Assembly Bill 551 Fact Sheet

Transcription

Assembly Bill 551 Fact Sheet
‘
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
Hrag.Kitsinian@asm.ca.gov
3
California Civil Code §1942.5
Last Updated: 4.3.2015