10 Bed Bugs: Legal Issues
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The document discusses landlord and tenant obligations regarding bed bug infestations under Ohio law and other housing codes. It outlines that landlords are responsible for treating infestations in common areas and exterior property, while tenants are responsible for treatment within the unit they occupy. However, if an infestation spreads due to improper construction, both parties may share responsibility. The challenges for both landlords and tenants in dealing with bed bugs are also reviewed.
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![2011 Central Ohio Bed Bug Task Force Summit BED BUG SEMINAR Instructors: Bill Willis Willis Law Firm, LLC 141 E. Town Street, Suite 200 Columbus, Ohio 43215 P. 614.324.0442 F. 614.324.0460 [email_address] www.willislawohio.com Paul G. Wilkins Supervising Attorney, OSU Legal Clinic 33 West 11 th Avenue, Suite 209 Columbus, Ohio 43210 P. 614-247-5853 [email_address]](https://image.slidesharecdn.com/willisandwilkinslegalissues-110914071131-phpapp01/85/10-Bed-Bugs-Legal-Issues-1-320.jpg)
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Three agencies in Greater Columbus are responsible for investigating bed bug complaints in rental housing: Columbus Code Enforcement for multi-family units in Columbus, Worthington Code Enforcement for multi-family units in Worthington, and Franklin County Public Health for multi-family and single family units elsewhere in Franklin County. The agencies can order landlords to treat infested units and refer non-compliant landlords to legal action, but cannot intervene in financial disputes, recommend pest professionals, or help tenants break leases.5 NPMA Bed Bug Best Management Practices & Global Perspective
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This document summarizes Gene Harrington's presentation on bed bugs to the Central Ohio Bed Bug Task Force. Some key points:
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- The NPMA has established a Blue Ribbon Bed Bug Task Force to address the issue through public policy advocacy, research, public outreach and developing best management practices.
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Bed bugs are becoming more common in office environments, transported unintentionally on employees' clothing or belongings. If bed bugs are found in an office, management should identify the location, survey other areas, and contact a licensed pest management professional immediately to develop a treatment plan without disrupting operations. Communicating clearly with employees can reduce panic by explaining that a few isolated bugs do not constitute an infestation and will be eradicated by approved chemicals.2 Making "Scents" of the Bed Bug Dog
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This document discusses the use of dogs for scent detection, including detecting bed bugs. It notes that dogs have a strong sense of smell about 40 times more powerful than humans. Bed bug detection dogs can find bed bugs and eggs with 3 times the accuracy of other methods, reducing the need for pesticides. Using dogs is beneficial for businesses and residents by providing a non-chemical approach that calms fears and saves time and costs compared to other inspection methods. The document poses questions at the end.1 Bed Bugs 101
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This document provides information about bed bugs, including their biology and behavior, research updates, and prevention tips. It notes that bed bug complaints have increased sharply in recent years due to factors like international travel, pesticide resistance, and housing with high tenant turnover. Bed bugs can survive for long periods without feeding and spread easily between apartments. Prevention recommendations include inspecting accommodations for signs of bed bugs when traveling and taking steps to avoid spreading them, such as storing luggage off furniture and changing clothes after being in an infested environment. Professional pest control treatment is usually needed to fully eliminate an infestation.Bed bug presentation for law enforcement and correctional facilities
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9 Bed Bugs & Lodging: Proactive & Reactive Engineering Controls & Procedures
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6 Investigating & Enforcing Bed Bug Complaints in Rental Housing in Greater C...
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10 Bed Bugs: Legal Issues
- 1. 2011 Central Ohio Bed Bug Task Force Summit BED BUG SEMINAR Instructors: Bill Willis Willis Law Firm, LLC 141 E. Town Street, Suite 200 Columbus, Ohio 43215 P. 614.324.0442 F. 614.324.0460 [email_address] www.willislawohio.com Paul G. Wilkins Supervising Attorney, OSU Legal Clinic 33 West 11 th Avenue, Suite 209 Columbus, Ohio 43210 P. 614-247-5853 [email_address]
- 2. 則 5321.04 Obligations of Landlord (A) A Landlord who is a party to a rental agreement shall do all of the following: 1. Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; 2. Make all repairs and do whatever is reasonably necessary to put and keep the premises; 3. Keep all common areas of the premises in a safe and sanitary condition.
- 3. 則 5321.05 Obligations of Tenant (A) A Tenant who is party to a rental agreement shall do all of the following 1. Keep that part of the premises that he occupies and uses safe and sanitary; 5. Comply with the requirements imposed in tenants by all applicable state and local housing, health, and safety codes; 9. (B) The Tenant shall not unreasonably withhold consent for the Landlord to enter
- 4. 則 5321.06 Rental Agreement Terms A Landlord and a Tenant may include in a Rental Agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provision governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321.of the Revised Code or any other rule of law.
