Bed Bug Laws: Scope And Applicability

Bed bugs are a major problem for both landlords and tenants. Bed bug infestations pose physical, psychological, and financial challenges to residents. To address this issue, 23 states in the US have passed or enacted bed bug-specific legislation or rule-making. These laws vary from state to state and focus on different settings such as multifamily housing, vacation homes, hotels, and schools. For example, in New York City, Local Law 69 of 2017 requires landlords of multiple dwellings to submit annual bed bug reports and disclose the bed bug history of the specific unit and the building to new tenants. This raises the question: how many units do these bed bug laws apply to?

Landlord disclosure requirements

In New York City, bed bugs are classified as a Class B violation, and landlords are responsible for completing extermination within 30 days. Local Law 69 of 2017 mandates that landlords disclose a one-year history of bed bug infestations to new tenants for both the specific unit and the building.

Some states require landlords to disclose bed bug infestations even if a prospective tenant doesn't ask, while others mandate disclosure only when asked. Nearly all laws prevent landlords from renting or advertising a unit with a known current infestation.

In addition to disclosing the history of bed bugs, some local laws require landlords to:

• Provide tenants with information about bed bugs, including identification, habits, and signs of infestation.
• Require tenants to report possible infestations within a specified timeframe, such as 24-48 hours.
• Inspect the unit within a certain timeframe, typically 5 to 10 days, upon receiving a complaint.
• Hire qualified exterminators to address the infestation.
• Notify tenants of any bed bug problems in writing or orally.

It is important for landlords to be aware of the specific laws and regulations in their area to ensure compliance with disclosure requirements.

Tenant reporting obligations

The presence of bed bugs in a rental property is a serious issue that requires prompt action from both landlords and tenants. Tenants have specific obligations and responsibilities when it comes to reporting and addressing bed bug infestations. Here is an overview of the key tenant reporting obligations:

Prompt Notification:

When a tenant suspects or becomes aware of a bed bug infestation in their dwelling unit, they are required to notify their landlord without delay. This notification can be given through written or electronic means, as specified in the rental agreement. Tenants should provide sufficient proof of delivering the electronic notice to ensure their landlord has received the information.

Cooperation with Inspection and Treatment:

Tenants must cooperate with their landlord's efforts to address the bed bug infestation. This includes granting reasonable access to the dwelling unit for inspection and treatment purposes. Landlords are typically required to provide notice before entering the unit, and tenants should not unreasonably deny access. Additionally, tenants may be responsible for preparing their unit for inspection and treatment, incurring costs associated with this preparation.

Compliance with Control Measures:

To effectively manage and eradicate bed bugs, tenants should follow the specific control measures and guidelines provided by their landlord or pest management professionals. This may include instructions on how to prepare the unit, such as removing items from closets and shelves, washing bedding and clothing, and vacuuming affected areas. Compliance with these measures is essential to ensure the success of the treatment and to prevent re-infestation.

Reporting to the Department of Housing Preservation and Development (HPD):

In some jurisdictions, such as New York City, tenants play a crucial role in enforcing bed bug management laws. If a tenant reports a bed bug infestation to the HPD, the department will conduct an inspection to verify the claim. If bed bugs are found, the HPD will issue a violation notice to the landlord, mandating prompt action to address the issue. This reporting mechanism ensures compliance with bed bug management regulations and protects the tenant's right to a safe and healthy living environment.

Disclosure of Information:

In certain states, tenants may be required to disclose information about bed bug infestations to their landlord. For example, in California, tenants must notify their landlord about suspected or confirmed infestations. This allows landlords to take appropriate action and helps to protect other tenants in the building from potential infestations.

It is important for tenants to be proactive and vigilant in reporting bed bug sightings or suspicions. Early detection and treatment are crucial in preventing the spread of bed bugs to other areas of the building. By fulfilling their reporting obligations, tenants can contribute to effective bed bug management and maintain a safe and habitable living environment.

Landlord inspection and treatment protocols

Annual Reporting

In New York City, Local Law 69 of 2017 requires owners of multiple-dwelling buildings to submit an annual bed bug report to the NYC Department of Housing Preservation and Development (HPD). This report must include the total number of dwelling units, the number of units with bed bug infestations, the number of units treated for bed bugs, and the number of units that still had bed bug issues after treatment.

Disclosure to Tenants

Landlords must disclose a one-year history of bed bug infestations to new tenants, informing them of any infestations in their specific unit and the building at large. This disclosure ensures transparency and helps tenants make informed decisions about their living environment.

Bed Bug History Report

Local Law 69 also necessitates obtaining a bed bug infestation history from all tenants and unit owners, including information on whether eradication measures were taken. This information must be submitted electronically to the HPD, and the filing receipt must be provided to tenants or posted prominently.

Record-Keeping

To ensure accountability and transparency, HPD regulations mandate that landlords maintain comprehensive records of all bed bug eradication efforts. This includes documentation of inspections, treatments, and communication with tenants regarding the infestation. These records must be kept for at least one year, providing proof of compliance with bed bug management regulations.

Inspection and Treatment

When a tenant reports a bed bug infestation, the HPD will conduct an inspection to verify the claim. If bed bugs are present, the landlord will receive a violation notice, legally mandating them to address and rectify the issue promptly.

Landlords should engage licensed pest control professionals to assess the situation, recommend a course of action, and treat the infestation using approved methods, such as chemical treatments, heat treatments, or a combination of tactics.

Prevention and Collaboration

Both landlords and tenants play a role in preventing bed bug infestations. Landlords should conduct regular inspections and maintain the property to minimize hiding places for bed bugs. Tenants can reduce the risk by inspecting second-hand furniture and being vigilant when traveling.

A collaborative approach is essential for effective bed bug management in rental properties. Landlords and tenants must work together, following the guidance of pest control professionals, to ensure swift resolution and maintain bed bug-free living environments.

Tenant rights and remedies

The rights and remedies available to tenants facing bed bug infestations can vary depending on the state or local laws. Here are some general guidelines and common provisions to keep in mind:

Reporting and Inspection

When tenants suspect or identify a bed bug infestation, they should promptly notify their landlord or property manager. This notification is typically done in writing, and some states may have specific time frames for reporting, such as within 24-48 hours of discovering the issue. Tenants should document their concerns, including the date of their observations, to protect themselves from any claims of fault for the infestation.

After receiving notice, landlords are generally required to inspect the unit for bed bugs, either themselves or by hiring a qualified inspector or pest control expert. Landlords must give proper notice before entering the tenant's unit for inspection and work with the tenant to coordinate access.

Treatment and Costs

If an inspection confirms the presence of bed bugs, landlords are typically responsible for treating the infestation and covering the associated costs. This includes treating not only the affected unit but also any contiguous units to prevent further spread. However, determining the source of bed bugs in multi-unit buildings can be challenging, and landlords may try to assign fault to tenants.

Tenants are generally required to cooperate with the landlord's extermination efforts and comply with any specific control measures put in place. They may also need to cover the costs of preparing their unit for inspection and treatment, such as moving furniture or laundering clothing.

Disclosure and Prevention

Landlords are prohibited from renting units that they know or suspect are infested with bed bugs. They are also required to disclose the bed bug history of the property to prospective tenants, even if not specifically asked. This disclosure includes information about past infestations, the last date of inspection, and details about bed bug identification, biology, prevention, and treatment options.

To protect themselves, tenants should ask direct questions about any prior infestations and request information on bed bug prevention and control. They can also inspect the property before moving in, hire an exterminator for an independent inspection, and carefully review their lease and any bed bug addendums.

Remedies for Non-Compliance

If a landlord fails to address a bed bug infestation or comply with disclosure requirements, tenants may have several options for recourse:

• Withholding rent or using repair-and-deduct remedies (allowed in some states)
• Breaking the lease and moving out early without penalty
• Suing the landlord for damages, including the cost of pest control, replacement of damaged items, and psychological consequences
• Seeking court orders to force the landlord to hire an exterminator, refund rent for the affected period, or comply with treatment requirements

It is important for tenants to consult with a local landlord-tenant attorney or housing resource before taking any action, as the specific laws and remedies can vary by state and local jurisdiction.

Property owner penalties and consequences

Bed bugs are a major problem for property owners and tenants alike. While the specific laws vary from state to state, property owners generally face significant penalties and consequences if they fail to address bed bug infestations. Here is an overview of the potential penalties and consequences for property owners:

Financial Costs

Property owners are typically responsible for the costs associated with bed bug extermination. This includes the cost of hiring qualified exterminators, as well as any tenant relocation costs that may arise during the treatment process. In some cases, property owners may also be held liable for the cost of replacing tenants' personal items damaged by bed bugs.

Damage to Reputation

A history of bed bug infestations can severely damage a property owner's reputation. Tenants often want to know the bed bug history of a property before signing a lease, and open violations are publicly available information. A property with a history of bed bug issues may struggle to attract prospective renters and retain existing tenants. This can lead to higher vacancy rates and a negative impact on the owner's creditworthiness.

Legal Consequences

In some states, landlords are required by law to disclose a property's history of bed bug infestations, even if a prospective tenant doesn't specifically ask about it. Failing to make these disclosures or providing false information can result in legal consequences for the property owner. Depending on local laws, tenants may have the right to break their lease and leave without penalty, withhold rent, or take legal action against the landlord.

Compliance with Local Laws

Local laws, such as New York City's Local Law 69, impose specific requirements on property owners regarding bed bug reporting and management. For example, property owners in NYC must submit annual bed bug reports to the Department of Housing Preservation and Development (HPD). Failure to comply with these local laws can result in violations, fines, and penalties from the relevant authorities.

Impact on Property Sales and Refinancing

A history of bed bug issues and associated violations can create challenges for property owners looking to sell or refinance their properties. Prospective buyers or lenders may view these issues as a liability, potentially impacting the sale or refinancing process.

In summary, property owners who fail to address bed bug infestations in a timely and effective manner face a range of penalties and consequences, including financial costs, reputational damage, legal consequences, and difficulties in complying with local laws and regulations. To avoid these issues, property owners should stay informed about their responsibilities and take proactive measures to prevent and address bed bug infestations in their properties.

Frequently asked questions