BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 551|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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.










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          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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           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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             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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           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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