‘ AB 551, BED BUGS ASSEMBLYMEMBER ADRIN NAZARIAN This bill: AB 551 creates processes and procedures between landlords and tenants for situations pertaining to bedbug infestation. Processes include: The distribution of information relating to bedbugs. Notification protocols for bedbug infestation between landlord and tenant The initiation of a bedbug management plan in the event of an infestation. Rights pertaining to injunctive relief for violations, for both landlords and tenants. Background: Bedbugs are small, oval, brownish insects that live on the blood of animals or humans. They enter into a home undetected through luggage, clothing, used beds, and other items. Bedbugs are most commonly found in mattresses, box springs, bed frames, and headboards where they have easy access to people during the night.Over time, however, they may scatter through the bedroom, moving into any crevice or protected location. They may also spread to nearby rooms or apartments. Existing law specifies certain responsibilities of landlords and tenants. Landlords are required to provide and maintain a clean living environment free from “vermin.”1 This includes bedbugs. Conversely, tenants are required to keep a clean environment, and are held accountable for damages due to negligence of these statutory requirements. 2 1 2 California Civil Code §1941.1 California Civil Code §1941.2 However, the Civil Code protects tenants from landlord retaliation, should they organize tenants or summon a government agency for an inspection, and request bedbug treatment.3 Purpose: AB 551 creates guidelines for communication between landlords and tenants to resolve bed bug infestations. Because bedbugs live solely on blood, having them in a home is not a sign of dirtiness. You are as likely to find them in a clean home or hotel room as in dirty ones. There is no real way to tell how a bedbug infestation has occurred. This leaves to contentious situations where landlords exercise willful blindness, or tenants become uncooperative in having management come into their residence. The absence of a bed bug protocols and management laws, leave landlords and tenants alike, without clear direction on how to approach bedbug infestations. This leads to contentious disputes and costly litigation between both parties. Support: Western Center on Law & Poverty (Sponsor) Opposition: None on File Staff Contact: Hrag Kitsinian 916.319.2411 [email protected] 3 California Civil Code §1942.5 Last Updated: 4.3.2015
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