BILL ANALYSIS Ó
AB 551
Page 1
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