House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HOUSE BILL 2210

 

 

 

AN ACT

 

 

amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.29; AMENDING title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.09; amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1319; amending title 33, chapter 10, article 2, Arizona Revised Statutes, by adding section 33‑1322.01; amending title 36, chapter 1, article 2, Arizona Revised Statutes, by adding section 36-144; relating to residential landlords and tenants.

 

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.29, to read:

START_STATUTE9-500.29.  Prohibition on adopting landlord or tenant pest control requirements

A.  The legislature finds that the bedbugs as defined in section 33‑1319 pose a public nuisance, dangerous to public health which constitutes a matter of statewide concern and that a uniform, statewide method for addressing household pests in multitenant housing would be significantly more effective than separate approaches by individual cities or towns.

B.  A city or town shall not adopt requirements for landlords or tenants relating to the control of bedbugs as defined in section 33‑1319, other than the requirements prescribed in section 33-1319.END_STATUTE

Sec. 2.  Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.09, to read:

START_STATUTE11-269.09.  Prohibition on adopting landlord or tenant pest control requirements

The board of supervisors and any other person under the authority of the board of supervisors shall not adopt requirements for landlords or tenants relating to the control of bedbugs, as defined in section 33‑1319, other than the requirements prescribed in section 33‑1319.END_STATUTE

Sec. 3.  Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1319, to read:

START_STATUTE33-1319.  Pest control; landlord and tenant obligations; definitions

A.  It may be impractical or impossible to determine the cause of a bedbug infestation.

B.  Nothing in this section limits landlord or tenant rights and obligations pursuant to this act.

C.  The landlord has the following obligations with respect to a bedbug infestation and shall be responsible for pest control expenses for the dwelling unit and surrounding units unless the tenant fails to comply with obligations under subsection D of this section:

1.  The landlord shall maintain the dwelling unit free of an infestation of bedbugs and shall maintain the dwelling unit as prescribed in section 33-1324.

2.  The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a bedbug infestation.

3.  On notice from the tenant, within seven business days the landlord or the landlord's licensed pest control applicator shall visually inspect the dwelling unit for bedbugs.  On evidence that a bedbug infestation exists in the dwelling unit, within seven business days the landlord shall start the process of mitigation of the bedbugs in the dwelling unit.

4.  Unless the landlord is a licensed applicator, the landlord shall not use any pest control techniques that constitute mitigation and shall use a person for mitigation who is licensed pursuant to title 32, chapter 22.

5.  If the tenant has provided notice to the landlord as prescribed in subsection D of this section, that notice constitutes permission to enter the dwelling unit for the sole purpose of acting on the bedbug inspection or mitigation.

6.  The landlord shall provide the tenant with written notice of the pest control treatment protocol at least forty-eight hours before the initial treatment.  Notice shall be provided by personal delivery to the resident or posting on the front door of the dwelling unit.

7.  Except as otherwise provided, nothing in this section creates a cause of action against the landlord and its employees, officers, agents and directors by tenant or the tenant's guests for any damages caused by bedbugs, including personal expenses, replacement of furniture, replacement or cleaning of clothing, replacement of medication or medical expenses.

D.  The tenant has the following obligations with respect to bedbugs infestation or the tenant may be liable for pest control expenses for the dwelling unit and surrounding units that are infested:

1.  The tenant shall maintain the dwelling unit free of an infestation of bedbugs and shall maintain the dwelling unit as prescribed in section 33‑1341.

2.  The tenant shall not knowingly move materials that are infested with a bedbug into a dwelling unit.

3.  A tenant who knows or should know of the presence of a bedbug shall notify the landlord of the presence of a bedbug in the dwelling unit within three business days after discovery. Knowledge of a bedbug shall be based on the presence of characteristic bite marks.  Bedbugs have the ability to spread quickly within the unit and to surrounding units thus prompt notification by the tenant is necessary.  Notice that is provided by the tenant pursuant to this paragraph constitutes permission to the landlord to enter the dwelling unit for the sole purpose of acting on the bedbug inspection or mitigation.

4.  After receiving notice of a bedbug inspection or mitigation as provided in subsection C of this section, the tenant shall not unreasonably interfere with or obstruct access to the dwelling unit.  The tenant's obstruction or interference may constitute a violation of section 33-1341 for failure to maintain the dwelling unit in a manner materially affecting health and safety.

