BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 551 (Nazarian)
Version: May 14, 2015
Hearing Date: July 7, 2015
Fiscal: No
Urgency: No
TH
SUBJECT
Rental Property: Bed Bugs
DESCRIPTION
This bill would require landlords to provide prospective
tenants, on and after July 1, 2016, and to all other tenants by
January 1, 2017, specified information about bed bugs, would
prohibit tenants from bringing items infested with bed bugs onto
a property, and would require tenants who find bed bug
infestations to notify their landlord within 7 days.
This bill would require a landlord to retain the services of a
pest control operator after receiving notification of an
infestation, and if an infestation is confirmed would require
the landlord to contract with a pest control operator to prepare
and implement a bed bug treatment program and a bed bug
management plan. This bill would require landlords to provide
affected tenants with specified information about the treatment
plan, and would require tenants to fulfill responsibilities for
unit preparation before a scheduled treatment, to be responsible
for the management of their belongings, and to vacate their
units as necessary to implement the treatment program.
This 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, would provide that an
eviction proceeding to enforce tenant responsibilities imposed
by this bill does not constitute retaliation, and would state
that a property for which a landlord has received notice of an
infestation and follows the procedures required under this bill
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to treat the infestation is not, with respect to bed bugs, to be
considered substandard or untenantable. This bill would specify
that a landlord or tenant may sue for injunctive relief for
violations of its provisions, and would prohibit cities,
counties, and other local entities from enacting a local law
relating to this subject, as specified.
(This analysis reflects author's amendments to be offered in
Committee.)
BACKGROUND
According to a researcher at the University of Minnesota:
Bed bugs, Cimex lectularius, have resurged to quickly become a
very important pest of the 21st century, as they invade
numerous urban areas. Our society has had a 30+ year
"vacation" from this pest, when bed bugs were almost
completely removed from North America as a result of mass
treatments with older types of insecticides (DDT, Chlordane,
Lindane). Recently though, bed bugs have found ample
opportunity to increase in numbers and spread through society.
Their success is a result of a combination of factors:
increased travel of people; improved treatment methods that
specifically target other insect pests (and thus [do] not
impact bed bugs); and the lack of public awareness. In
addition to homes and hotels, bed bugs are also being found in
schools, retail facilities, office buildings, libraries, and
other public areas. (Dr. Stephen Kells, Prevention and
Control of Bed Bugs in Residences
[as of Jun. 28, 2015].)
The U.S. Environmental Protection Agency (EPA), the federal
Centers for Disease Control and Prevention, and the United
States Department of Agriculture all consider bed bugs to be a
public health pest. (EPA, Introduction to Bed Bugs
[as of Jun.
28, 2015].) While bed bugs are not known to transmit or spread
disease, they can cause a variety of negative physical health,
mental health, and economic consequences, including:
allergic reactions to their bites, which can be severe.
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Effects ranging from no reaction to a small bite mark to, in
rare cases, anaphylaxis (a severe, whole-body reaction);
secondary infections of the skin from the bite reaction, such
as impetigo, ecthyma, and lymphangitis; and
mental health impacts on people living in infested homes.
Reported effects include anxiety, insomnia and systemic
reactions. (EPA, Bed Bugs: A Public Health Issue
[as
of Jun. 28, 2015].)
Several recent media reports have noted a significant presence
of bed bugs in some California cities. According to one such
report, in 2014 Los Angeles ranked as the fourth most infested
city in the United States, and the greater Bay Area, including
San Francisco, Oakland and San Jose, ranked 16th. In 2013, Los
Angeles was the second most infested American city, following
Chicago, Illinois. (Dennis Romero, This Means War: Bedbugs Are
Infesting California, L.A. Weekly (May 8, 2015)
[as of Jun. 28, 2015].)
This bill would establish new responsibilities for landlords and
tenants when a bed bug infestation is discovered in a rental
unit. The bill would require landlords and tenants to work
cooperatively with pest control operators to formulate and
execute a bed bug treatment program to eliminate the
infestation. The bill would also require landlords and pest
control operators to create a bed bug management plan after an
infestation is detected to educate tenants about bed bugs and to
prevent infestations from recurring.
CHANGES TO EXISTING LAW
Existing law regulates the terms and conditions of residential
tenancies. (Civ. Code Sec. 1940 et seq.)
