Hawaii 2025 Regular Session

Hawaii House Bill HB1186 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1186 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO BED BUGS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1186
4	4	THIRTY-THIRD LEGISLATURE, 2025
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9	9	H.B. NO.
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11	11	1186
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO BED BUGS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that bed bugs, cimex lectularius, are bloodsucking insects that typically feed at night and hide in warm sheltered areas, such as bedrooms. The United States Department of Agriculture, Environmental Protection Agency, and the Centers for Disease Control and Prevention consider bed bugs a public health pest. According to these agencies, there is a resurgence in the population of bed bugs in the United States, which is likely associated with the increased resistance of bed bugs to available pesticides, increased domestic and international travel, lack of knowledge regarding bed bug control, and the decline or elimination of effective vector and pest control programs. While bed bugs have not been shown to transmit disease, they can cause negative physical health, mental health, and economic consequences, including allergic reactions to bites, anxiety and insomnia, and use of financial resources to contain infestations. The legislature further finds that more than twenty states have laws or regulations specific to bed bugs. Hawaii's landlord-tenant laws, however, do not explicitly address bed bugs. The purpose of this Act is to prohibit landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation and establish procedures that landlords must take upon receiving notice of an actual or suspected bed bug infestation. SECTION 2. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows: "§521- Bed bugs; procedures and reporting. (a) Before renting a dwelling unit, if the landlord has notice of a suspected or actual bed bug infestation, a landlord shall visually inspect the dwelling unit for any evidence of the presence of bed bugs. Evidence of bed bugs may be indicated by observation of a living bed bug; bed bug carapace; eggs or egg casings; or brownish or blood-colored spotting on linens, mattresses, or furniture. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have received notice. A landlord shall not show or rent to a prospective tenant any dwelling unit that the landlord knows or reasonably suspects has a current bed bug infestation. This section shall not require a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs before renting the dwelling unit if the landlord has not received notice of a suspected or actual bed bug infestation. (b) Before renting a dwelling unit, a landlord shall disclose to a prospective tenant if the landlord has knowledge of an adjacent unit or units that are currently infested with bed bugs, are being treated for bed bugs, or have been treated for bed bugs within the previous thirty days. (c) Upon notice from a person who finds or reasonably suspects a bed bug infestation in a dwelling unit or common area of the premises, the landlord shall, within five days of receipt of the notice: (1) Acknowledge receipt of the notice of the suspected infestation; and (2) Inspect, or obtain investigatory services from a pest control operator licensed pursuant to chapter 460J for, the dwelling unit or common area. (d) Upon a determination of an infestation, the landlord shall, within seven days: (1) Obtain and provide remedial services from a pest control operator licensed pursuant to chapter 460J; (2) Inspect, or obtain investigatory services from a pest control operator for, any unit directly adjacent to or above or below the dwelling unit or common area from which the original notice came; (3) Provide all tenants of units who may be affected by the bed bug infestation with notice of the infestation. Electronic notice may be provided by electronic mail or by an electronic portal or management communication system that is available to both a landlord and a tenant. Similar notice shall be provided to all tenants in connection with determinations made regarding a common area of the premises; (4) Notify the department of health of the infestation and report any control measures taken, including any chemicals applied and other remedies provided; and (5) Maintain a written record of all notices and control measures provided, including reports of the chemicals applied and other remedies provided, and any other reports or receipts prepared by the pest control operator, which shall be maintained for two years. (e) Responsibility for cost of bed bug remediation shall be determined as follows: (1) If a tenant notifies the landlord that the tenant discovered or reasonably suspects a bed bug infestation within the tenant's dwelling unit within sixty days after the commencement of the lease, or within thirty days of a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for the costs of investigating and remediating the infestation; and (2) If a tenant notifies the landlord that the tenant discovered or reasonably suspects a bed bug infestation more than sixty days after the commencement of the lease, or more than thirty days after a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for investigating and remediating the bed bug infestation; provided that the tenant shall equally share in the responsibility for the reasonable costs for remediating the infestation in the tenant's unit. A tenant shall not be responsible for sharing in any costs for dwelling units controlled, owned, or managed by the Hawaii public housing authority or by a university or college in the State. (f) A tenant shall not knowingly bring into the dwelling unit personal furnishings or belongings that are known or reasonably suspected to be infested with bed bugs. (g) A tenant shall have the duty to notify a landlord of the suspected existence of bed bugs within the tenant's dwelling unit. (h) As used in this section: "Bed bug infestation" means the presence of bed bugs. "Bed bug remediation" means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least sixty days. "Dwelling unit" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. Notwithstanding section 521-7, "dwelling unit" includes: (1) A public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program, or a structure on a property directly controlled, owned, or managed by the Hawaii public housing authority; and (2) A residence in a structure directly controlled and managed by a university or college in the State for housing its students or faculty, a residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university, or a private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that bed bugs, cimex lectularius, are bloodsucking insects that typically feed at night and hide in warm sheltered areas, such as bedrooms. The United States Department of Agriculture, Environmental Protection Agency, and the Centers for Disease Control and Prevention consider bed bugs a public health pest. According to these agencies, there is a resurgence in the population of bed bugs in the United States, which is likely associated with the increased resistance of bed bugs to available pesticides, increased domestic and international travel, lack of knowledge regarding bed bug control, and the decline or elimination of effective vector and pest control programs. While bed bugs have not been shown to transmit disease, they can cause negative physical health, mental health, and economic consequences, including allergic reactions to bites, anxiety and insomnia, and use of financial resources to contain infestations.
