plan outlines the
responsibilities of the landlord, and is required to be consistent
with NPMA best practices and tailored to the conditions at the
property. The plan includes, among other things: 1) housekeeping
and building maintenance procedures to help prevent bed bug
harborage; 2) the landlord's process for responding to complaints
and a brief statement of the requirements of the statute; and 3)
written documentation of any bed bug treatment program. If a bed
bug infestation has been confirmed, this bill then requires the
landlord and a PCO to prepare a written bed bug management plan
for the property and make the plan available to tenants upon
request.
Proponents contend that the NPMA best practice guidelines are
"nationally recognized" and "reflect the best and most current
knowledge with respect to bed bugs." In support, California
Apartment Association (CAA) explains the NPMA guidelines help
address a problem that many property owners face - namely, what to
consider when choosing a pest control operator and how to select a
control method. CAA states: "Often property owners receive
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several bids. Not all property owners have the knowledge to
select between those bids provided by the pest control operators,
other than based on cost. This bill resolves this by specifying
that all inspections, controls, and other work required by this
bill must be done in accordance with the NPMA Guidelines." The
bill is opposed, however, by some apartment associations on the
basis that the bill improperly abdicates state health and safety
standards to the NPMA, a private industry association. Because
the bill requires a bed bug management plan to be consistent with
NPMA best practices, opponents contend that the bill potentially
allows for the disregard of the government's own health and safety
standards developed to address bed bugs, in favor of the NPMA.
Opponents also contend that because PCOs are state-licensed,
trained and tested to treat pests, it is inappropriate for the
bill to then direct PCOs to uphold NPMA guidelines instead of the
existing state regulations on bed bug treatment that may conflict
or otherwise prescribe a different course of action.
Informational notices to prospective tenants. First, this bill
requires the landlord to provide prospective tenants with
information about bed bugs generally, as well as a notice
describing the landlord's procedure for reporting a suspected bed
bug infestation and disclosing whether a bed bug management plan
(as described above) exists for the property. This requirement
applies to all new tenancies created on or after July 1, 2016, but
would also require the bed bug informational notice to be provided
to all existing tenants by January 1, 2017.
Report of suspected bed bug infestation. Under this bill, a
tenant who finds or reasonably suspects a bed bug infestation on
the rental property must notify the landlord in writing within
seven days. As currently in print, this bill requires the
landlord, within five business days of receiving such notice, to
retain the services of a pest control operator to verify the
tenant's complaint and conduct an inspection, if deemed necessary
by the PCO. This bill further requires the tenant to cooperate
with the inspection to facilitate the detection of bed bugs,
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including providing requested information to facilitate such
detection. Again, this obligation reflects the importance of
cooperation by both the landlord and tenant to help the PCO
identify and treat the bed bug infestation as soon as possible.
Confirmation of bed bug infestation. If the PCO confirms that a
bed bug infestation exists, then a whole range of new obligations
are set into motion under this bill. First, the landlord is
required within 48 hours to notify all tenants of units identified
for treatment of the PCO's finding of a confirmed infestation.
Next, this bill requires the landlord to contract with a PCO to
prepare and implement a bed bug treatment program to begin within
a reasonable time - presumed under this bill to be 10 days after
confirmation of an infestation. At least seven days before the
treatment is to occur, the landlord is required to provide
affected tenants with an important notice that discloses the dates
and times of the proposed treatment, and the length of time, if
any, that the tenant shall be absent from the unit in order to
allow the treatment to be conducted. This notice also provides
the tenant with an opportunity to ask for an extension of time to
prepare the unit for treatment, or for a reasonable accommodation,
if disabled. Tenants are responsible for the management of their
own furniture and other belongings, as well as for preparing their
unit for treatment before the scheduled date. Finally, this bill
requires the landlord and PCO to prepare a written bed bug
management plan for the property and make the plan available to
tenants upon request when a bed bug infestation has been confirmed
by the PCO or by a local code enforcement officer or health
officer.
Proper notice for entry always observed. Importantly, this bill
clarifies that any entry to inspect the tenant's unit for bed bugs
must still comply with the 24-hour advance notice required under
Civil Code Section 1954, whether the entry is sought by the
landlord or by the PCO, or is for an initial inspection, or a
follow-up inspection. For the purpose complying with Civil Code
Section 1954, this bill clarifies that inspection of unit
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preparation, bed bug treatment, post treatment inspection, and
monitoring of affected surrounding areas are all necessary
services authorizing entry into the premises by the landlord.
Furthermore, this bill clarifies that the landlord must provide
separate written notice of entry for treatments if more than one
entry is needed by the PCO.
Tenants protected from retaliatory eviction for reporting bed bug
problems. In order to encourage tenants to report early
indications of bed bug infestation, rather than failing to report
for possible fear of retaliation, this bill protects tenants who
report signs of infestation from retaliatory eviction under Civil
Code Section 1942.5. Specifically, this bill provides that the
landlord may not take retaliatory action against a tenant who has
provided written notice to the landlord of finding or reasonably
suspecting a bed bug infestation. In addition, this bill
clarifies that service of a three-day notice and filing of an
unlawful detainer action against the tenant to enforce tenant
responsibilities under this bill shall likewise not be considered
unlawful retaliation under Civil Code Section 1942.5.
Liability provisions. Existing law, Health and Safety Code
Section 17290.3, provides that a building shall be deemed to be
substandard if certain specified conditions exist to an extent
that it endangers the life, limb, health, property, safety, or
welfare of the public or the occupants. Among other things, an
infestation of insects, vermin, or rodents on the premises, as
determined by a health officer or a code enforcement officer, is
one of the conditions that can lead to the determination that the
building be considered substandard housing. Recent amendments
clarify that if a landlord has notice of the infestation and
follows the procedures of this chapter, the property shall not be
considered to be substandard with respect to bed bugs, including
during the time when a landlord is making arrangements for
inspection and treatment pursuant to these provisions. In
addition, this bill authorizes a landlord or tenant to sue for
injunctive or declaratory relief for violations of these
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provisions, and shields a landlord from liability for any damages
due to delays in bed bug treatment and control that are outside
the landlord's control.
Analysis Prepared by:
Anthony Lew / JUD. / (916) 319-2334 FN: 0000409