Indiana 2023 Regular Session

Indiana House Bill HB1532 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1532
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-31-12.
7	7	Synopsis: Landlord-tenant relations concerning bed bugs. Requires a
8	8	tenant to inform the landlord if the tenant reasonably suspects the
9	9	presence of bed bugs. Requires the landlord to have the dwelling unit
10	10	inspected by a qualified inspector. Requires the landlord, after receipt
11	11	of the inspection report, to inform the tenant whether the dwelling unit
12	12	contains bed bugs. Requires the landlord to begin reasonable measures
13	13	to treat the bed bug presence if an inspection indicates the presence of
14	14	bed bugs. Establishes responsibilities for the tenant and landlord
15	15	concerning notice, access, and costs. Allows the state chemist to adopt
16	16	rules concerning certain matters. Requires the state chemist to establish
17	17	requirements for the certification of a bed bug inspector. Defines
18	18	certain terms.
19	19	Effective: July 1, 2023.
20	20	Porter
21	21	January 19, 2023, read first time and referred to Committee on Judiciary.
22	22	2023 IN 1532—LS 6387/DI 92 Introduced
23	23	First Regular Session of the 123rd General Assembly (2023)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2022 Regular Session of the General Assembly.
33	33	HOUSE BILL No. 1532
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	property.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
38	38	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2023]:
40	40	4 Chapter 12. Bed Bug Remediation
41	41	5 Sec. 1. As used in this chapter, "bed bug" means the common
42	42	6 bed bug, or cimex lectularius.
43	43	7 Sec. 2. As used in this chapter, "contiguous dwelling unit"
44	44	8 means a dwelling unit that is contiguous with another dwelling
45	45	9 unit, both of which units are owned, managed, leased, or subleased
46	46	10 by the same landlord.
47	47	11 Sec. 3. As used in this chapter, "dwelling unit" means a
48	48	12 structure or the part of a structure that is used as a home,
49	49	13 residence, or sleeping place by a tenant.
50	50	14 Sec. 4. As used in this chapter, "electronic notice" means notice
51	51	15 by electronic mail or an electronic portal or management
52	52	16 communications system that is available to both a landlord and a
53	53	17 tenant.
54	54	2023 IN 1532—LS 6387/DI 92 2
55	55	1 Sec. 5. As used in this chapter, "landlord" means the owner,
56	56	2 manager, lessor, or sublessor of a residential premises.
57	57	3 Sec. 6. As used in this chapter, "pest control applicator" means
58	58	4 a:
59	59	5 (1) licensed applicator for hire (as defined by IC 15-16-5-16);
60	60	6 or
61	61	7 (2) registered technician (as defined by IC 15-16-5-33).
62	62	8 Sec. 7. As used in this chapter, "qualified inspector" means:
63	63	9 (1) a local health department official;
64	64	10 (2) a licensed pest inspector (as defined by IC 15-16-5-18);
65	65	11 (3) an individual who meets the requirements established by
66	66	12 the state chemist under section 17 of this chapter for
67	67	13 certification as a bed bug inspector; or
68	68	14 (4) a scent detection canine team that holds a current,
69	69	15 independent, third party certification under the guidelines for
70	70	16 minimum standards for canine bed bug detection team
71	71	17 certification established by the National Pest Management
72	72	18 Association or its successor organization;
73	73	19 that is retained by a landlord to conduct an inspection for bed
74	74	20 bugs.
75	75	21 Sec. 8. As used in this chapter, "tenant" means a person entitled
76	76	22 under a rental agreement to occupy a dwelling unit to the exclusion
77	77	23 of others.
78	78	24 Sec. 9. (a) A tenant shall promptly notify the tenant's landlord
79	79	25 by written or electronic notice when the tenant knows or
80	80	26 reasonably suspects that the tenant's dwelling unit contains bed
81	81	27 bugs. A tenant who gives a landlord electronic notice concerning
82	82	28 potential bed bugs shall send the notice only to the electronic mail
83	83	29 address, telephone number, or electronic portal specified by the
84	84	30 landlord in the rental agreement for communications. However, if
85	85	31 there is not a provision specifying communications in the rental
86	86	32 agreement, the tenant shall communicate with the landlord in a
87	87	33 manner that the landlord has previously used to communicate with
88	88	34 the tenant. The tenant shall retain sufficient proof of the delivery
89	89	35 of the electronic notice.