- 5. Title 45 HOUSING CODE OF THE COLUMBUS CITY CODES Article VII. General Regulation Chapter 4551 RESPONSIBILITY OF OWNERS AND OCCUPANTS
- 6. 4551.01 Responsibility of owner Responsibilities of owners and occupants include, but are not limited to, the following areas: (f) Pest elimination. The owner is responsible for elimination of any insects, rats, or other pests in a dwelling containing two (2) or more dwelling units and on the premises thereof. He is also responsible whenever the infestation is caused by improper rat-proofing of the premises.
- 7. 4551.02 Responsibility of Occupant (f) Pest Elimination. The occupant is responsible for elimination of any insects, rats, or other pests within that part of the premises occupied and controlled by him in a single family dwelling or in a dwelling containing two (2) or more dwelling units if his unit is the only one infested unless infestation of the premises was caused by improper rat-proofing.
- 8. Dayton Municipal Code 93.46(B) Every owner of a dwelling shall be responsible for: - The extermination of insects, rodents or other pests except that if there are two or more dwelling units in a dwelling and only one dwelling is infested, the occupant of such infested dwelling unit shall be responsible for the extermination therein.
- 9. TROY, OHIO 1307.01 STANDARDS AND ADOPTION OF CODE. The International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance and Housing Code of the City of Troy, for regulating and governing the condition and maintenance of all property, building and structures. (Ord. 32-2007. Passed 6-18-07.)
- 10. IPMC Section 308 Extermination 308.01 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.
- 11. IPMC Section 308 Extermination 308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
- 12. IPMC Section 308 Extermination 308.3 Single Occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
- 13. IPMC Section 308 Extermination 308.4 Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestations in the area occupied, the occupant shall be responsible for extermination.
- 14. IPMC Section 308 Extermination 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
- 15. 5321.11 Failure Of Tenant To Fulfill Obligations-Remedies Of Landlords (The Cure Notice) If the tenant fails to fulfill any obligation imposed upon him by section 5321.05 of the Revised Code that materially affects health and safetylandlord may deliver written notice, specifying acts or omissionsrental agreement will terminate 30 daysif the tenant fails to remedy, The rental agreement shall terminate
- 16. 5321.07 Notice to Remedy Condition, Escrow, Lease Termination (A) If a landlord fails to fulfill any obligation imposed on him by section 5321.04or the rental agreement,the tenant may give notice in writing (B) If a landlordfails to remedy the condition within a reasonable timeor within 30 days, whichever is sooner , and the tenant is current in rent, the tenant may: 1 Escrow 2 Ask for Court order to reduce rent and/or use money to make repair 3. Terminate the lease.
- 17. 5321.09 Landlord application for release of rent ( A) A landlord who receives notice that rent due him has been deposited with a clerk of a municipal or county Court pursuant to section 5321.07 of the Revised Code, may do the following : 1. Conditions in 5321.05 notice has been remedied 2. Tenant did not provide 5321.07 notice or was not current in their rent 3. No violation of any obligation under 5321.04 or lease (C) If above conditions found to be true Court releases funds to landlord (D) If the Court finds that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code was the result of an act or omission of the tenant, or that the tenant intentionally acted in bad faith in proceeding under section 5321.07 of the Revised Code, the tenant shall be liable for damages caused to the landlord and costs, together with reasonable attorneys fees if the tenant intentionally acted in bad faith.
- 18. HUD NOTICE H 2011-20 Guidelines on bed bugs applicable to all multifamily properties with active HUD insured, HUD-held or Direct Loans, Section 202 or 811 Capital Advances, Project-Based Rental Assistance Contracts, and/or HUD USE Agreements
- 19. The Conundrum Tenants side Landlords side
- 20. TENANT Anyone can get bed bugs. Not linked to unclean conditions Difficulty preparing for treatment (physical/mental/economic) Responsibility for cost Self treatment Cash strapped tenants To notify or not to notify landlord Landlords duty to disclose Lack of response from landlord Acquiring used furniture (especially curbside)
- 21. LANDLORD Anyone can get bed bugs Not attracted by condition of apartment/ insects of convenience Landlord cannot control-clothing, suitcases, storage boxes, furniture Tenants failure to notify Self treatment Tenants failure to prepare for treatment Reintroduction after treatment Cash-strapped owners Responsibility for cost Failure to allow entry