BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 551


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          551 (Nazarian)


          As Amended  August 19, 2016


          Majority vote


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          |ASSEMBLY:  |63-11 |(June 3, 2015) |SENATE: |29-10 |(August 23,      |
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          Original Committee Reference:  JUD.




          SUMMARY:  Establishes new requirements for landlords and tenants  
          to facilitate the prompt treatment and control of bed bugs in  
          residential rental housing.  Specifically, this bill:   


          1)Requires a landlord, on and after July 1, 2017, 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; and b) the procedure to  
            report suspected infestations to the landlord.


          2)Requires the above notice to be provided to all other  








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            (existing) tenants by January 1, 2018.


          3)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.


          4)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. 


          5)Clarifies that the above prohibition does not impose a duty on  
            a landlord to inspect a dwelling unit or the common areas of  
            the premises for bed bugs if the landlord has no notice of a  
            suspected or actual bed bug infestation, and that the landlord  
            shall be considered to have notice if a bed bug infestation is  
            evident on visual inspection.


          6)Requires tenants to cooperate with the inspection to  
            facilitate the detection and treatment of bed bugs, including  
            providing requested information necessary to facilitate the  
            detection of bed bugs to the pest control operator (PCO).


          7)Permits entry into a tenant's unit selected by the PCO to  
            conduct inspection for bedbugs and permits entry for follow-up  
            inspections of surrounding units until bed bugs are  
            eliminated, as long as the entry complies with requirements  
            for advance notice and other provisions of Civil Code Section  
            1954.


          8)Requires the landlord to notify all tenants of units inspected  
            by the PCO of the PCO's findings.  Further requires the  
            notification to be in writing and within two business days of  
            receipt of the pest control operator's findings, and requires  
            the notice of the findings notice to be provided to all  








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            tenants for confirmed infestations in common areas.


          The Senate amendments:  


          1)Narrow the scope of the bill by deleting selected provisions  
            that prescribe various duties of landlords and tenants in the  
            case of bed bug infestation in rental housing.


          2)Revise the contents of the written notice containing  
            information about bedbugs provided by landlords to prospective  
            tenants, beginning January 1, 2017, and to all other tenants,  
            by January 1, 2018.


          3)Clarify that the bill does not impose a duty on a landlord to  
            inspect a dwelling unit or the common areas of the premises  
            for bed bugs if the landlord has no notice of a suspected or  
            actual bed bug infestation.


          4)Revise the Legislative findings and declarations to recommend  
            that the Structural Pest Control Board establish training in  
            bed bug management as part of any minimum hour requirement for  
            PCOs, as specified, and that PCOs follow best practices, such  
            as those created by the National Pest Management Association  
            when investigating or treating a bed bug infestation in a  
            residential rental property.


          5)Include language to avoid chaptering out conflict with AB 2881  
            (Assembly Judiciary Committee) of the current legislative  
            session.


          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  








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          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... 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 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 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.  


          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.  Lack of cooperation by landlords  








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          and tenants can undermine pest control operator efforts to  
          identify the presence of bed bugs and control an infestation.   
          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.


          Proponents contend that the NPMA best practice guidelines are  
          "nationally recognized" and "reflect the best and most current  
          knowledge with respect to bed bugs."  Accordingly, the bill  
          finds and declares that:  1) PCOs with knowledge and education  
          in current best practices for bed bug management, such as those  
          created by the NPMA, are best equipped to help property owners  
          and tenants eradicate bed bugs from their home; and 2) the  
          Structural Pest Control Board should incorporate training in bed  
          bug management based on the NPMA best practices for the issuance  
          or renewal of a Branch 2 operator, field representative, or  
          applicator license.


          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.  This requirement applies to all new  
          tenancies created on or after July 1, 2017, but would also  
          require the bed bug informational notice to be provided to all  
          existing tenants by January 1, 2018.  Amendments to the bill  
          revise the information about bed bugs provided to tenants,  
          including information about the appearance of bed bugs and how  
          to spot signs of possible infestation.


          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  








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          against a tenant who has provided notice to the landlord of a  
          suspected bed bug infestation.  


          Proper notice for entry.  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  
          (CC) 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 CC Section 1954,  
          this bill clarifies that entry to inspect any unit selected by  
          the PCO and to conduct follow-up inspections of surrounding  
          units until bed bugs are eliminated are necessary services  
          authorizing entry into the premises.  This bill further requires  
          the tenant to cooperate with the inspection to facilitate the  
          detection and treatment of bed bugs, including providing  
          requested information that is needed to facilitate such  
          detection and treatment.  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.


          Analysis Prepared by:                                             
          Anthony Lew / JUD. / (916) 319-2334FN: 0004830