Existing law requires the lessor of a building intended for the
occupation of human beings, in the absence of an agreement to
the contrary, to put it into a condition fit for such
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occupation, and to repair all subsequent dilapidations thereof,
which render it untenantable. (Civ. Code Sec. 1941.)
Existing law provides that any building or portion thereof
including any dwelling unit, guestroom or suite of rooms, in
which there exists an infestation of insects, vermin, or rodents
to an extent that endangers the life, limb, health, property,
safety, or welfare of the public or the occupants thereof shall
be deemed a substandard building. (Health & Saf. Code Sec.
17920.3.)
Existing law creates an implied covenant of quiet enjoyment in
every lease, requiring that the tenant shall not be disturbed in
his or her possession by the landlord. (Civ. Code Sec. 1927;
Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)
Existing law limits when a landlord may enter a rented dwelling
unit, including for purposes of making necessary or agreed upon
repairs, alterations, or improvements to the unit. Existing law
requires landlords to provide tenants with reasonable notice
prior to entry, and states that 24 hours shall be presumed to be
reasonable notice in the absence of evidence to the contrary.
(Civ. Code Sec. 1954.)
This bill would make specified findings and declarations
relative to bed bugs and efforts to control bed bug infestations
in residential tenancies.
This bill would require a landlord, on and after July 1, 2016,
for new tenancies, and by January 1, 2017, for all other
tenancies, to provide tenants with a written notice concerning
bed bugs and the procedure to report suspected bed bug
infestations to the landlord, as specified.
This bill would prohibit a tenant from bringing onto a property
personal furnishings or belongings that the tenant knows or
reasonably should know are infested with bed bugs.
This bill would require a tenant to notify the landlord in
writing within seven days after the tenant finds or reasonably
suspects a bed bug infestation at the property.
This bill would require a landlord to retain the services of a
pest control operator to verify the report of a suspected
infestation and to conduct an inspection, if determined to be
necessary by the pest control operator, within five business
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days of receiving notice of a suspected bed bug infestation.
This bill would state that entry to inspect a tenant's dwelling
unit shall comply with Civil Code Section 1954, that entry to
inspect any unit selected by the pest control operator and to
conduct follow-up inspections of surrounding units until the bed
bugs have been eliminated is a necessary service for the purpose
of Section 1954, and that tenants shall cooperate with
inspections to facilitate the detection and treatment of bed
bugs.
This bill would require the following actions following a pest
control operator's confirmation of a bed bug infestation:
the landlord shall notify in writing all tenants of units
identified for treatment by the pest control operator within
two business days of the findings of infestation. For
confirmed infestations in common areas, all tenants shall be
provided notice of the pest control operator's findings; and
the landlord shall provide affected tenants with information
about future inspections if further inspections of the
affected units or surrounding units are necessary, as
determined by the pest control operator, and shall provide
notice prior to entry as required under existing law.
This bill would require a landlord to contract with a pest
control operator to prepare and implement a bed bug treatment
program to begin a reasonable time after an infestation is
confirmed. This bill would specify that beginning the treatment
program within ten calendar days after the infestation is
confirmed shall be presumed to be a reasonable time.
This bill would require, at least seven calendar days prior to
treatment, the landlord to provide the affected tenants with all
of the following:
a statement from the landlord disclosing the date or dates of
treatment, the deadline for tenant preparation of the unit,
and the date, approximate hour, and approximate length of
time, if any, the tenant shall be required to be absent from
the unit;
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, and a
statement that any other tenant may also request an extension
of time to prepare the unit; and
a pretreatment checklist with information provided by the pest
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control operator.
This bill would specify that a tenant shall fulfill his or her
responsibilities for unit preparation before the scheduled
treatment, as described in the pest control operator's
pretreatment checklist, and that the tenant shall be responsible
for the management of his or her belongings.
This bill would require tenants who are not able to fulfill
their unit preparation responsibilities to promptly notify the
landlord, and would require the landlord to extend the
preparation time by three business days for a tenant not
entitled to a reasonable accommodation under law who requests an
extension of time to prepare the unit. If extensions of time
are provided in order to reasonably accommodate a tenant
required under law to receive a reasonable accommodation, or for
other tenants, this bill would require the landlord to provide
all affected tenants with notice of the revised dates and times
of treatment, as necessary.
This bill would state that 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.
This bill would specify that inspection of unit preparation and
bed bug treatment and post treatment inspection and monitoring
of all affected and surrounding units as recommended by the pest
control operator are necessary services for the purpose of Civil
Code Section 1954, and would require the landlord to provide
written notice of entry pursuant to this section for all
treatments and inspections.
This bill would require, no later than 30 days after a bed bug
infestation is confirmed by a pest control operator, or by a
code enforcement officer or a health officer, a pest control
operator and the landlord to prepare a written bed bug
management plan for the property, and to make the management
plan available to tenants upon request.
This bill would state that 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.
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This bill would preclude a lessor from retaliating against a
lessee for reporting a bed bug infestation by limiting the
lessor's ability to recover possession of the dwelling in an
action or proceeding, by causing the lessee to quit
involuntarily, by increasing the rent, or by decreasing any
services, within 180 days following such reporting, as
specified. This bill would specify that service of a three-day
notice and filing of an unlawful detainer action to enforce
tenant responsibilities stated in the above provisions shall not
be considered unlawful retaliation.
This bill would state that if a landlord has received notice of
an infestation and is in compliance with the requirements of
this bill, the property shall not, with respect to bed bugs, be
considered to be substandard, untenantable, or to be in breach
of the implied warranty of habitability.
This bill would state that a landlord or tenant disposing of
items infested with bed bugs, including bedding, furniture,
clothing, draperies, carpeting, or padding, shall securely seal
the material in a plastic bag that is: of a size as to readily
contain the disposed material; labeled as being infested with
bed bugs; and furnished as needed to the tenant by the property
owner or pest control operator.
This bill would authorize, in addition to any other remedies
provided by law, a landlord or tenant to sue for injunctive or
declaratory relief for violations of the above provisions.
This bill would provide that 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.
This bill would define the following terms:
"Bed bug management plan" means a written plan prepared by a
pest control operator for a property that outlines the
responsibilities of the landlord and tenant(s). Among other
things, bed bug management plans shall address: education of
tenants to reduce the risk of introduction of bed bugs to the
property and to encourage reporting; housekeeping and building
maintenance procedures to help prevent bed bug harborage; the
landlord's process for responding to bed bug related
complaints; and documentation pertaining to bed bug treatment
programs.
"Bed bug treatment program" means a program, based on National
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Pest Management Association (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, as specified.
"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, as specified.
"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.
"NPMA best practices" means best management practices for bed
bugs issued by the National Pest Management Association in
effect on January 1, 2016. "NMPA best practices" does not
include practices or actions that conflict with federal or
state law.
"Pest control operator" means an individual with a Branch 2
license from the Structural Pest Control Board.
"Pretreatment checklist" means unit preparation requirements
tailored to the bed bug treatment method, consistent with NPMA
best practices, including easy-to-understand instructions,
pictures, and diagrams, prepared by the pest control operator
and provided to tenants by the landlord or pest control
operator, as specified.
This bill would state the intent of the Legislature to occupy
the field with regard to this subject, and would provide that
cities, counties, and other local entities are prohibited from
enacting a local law on this subject, except as specified.
This bill would make other technical and conforming changes.
COMMENT
1.Stated need for the bill
The author writes:
AB 551 is a critical step in providing landlords and tenants
processes and procedures to address bed bug infestations and
resolve the issue expeditiously. More often than not, a bed
bug 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
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ensures landlords and tenants alike are protected and work
together to resolve the issue in an equitable manner.
AB 551 creates processes and procedures between landlords and
tenants for situations pertaining to bed bug infestation.
They include:
The distribution of information relating to bed bugs.
Notification protocols for bed bug infestations between
landlords and tenants.
The initiation of a bed bug management plan in the event
of an infestation.
Rights pertaining to injunctive relief for violations,
for both landlords and tenants.
1.Bed Bug Abatement Procedures
This bill would establish a comprehensive response framework for
abating bed bug infestations in residential tenancies. Before
an infestation occurs, landlords would be required to give new
and existing tenants written notices about bed bugs, how to
identify infestations, and procedures to report infestations to
the landlord. As soon as bed bugs are found at a property,
tenants would be required to notify their landlord within seven
days, and the landlord would have five days after receiving
notice to retain the services of a pest control operator to
verify the infestation. Once an infestation is verified by a
pest control operator, the landlord would have two business days
to notify affected tenants (or all tenants in the case of common
areas) of the infestation, and ten days to prepare and implement
a bed bug treatment program via contract with a pest control
operator.
