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House Engrossed Senate Bill |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1306 |
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.30; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.10; amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1319; 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 9-500.30, to read:
9-500.30. Prohibition on adopting landlord tenant bedbug control requirements
A. Except as provided in subsection B of this section, a city or town shall not adopt requirements by ordinance or otherwise for landlords or tenants that relate to the control of bedbugs as defined in section 33-1319, other than the requirements prescribed by section 33-1319.
B. A city or town may adopt requirements relating to the proper disposal of items that are infested with bedbugs.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.10, to read:
11-269.10. Prohibition on adopting landlord tenant bedbug control requirements
A. Except as provided in subsection B of this section the board of supervisors and any other person under the authority of the board of supervisors shall not adopt requirements by ordinance or otherwise for landlords or tenants that relate to the control of bedbugs as defined in section 33-1319, other than the requirements prescribed by section 33-1319.
B. The board of supervisors or a person under the authority of the board of supervisors may adopt requirements relating to the proper disposal of items that are infested with bedbugs.
Sec. 3. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1319, to read:
33-1319. Bedbug control; landlord and tenant obligations; definitions
A. A landlord has the following obligations with respect to a bedbug infestation:
1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include:
(a) A description of measures that may be taken to prevent and control bedbugs.
(b) Information about bedbugs, including a description of their appearance.
(c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions.
(d) Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies.
(e) Information provided by federal, state or local housing agencies.
(f) Information provided by nonprofit housing organizations.
(g) Information developed by the landlord.
2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.
B. A tenant has the following obligations with respect to a bedbug infestation:
1. The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs.
2. A tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs.
C. This section does not limit any other rights, remedies and obligations under this chapter.
D. The landlord and tenant of a single family residence are excluded from the provisions of this section.
E. Except as specifically provided in this section, this section does not create a cause of action against:
1. A landlord or a landlord's employees, officers, agents and directors by a tenant or a tenant's guests for any damages caused by bedbugs.
2. A tenant by a landlord for any damages caused by bedbugs.
F. For the purposes of this section:
1. "Bedbugs" means any insect in the genus cimex and its eggs.
2. "Infestation" or "infested" means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests.