HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON)

A BILL FOR

An Act relating to the treatment and control of bed bug infestation under the uniform residential landlord and tenant Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 562A.6, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  01.  “Bed bug” means an insect of the species “cimex lectularius”, commonly referred to as bed bug.
    Sec. 2.  Section 562A.6, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  001.  “Bed bug infestation” means the presence of bed bugs or signs of their presence in a quantity large enough that the tenant of the dwelling unit has knowledge or should have knowledge concerning the presence of bed bugs in the unit.
    Sec. 3.  NEW SECTION.  562A.15A  Landlord to maintain premises free of bed bugs.
   1.  The landlord shall maintain the premises free of a bed bug infestation.
   2.  Upon provision of written notice pursuant to section 562A.17A, subsection 3, to a landlord from a tenant of a dwelling unit that the tenant suspects the presence of bed bugs in the tenant’s unit, the landlord’s designated pest control professional shall visually inspect the unit for bed bugs within seven days.
   3.  Upon conclusion that an infestation of bed bugs does exist in the unit following an inspection in accordance with subsection 2, the landlord shall, within fourteen days, commence controlling the bed bug infestation in the dwelling unit. Control of bed bugs is complete when no evidence of bed bug activity has occurred in the dwelling unit for fifty days after the last application of any treatment.
   4.  The landlord shall give notice to the tenant pursuant to section 562A.19, subsection 3A, that the landlord requires access to the dwelling unit for the purpose of inspecting or controlling the infestation of bed bugs.
   5.  Except when the landlord has been grossly negligent or has violated section 562A.15 or this section, the landlord and the landlord’s employees and agent shall not be liable to the tenant or the tenant’s guests, invitees, family members, heirs, subtenants, or any and all successors or assigns for any and all damages relating to and arising from the infestation of bed bugs or the inspection for and control of bed bugs.
   6.  A landlord shall not be held liable for damages related to the presence of bed bugs in the tenant’s unit when a tenant fails to notify the landlord of the presence of bed bugs within forty-eight hours of first obtaining knowledge.
   7.  A landlord shall not be liable to the tenant or the tenant’s guests for any damages relating to and arising from the presence of bed bugs if the tenant obstructs or inhibits the ability of the landlord, the landlord’s agent, or employees of the landlord’s designated pest control company to gain access to the unit for purposes of conducting an inspection and controlling bed bugs or if the tenant fails to cooperate with the landlord, the landlord’s agent, or employees of the landlord’s designated pest control company in a manner determined to be necessary to satisfactorily complete requisite treatments to control a bed bug infestation.
    Sec. 4.  NEW SECTION.  562A.17A  Tenant to maintain property free of bed bugs.
   1.  A tenant of a residential rental property shall maintain the tenant’s dwelling unit free of a bed bug infestation.
   2.  The failure of a tenant to report any bed bug infestation within the tenant’s dwelling unit within seven days after the tenant moves in shall be an acknowledgment by the tenant that the dwelling unit is free of bed bugs.
   3.
  a.  A tenant who has knowledge of or should have knowledge of a bed bug infestation or who suspects the presence of bed bugs in the dwelling unit based on the presence of characteristic bite marks or other known indicating factors, shall notify the landlord in writing, as to the presence of bed bugs within forty-eight hours of obtaining knowledge.
   b.  The control of bed bugs in a dwelling unit may constitute damages to the unit beyond normal wear and tear and the landlord may itemize and deduct the actual bed bug control costs pursuant to section 562A.12 if the tenant fails to provide notice in accordance with this subsection. The landlord shall have a separate cause of action for the collection of costs related to the control of bed bugs that exceeds a tenant’s security deposit and for which the tenant is liable under this subsection.
   c.  A tenant who fails to notify the landlord of bed bugs in accordance with this subsection shall be held liable for all bed bug control expenses for the unit and surrounding units that are or may become infested with bed bugs. Such expenses may include but are not limited to:
   (1)  The cost of the bed bug control treatment or treatments.
   (2)  The removal and replacement of carpet or flooring.
   (3)  The removal and replacement of cabinets or other surfaces.
   (4)  Repainting.
   (5)  The cost borne by the landlord of housing each resident displaced from a dwelling unit that became infested with bed bugs as a result of the tenant’s failure to notify the landlord of the presence of bed bugs in accordance with this subsection.
   4.  If, after receiving notice of an inspection or control procedure pursuant to 562A.15A, subsection 4, the tenant obstructs or inhibits the ability of the landlord, the landlord’s agent, or the employees of the landlord’s designated pest control company to gain access to the unit for purposes of conducting an inspection or controlling bed bugs, or the tenant fails to cooperate with the landlord, the landlord’s agent, or employees of the landlord’s designated pest control company in a manner determined to be necessary to satisfactorily complete requisite treatments to control the bed bug infestation, the tenant will be found to have violated section 562A.17 for failure to maintain the dwelling unit in a way that has materially affected health and safety. A violation of this subsection entitles the landlord to terminate the tenancy and seek damages.
   5.
  a.  The tenant shall comply with protocol set by the landlord, the landlord’s agent, and the landlord’s designated pest control company, which is deemed necessary to carry out control of a bed bug infestation including but not limited to pretreatment activities, evacuation of the dwelling unit during and after treatment for a specified period of time, the completion of all posttreatment activities, and the immediate reporting of ineffective treatment or a new infestation of bed bugs to the landlord.
   b.  Failure to strictly comply with the protocol set by the landlord, the landlord’s agent, and the pest control company in accordance with this subsection will result in the tenant being financially responsible for all pest control treatments of the unit and surrounding units that are or may become infested with bed bugs as a result of the tenant’s noncompliance. Such expenses may include but are not limited to:
   (1)  The cost of the bed bug control treatment or treatments.
   (2)  The removal and replacement of carpet or flooring.
   (3)  The removal and replacement of cabinets or other surfaces.
   (4)  Repainting.
   (5)  The cost borne by the landlord of housing each resident displaced from a dwelling unit that became infested with bed bugs as a result of the tenant’s failure to notify the landlord of the presence of bed bugs in accordance with this subsection.
   6.  A tenant of a dwelling unit shall not apply any bed bug control technique including but not limited to poisoning, spraying, fumigating, trapping, or any other recognized and lawful pest elimination method.
   7.  The landlord and tenant may agree in writing that the tenant is wholly responsible for any and all bed bug control costs associated with, or arising from, infestation of the tenant’s dwelling unit.
    Sec. 5.  Section 562A.19, subsection 1, Code 2011, is amended to read as follows:
   1.  The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services,
 