5.  The tenant shall comply with the pest control protocol established by the landlord or by the licensed pest control APPLICATOR, which may include pretreatment activities, evacuation of the dwelling unit during and after treatment for a required period of time, completing all posttreatment activities and reporting ineffective treatment or reinfestation to the landlord within three business days.

6.  The tenant shall not apply or permit any unlicensed person to apply any pest control treatments that constitute mitigation. If a landlord fails to arrange for inspection and if necessary treatment of a bedbug infestation within the time period prescribed in subsection C of this section the tenant may notify the landlord of the tenant’s intention to correct the condition pursuant to section 33-1363.

E.  Treatment for the control of bedbugs in the unit may constitute damages to the unit beyond normal wear and tear, and actual pest control expense may be itemized and deducted from the tenant's security deposit pursuant to section 33-1321 if the tenant fails to provide notice, fails to allow reasonable access, or fails to comply with the pest control protocol, applies or permits any unlicensed person to apply any pest control treatments pursuant to this section.

F.  The landlord and tenant of a single family residence may agree that the tenant is responsible for pest control as provided in section 33-1324.

G.  Mitigation of a bedbug is deemed successful following treatment by a licensed applicator.

H.  For the purposes of this section:

1.  "Bedbugs" means cimex lectularius, including their eggs.

2.  "Infestation" or "infested" means the presence of bedbugs that may materially affect the health and safety of tenants and their guests.

3.  "Mitigating" or "mitigation" means the process undertaken by a pest control applicator licensed pursuant to title 32, chapter 22, article 2 to attempt to eliminate or manage the infestation of bedbugs by poisoning, spraying, fumigating, trapping or any other recognized and lawful pest control methods, including repeated applications of any treatment, particularly to areas where bedbugs are likely to congregate.

4. "Pest control expenses" means the cost of the pest control treatment or treatments and possibly the cleaning, removal and replacement of flooring depending on the degree of infestation.

5.  "Surrounding unit" means a dwelling unit that shares a common wall with, or that is located above or below, another dwelling unit. END_STATUTE

Sec. 4.  Title 33, chapter 10, article 2, Arizona Revised Statutes, is amended by adding section 33-1322.01, to read:

START_STATUTE33-1322.01.  Delivery of department of health services bedbug pamphlet

Beginning February 1, 2011 and on commencement of a new lease or on renewal of an existing lease, the landlord shall deliver to the tenant a copy of the department of health services bedbug pamphlet prepared pursuant to section 36-144 or shall provide a website address for the tenant to obtain the pamphlet.  If the tenant does not have internet access, the landlord shall provide the tenant with a copy of the pamphlet. END_STATUTE

Sec. 5.  Title 36, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 36-144, to read:

START_STATUTE36-144.  Bedbug pamphlet

A.  On or before January 1, 2011, the department shall prepare a pamphlet that describes bedbugs, also known as cimex lectularius, and that explains how bedbugs spread.  The pamphlet may contain information that the director deems necessary.  The department may revise the pamphlet whenever new information concerning bedbugs becomes available or at least every three years.  The pamphlet shall include at least the following information:

1.  Measures that may be taken to prevent and control bedbugs in a residential or hotel setting, including the use of licensed pest control extermination, cleaning the dwelling space and mattresses and laundering bedclothes and clothing.

2.  The restrictions on persons who may lawfully apply pesticides.

3.  Specific facts about bedbugs, including their appearance, breeding and feeding habits.

4.  The requirements for disinfecting, labeling and reselling mattresses as provided in chapter 6, article 11 of this title.

5.  Behaviors that are risk factors for attracting and supporting the presence of bedbugs such as purchasing or using renovated, used or discarded mattresses, used furniture or pre-owned clothing and travel without proper precautions.

6.  A statement describing the legal rights and responsibilities imposed on tenants and landlords as provided in section 33-1319.

7.  Measures that may be taken to prevent and control bedbugs in a residential setting, including professional pest control exterminating, cleaning the residence and mattresses and laundering bedclothes and clothing.

B.  The department shall make the pamphlet available to the public in both English and Spanish on the department's website in an easily printable format.

C.  The pamphlet shall serve as an informational document only and does not affect any judicial determination related to this section or section 9‑500.29, 11‑269.09, 33‑1319 or 33‑1322.01.  The pamphlet and its contents do not constitute medical or legal advice. END_STATUTE