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51	51	The legislature further finds that more than twenty states have laws or regulations specific to bed bugs. Hawaii's landlord-tenant laws, however, do not explicitly address bed bugs.
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53	53	The purpose of this Act is to prohibit landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation and establish procedures that landlords must take upon receiving notice of an actual or suspected bed bug infestation.
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55	55	SECTION 2. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
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57	57	"§521- Bed bugs; procedures and reporting. (a) Before renting a dwelling unit, if the landlord has notice of a suspected or actual bed bug infestation, a landlord shall visually inspect the dwelling unit for any evidence of the presence of bed bugs. Evidence of bed bugs may be indicated by observation of a living bed bug; bed bug carapace; eggs or egg casings; or brownish or blood-colored spotting on linens, mattresses, or furniture. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have received notice. A landlord shall not show or rent to a prospective tenant any dwelling unit that the landlord knows or reasonably suspects has a current bed bug infestation. This section shall not require a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs before renting the dwelling unit if the landlord has not received notice of a suspected or actual bed bug infestation.
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59	59	(b) Before renting a dwelling unit, a landlord shall disclose to a prospective tenant if the landlord has knowledge of an adjacent unit or units that are currently infested with bed bugs, are being treated for bed bugs, or have been treated for bed bugs within the previous thirty days.
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61	61	(c) Upon notice from a person who finds or reasonably suspects a bed bug infestation in a dwelling unit or common area of the premises, the landlord shall, within five days of receipt of the notice:
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63	63	(1) Acknowledge receipt of the notice of the suspected infestation; and
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65	65	(2) Inspect, or obtain investigatory services from a pest control operator licensed pursuant to chapter 460J for, the dwelling unit or common area.
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67	67	(d) Upon a determination of an infestation, the landlord shall, within seven days:
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69	69	(1) Obtain and provide remedial services from a pest control operator licensed pursuant to chapter 460J;
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71	71	(2) Inspect, or obtain investigatory services from a pest control operator for, any unit directly adjacent to or above or below the dwelling unit or common area from which the original notice came;
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73	73	(3) Provide all tenants of units who may be affected by the bed bug infestation with notice of the infestation. Electronic notice may be provided by electronic mail or by an electronic portal or management communication system that is available to both a landlord and a tenant. Similar notice shall be provided to all tenants in connection with determinations made regarding a common area of the premises;
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75	75	(4) Notify the department of health of the infestation and report any control measures taken, including any chemicals applied and other remedies provided; and
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77	77	(5) Maintain a written record of all notices and control measures provided, including reports of the chemicals applied and other remedies provided, and any other reports or receipts prepared by the pest control operator, which shall be maintained for two years.
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79	79	(e) Responsibility for cost of bed bug remediation shall be determined as follows:
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81	81	(1) If a tenant notifies the landlord that the tenant discovered or reasonably suspects a bed bug infestation within the tenant's dwelling unit within sixty days after the commencement of the lease, or within thirty days of a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for the costs of investigating and remediating the infestation; and
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83	83	(2) If a tenant notifies the landlord that the tenant discovered or reasonably suspects a bed bug infestation more than sixty days after the commencement of the lease, or more than thirty days after a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for investigating and remediating the bed bug infestation; provided that the tenant shall equally share in the responsibility for the reasonable costs for remediating the infestation in the tenant's unit.
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85	85	A tenant shall not be responsible for sharing in any costs for dwelling units controlled, owned, or managed by the Hawaii public housing authority or by a university or college in the State.
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87	87	(f) A tenant shall not knowingly bring into the dwelling unit personal furnishings or belongings that are known or reasonably suspected to be infested with bed bugs.
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89	89	(g) A tenant shall have the duty to notify a landlord of the suspected existence of bed bugs within the tenant's dwelling unit.
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91	91	(h) As used in this section:
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93	93	"Bed bug infestation" means the presence of bed bugs.
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95	95	"Bed bug remediation" means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least sixty days.
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97	97	"Dwelling unit" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. Notwithstanding section 521-7, "dwelling unit" includes:
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99	99	(1) A public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program, or a structure on a property directly controlled, owned, or managed by the Hawaii public housing authority; and
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101	101	(2) A residence in a structure directly controlled and managed by a university or college in the State for housing its students or faculty, a residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university, or a private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State."
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103	103	SECTION 3. New statutory material is underscored.
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105	105	SECTION 4. This Act shall take effect upon its approval.
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109	109	INTRODUCED BY: _____________________________
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111	111	INTRODUCED BY:
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113	113	_____________________________
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119	119	Report Title: Bed Bugs; Landlords; Rental Dwelling Units; Infestations Description: Prohibits landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation. Establishes procedures that landlords shall take upon receiving notice of an actual or suspected bed bug infestation. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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127	127	Report Title:
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129	129	Bed Bugs; Landlords; Rental Dwelling Units; Infestations
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133	133	Description:
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135	135	Prohibits landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation. Establishes procedures that landlords shall take upon receiving notice of an actual or suspected bed bug infestation.
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143	143	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.