Seven days prior to implementing the treatment program, the
landlord would be required to provide affected tenants with a
written notice indicating the date(s) and time(s) of treatment,
information about whether the unit must be vacated during
treatment, and a pretreatment checklist of tasks the tenant must
perform to prepare the unit for treatment. If a tenant is
unable to complete the pretreatment checklist in advance of the
designated treatment date, he or she may request a three day
extension, or a longer period if needed to accommodate a
disability.
No more than 30 days after the infestation is verified by a pest
control operator or other qualified governmental agent, the
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landlord must contract with a pest control operator to prepare a
bed bug management plan. Unlike a treatment plan, the bed bug
management plan is meant to prevent recurrence of bed bug
infestations through educating tenants, keeping records of bed
bug related complaints and activities, modifying housekeeping
and building maintenance procedures, and implementing routine
monitoring for the presence of bed bugs.
According to the sponsor, the Western Center on Law & Poverty,
these procedures "would take the first steps to establishing a
structure to deal with bed bugs," and result from "a working
group of landlords and tenant groups seeking to find consensus
on how to treat this difficult problem." The California
Apartment Association, writing in support, states that this bill
"strikes a reasonable balance between the needs of landlords and
tenants with respect to [bed bug] control and if enacted will
help reduce the [bed bug] population throughout California."
2.Notice of Entry
Existing law conditions when a landlord may enter a unit that
has been leased or rented to a tenant. Civil Code Section 1954
states that a landlord may enter a dwelling unit only in
specified conditions, including, for example, in emergencies, to
make necessary or agreed repairs and improvements, to supply
necessary or agreed services, and to exhibit the dwelling unit
to prospective purchasers. These restrictions on entry by a
landlord help to ensure that a tenant enjoys quiet possession of
the unit during his or her tenancy. If a landlord is to make
entry into a leased or rented unit for an authorized purpose,
typically the landlord must provide the tenant with advance
written notice 24 hours before the anticipated entry, stating
both the purpose for the entry and the approximate time when the
entry will occur. Written notice is not required if the
landlord and tenant orally agree to permit the landlord to
enter, under certain circumstances.
This bill would follow the existing advance notice protocol by
requiring a landlord to provide written notice to a tenant
pursuant to Section 1954 before entering a unit, with or without
a pest control operator, to inspect for bed bugs, to treat a bed
bug infestation, or to conduct post-infestation inspections and
monitoring. Advance notification prior to entry will help
ensure that tenants are not unduly burdened during the bed bug
abatement process, and that their right to quiet enjoyment of
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the dwelling unit is not undermined.
3.Opposition Concerns
The San Diego County Apartment Association (SDCAA), writing in
opposition, has expressed concern about the costs of preparing a
bed bug management plan as proposed in this bill. They state:
The requirement of a bed bug management plan unduly burdens
small property owners who will have to pay for a pest control
operator to develop a management plan for their property . . .
immediately after paying for treatment of an infestation.
Small property owners do not have the same operating budgets
as large multifamily communities, most of whom have management
plans in place. Pest control operators, knowing that the
property owner is required to obtain a plan, could charge
substantial prices for plans, which are likely to be
boilerplate. Furthermore, industry best practices, including
those recommended by the National Pest Management Association
(NPMA) already exist that could easily be made into model
management plans for owners of smaller properties.
SDCAA has also expressed concern about landlords having to carry
the full financial burden of abating bed bugs found in
residential tenancies. They state:
The costs associated with the treatment of an infestation
should not be bourn solely by landlords. Unfortunately,
tenants are typically found to be the parties that bring the
[bed bugs] onto the property. The law should state clearly
that if a tenant is responsible for an infestation, they can
be charged for the treatment of their unit and any other units
requiring treatment as a result. There are simple steps that
tenants can take to prevent infestations, such as not bringing
used or second-hand furniture onto the property and promptly
notifying the landlord of a suspected infestation, which can
help lessen the risk of a community-wide infestation.
4.Author's Amendments
The author offers the following amendments to clarify different
aspects of the bill, including the timing of certain actions and
the joint responsibilities tenants and landlords have in abating
and preventing bed bug infestations.
Author's Amendments:
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On page 5, line 34, after "landlord" insert "and tenant(s)"
On page 6, line 22, strike "report." and insert "report over
the preceding two years."
On page 6, line 23, before "verification" insert "records
pertaining to"
On page 6, line 24, strike "inspection and inspection" and
insert "inspections and inspections"
On page 6, line 34, strike "2015." and insert "2016."
