BILL ANALYSIS Ó AB 551 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 551 (Nazarian) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |63-11 |(June 3, 2015) |SENATE: |29-10 |(August 23, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 551 Page 2 (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 AB 551 Page 3 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 AB 551 Page 4 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 AB 551 Page 5 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 AB 551 Page 6 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