conduct an inspection for bed bugs or control a bed bug infestation, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
    Sec. 6.  Section 562A.19, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  If the purpose of entry is to conduct an inspection for bed bugs or to control a bed bug infestation, the landlord shall give the tenant at least twenty-four hours’ written notice of the landlord’s intent to enter.
EXPLANATION
   This bill adds language to the uniform residential landlord and tenant Act regarding bed bugs in residential rental property units. The bill provides that both the landlord and the tenant shall maintain the dwelling unit free of an infestation of bed bugs. The bill provides that the tenant’s failure to report a bed bug infestation within seven days of moving in is an acknowledgment that the unit is free of bed bugs. The bill requires the tenant of a dwelling unit to report any bed bug infestation within 48 hours of when the tenant obtained knowledge of the infestation, should have obtained knowledge of the infestation, or suspected the presence of bed bugs. A tenant’s failure to notify the landlord within 48 hours results in the tenant becoming liable for bed bug control expenses, as specified in the bill, for the unit and surrounding units, and the expenses may be deducted from the tenant’s security deposit. If the tenant fails to inform the landlord of the presence of bed bugs, the tenant cannot hold the landlord liable for damages related to the presence of bed bugs in the unit.
   The bill provides that a landlord’s designated pest control professional must visually inspect a unit within seven days of the landlord’s receipt of notice of a potential bed bug infestation from a tenant. The landlord shall begin controlling the bed bug infestation in the dwelling unit within 14 days of the conclusion that an infestation exists in the unit. The landlord must give 24 hours’ written notice to the tenant when the landlord requires access to the unit for purposes of inspecting for bed bugs or controlling a bed bug infestation. The bill provides that a landlord is not liable to the tenant for any damage relating to and arising from the bed bug infestation or control of bed bug infestation except when the landlord was grossly negligent or if the landlord violates the statutory duty to maintain the premises in fit condition.
   The bill also provides that the tenant may not obstruct or inhibit the ability of the landlord, the landlord’s agent, or employees of the pest control company from accessing the unit to inspect the unit for bed bugs or to control the bed bug infestation. If a tenant fails to cooperate satisfactorily or fails to allow access after receiving notice of entry into the unit, the tenant will be in violation for failing to maintain the dwelling unit in a way that has materially affected health and safety. The bill provides that a landlord may terminate and seek damages for a tenant’s failure to allow access or failure to cooperate. If the tenant fails to allow access or fails to cooperate, neither the tenant nor the tenant’s guests may hold the landlord liable for any damages relating to the presence of bed bugs.
   The bill provides that a tenant also must comply with control protocol set forth by the landlord, the landlord’s agent, and the pest control company. The tenant’s failure to do so will result in the tenant becoming financially responsible for all pest control treatments of the unit and surrounding units that are or may become infested with bed bugs as a result of the tenant’s noncompliance. The bill provides that a tenant is prohibited from applying any bed bug control techniques. The bill further provides that a landlord and tenant may agree in writing that the tenant is responsible for bed bug control costs pertaining to infestation of the tenant’s dwelling unit.