BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 551|
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THIRD READING
Bill No: AB 551
Author: Nazarian (D)
Amended: 7/15/15 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 5-1, 7/7/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Moorlach
NO VOTE RECORDED: Anderson
ASSEMBLY FLOOR: 63-11, 6/3/15 - See last page for vote
SUBJECT: Rental property: bed bugs
SOURCE: Western Center on Law and Poverty
DIGEST: This bill requires landlords to provide prospective
tenants with specified information about bed bugs, prohibits
tenants from bringing items infested with bed bugs onto a
property, and requires tenants who find bed bug infestations to
notify their landlord within seven days. This bill requires a
landlord to retain the services of a pest control operator after
receiving notification of an infestation, and if an infestation
is confirmed requires 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 prohibits a
landlord from renting or leasing a vacant dwelling unit that the
landlord knows, or reasonably should know, has a bed bug
infestation.
AB 551
Page 2
ANALYSIS:
Existing law:
1) Regulates the terms and conditions of residential tenancies.
(Civ. Code Sec. 1940 et seq.)
2) 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
occupation, and to repair all subsequent dilapidations
thereof, which render it untenantable. (Civ. Code Sec.
1941.)
3) 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.)
4) 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.)
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Page 3
5) 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. 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:
1) Makes specified findings and declarations relative to bed
bugs and efforts to control bed bug infestations in
residential tenancies.
2) Requires 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.
3) Prohibits a tenant from bringing onto a property personal
furnishings or belongings that the tenant knows or reasonably
should know are infested with bed bugs.
4) Requires 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.
5) Requires 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 days of
receiving notice of a suspected bed bug infestation.
6) States 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
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Page 4
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.
7) Requires 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.
1) Requires 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.
Specifies that beginning the treatment program within 10
calendar days after an infestation is confirmed shall be
presumed to be a reasonable time.
2) Requires, 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,
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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 control operator.
1) Specifies 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.
2) Requires tenants who are not able to fulfill their unit
preparation responsibilities to promptly notify the landlord,
and requires 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 requires the landlord to provide all affected
tenants with notice of the revised dates and times of
treatment, as necessary.
3) States 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.
4) Specifies 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 requires the landlord to provide
written notice of entry pursuant to that section for all
treatments and inspections.
5) Requires, 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.
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Page 6
6) States 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.
7) Precludes 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. Specifies
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.
8) States 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.
9) States 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.
10)Authorizes, 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.
11)Provides 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.
12)Defines 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
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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 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.
1) States the intent of the Legislature to occupy the field
with regard to this subject, and provides that cities,
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counties, and other local entities are prohibited from
enacting a local law on this subject, except as specified.
2) Makes other technical and conforming changes.
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
Page 9
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
Page 10
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
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.
Prior/Related Legislation
SB 328 (Hueso, 2015) requires 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. The bill
requires 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. The bill is
pending in the Assembly Judiciary Committee.
SB 488 (Hueso, Chapter 89, Statutes of 2013) authorized a code
enforcement officer, upon successful completion of a course of
study in the appropriate subject matter as determined by the
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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. The bill died in the
Assembly Housing and Community Development Committee.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified7/7/15)
Western Center on Law and Poverty (source)
California Apartment Association
California Association of Realtors
Mosquito and Vector Control Association of California
OPPOSITION: (Verified7/7/15)
Apartment Association, California Southern Cities
Apartment Association of Orange County
East Bay Rental Housing Association
Nor Cal Rental Property Owners Association
North Valley Property Owners Association
San Diego County Apartment Association
ARGUMENTS IN SUPPORT: According to the California Apartment
Association, this bill takes on the challenge of bed bug
prevention and control as it relates to residential rental
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property. This bill requires the landlord to provide to every
tenant information about bed bugs and the rights and
responsibilities of both landlords and tenants. This bill
prohibits tenants from bringing items known to be infested into
the unit, and tenants are mandated to report any suspected
infestations as soon as possible so that the problem can be
addressed before the bed bug population increases. Once the bed
bugs have been controlled, the property will remain subject to a
bed bug management plan, prepared by the owner and pest control
operator, to ensure that any future bed bug problem is swiftly
addressed. 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.
ARGUMENTS IN OPPOSITION: According to the San Diego County
Apartment Association, 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
already exist that could easily be made into model management
plans for owners of smaller properties.
ASSEMBLY FLOOR: 63-11, 6/3/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla,
Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu,
Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,
Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,
Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Lackey, Levine, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Mullin, Nazarian, Olsen, Perea, Quirk,
Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,
Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood,
Atkins
NOES: Bigelow, Brough, Chávez, Beth Gaines, Grove, Harper,
Melendez, Obernolte, Patterson, Wagner, Waldron
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NO VOTE RECORDED: Chang, Gallagher, Hadley, Kim, Linder,
O'Donnell
Prepared by:Tobias Halvarson / JUD. / (916) 651-4113
7/15/15 14:55:39
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