On page 6, line 34, after the period insert: "NMPA best
practices" does not include practices or actions that conflict
with federal or state law.
On page 7, line 34, strike "Bed bugs do not transmit disease
but are a nuisance."
On page 8, line 9, before "California" insert "California
Department of Public Health,"
On page 8, line 15, strike "Whether" and insert "If
applicable, a statement that"
On page 8, strike line 16
On page 8, line 17, strike "knowingly"
On page 8, line 18, following "that" insert "the tenant knows
or reasonably should know"
On page 8, line 19, after "seven" insert "calendar"
On page 8, line 27, strike "an infestation or" and insert "a"
On page 8, line 29, strike "tenant's complaint" and insert
"suspected infestation"
On page 8, line 36, following "detection" insert "and
treatment"
On page 8, line 37, following "information" insert "that is
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necessary"
On page 8, line 37, following "detection" insert "and
treatment"
On page 9, line 3, strike "48 hours" and insert "two business
days"
On page 9, line 10, strike "inspections." and insert
"inspections, unless such information was disclosed in a prior
notice."
On page 9, line 10, strike "subsequent"
On page 9, line 11, strike "a separate"
On page 9, line 15, strike "Ten" and insert "Beginning the
treatment program within ten calendar"
On page 9, line 16, strike "confirmation" and insert "is
confirmed"
On page 9, line 16, strike "as" and insert "to be"
On page 9, line 22, before "hour" insert "approximate"
On page 9, line 22, before "length" insert "approximate"
On page 9, line 23, after "be" insert "required to be"
On page 10, line 2, after "three" insert "business"
On page 10, line 7, after "dates" insert "and times"
On page 10, line 8, strike "subdivision (a)." and insert
"subdivision (b), as necessary."
On page 10, line 17, strike "separate"
On page 10, line 18, strike "for treatments." and insert "to
affected tenants for all treatments and inspections."
On page 10, line 19, strike "After" and insert "No later than
30 calendar days after"
On page 10, line 34, after "has" insert "received"
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On page 10, line 34, strike "follows the procedures" and
insert "is in compliance with the requirements"
On page 10, line 39, strike "tenant" and insert "tenant, when"
On page 10, line 39, strike "items" and insert "personal
property that they own or control, which is"
On page 11, line 1, strike "material" and insert "property"
On page 11, line 5, strike "property owner" and insert
"landowner"
On page 11, between lines 12 and 13, insert "1954.23. Failure
to comply with NMPA best practices shall not constitute a
violation of this chapter if copies of the NMPA best practices
are not available to the public free of charge."
On page 11, line 13, strike "1954.23" and insert "1954.24"
Support : California Apartment Association; California
Association of Realtors; Mosquito and Vector Control Association
of California
Opposition : San Diego County Apartment Association
HISTORY
Source : Western Center on Law and Poverty
Related Pending Legislation : SB 328 (Hueso, 2015) would require
a landlord or the landlord's agent to provide a tenant, and any
tenant of adjacent units, with advance written notice of the use
of pesticides at the dwelling unit if the landlord or authorized
agent applies any pesticide without a licensed structural pest
control operator. This bill would require the posting of a
similar notice at least 24 hours prior to applying a pesticide
in a common area without a licensed structural pest control
operator, unless the pest poses an immediate threat to health
and safety, in which case the notice would be required to be
posted as soon as practicable, but not later than one hour after
the pesticide is applied. This bill is pending in the Assembly
Judiciary Committee.
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Prior Legislation :
SB 488 (Hueso, Ch. 89, Stats. 2013) authorized a code
enforcement officer, upon successful completion of a course of
study in the appropriate subject matter as determined by the
local jurisdiction, to deem a building to be a substandard
building when the officer determines that an infestation of
insects, vermin, or rodents exists to the extent that it
endangers the life, limb, health, property, safety, or welfare
of the public or its occupants, as specified.
AB 967 (Hueso, 2013) would have, among other things, authorized
a local enforcement agency, including an environmental agency,
housing department, or building department, to deem a building
to be a substandard building when the agency determines that an
infestation of insects, vermin, or rodents exists to the extent
that it endangers the life, limb, health, property, safety, or
welfare of the public or its occupants. This bill died in the
Assembly Housing and Community Development Committee.
Prior Vote :
Assembly Floor (Ayes 63, Noes 11)
Assembly Judiciary Committee (Ayes 7, Noes 0)
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