90	90	36 (b) Not more than ninety-six (96) hours after receiving notice of
91	91	37 the presence of bed bugs or the possible presence of bed bugs, a
92	92	38 landlord, after providing notice to the tenant as required under
93	93	39 section 11 of this chapter:
94	94	40 (1) shall obtain an inspection of the dwelling unit by a
95	95	41 qualified inspector; and
96	96	42 (2) may enter the dwelling unit or any contiguous dwelling
97	97	2023 IN 1532—LS 6387/DI 92 3
98	98	1 unit for the purpose of allowing the inspection as provided in
99	99	2 section 12 of this chapter.
100	100	3 (c) If the inspection of a dwelling unit confirms the presence of
101	101	4 bed bugs, the landlord shall have an inspection of all contiguous
102	102	5 dwelling units performed as promptly as is reasonably practical.
103	103	6 Sec. 10. (a) If a landlord obtains an inspection for bed bugs, the
104	104	7 landlord must provide written notice to the tenant within two (2)
105	105	8 business days after receiving the inspection report indicating
106	106	9 whether the dwelling unit contains bed bugs.
107	107	10 (b) If a qualified inspector conducting an inspection determines
108	108	11 that neither the dwelling unit nor any contiguous dwelling unit
109	109	12 contains bed bugs, the notice provided by the landlord under
110	110	13 subsection (a) must inform the tenant that if the tenant remains
111	111	14 concerned that the dwelling unit contains bed bugs, the tenant may
112	112	15 contact the local health department to report any concerns.
113	113	16 (c) If a qualified inspector conducting an inspection determines
114	114	17 that a dwelling unit or any contiguous dwelling unit contains bed
115	115	18 bugs in any stage of the life cycle, the qualified inspector shall
116	116	19 provide an inspection report to the landlord within twenty-four
117	117	20 (24) hours of completing the inspection. Not more than five (5)
118	118	21 business days after receiving an inspection report that indicates the
119	119	22 presence of bed bugs, the landlord shall begin reasonable
120	120	23 measures, as determined by the qualified inspector, to effectively
121	121	24 treat the bed bug presence, including retaining the services of a
122	122	25 pest control applicator to treat the dwelling unit and any
123	123	26 contiguous dwelling unit.
124	124	27 (d) Except as provided in section 12(c) of this chapter, a
125	125	28 landlord is responsible for all costs associated with an inspection
126	126	29 for, and treatment of, bed bugs.
127	127	30 (e) Nothing in this section prohibits a tenant from contacting
128	128	31 any governmental agency at any time concerning the presence of
129	129	32 bed bugs.
130	130	33 Sec. 11. (a) If a landlord, qualified inspector, or pest control
131	131	34 applicator must enter a dwelling unit for the purpose of conducting
132	132	35 an inspection for, or treating the presence of, bed bugs, the
133	133	36 landlord shall provide the tenant reasonable written or electronic
134	134	37 notice of the fact at least forty-eight (48) hours before the landlord,
135	135	38 qualified inspector, or pest control applicator attempts to enter the
136	136	39 dwelling unit, unless a rental agreement provides for a different
137	137	40 minimum time for the notice. A tenant who receives the notice may
138	138	41 not unreasonably deny the landlord, qualified inspector, or pest
139	139	42 control applicator access to the dwelling unit.
140	140	2023 IN 1532—LS 6387/DI 92 4
141	141	1 (b) A tenant may waive the notice requirement described in
142	142	2 subsection (a).
143	143	3 Sec. 12. (a) A qualified inspector who is inspecting a dwelling
144	144	4 unit for bed bugs may conduct an initial visual and manual
145	145	5 inspection of a tenant's bedding and upholstered furniture. The
146	146	6 qualified inspector may inspect items other than bedding and
147	147	7 upholstered furniture when the qualified inspector determines that
148	148	8 an inspection is necessary and reasonable.
149	149	9 (b) If a qualified inspector finds bed bugs in a dwelling unit or
150	150	10 in any contiguous dwelling unit, the qualified inspector may have
151	151	11 additional access to the tenant's personal belongings as the
152	152	12 qualified inspector determines is necessary and reasonable.
153	153	13 (c) A tenant must comply with reasonable measures to permit
154	154	14 the inspection for, and the treatment of, the presence of bed bugs
155	155	15 as determined by the qualified inspector. The tenant is responsible
156	156	16 for all costs associated with preparing the tenant's dwelling unit for
157	157	17 inspection and treatment. A tenant who knowingly and
158	158	18 unreasonably fails to comply with the inspection and treatment
159	159	19 requirements described in this chapter is liable for the cost of any
160	160	20 bed bug treatments of the dwelling unit and any contiguous
161	161	21 dwelling units if the need for the treatment of bed bugs arises from
162	162	22 the tenant's noncompliance.
163	163	23 (d) If any furniture, clothing, equipment, or personal property
164	164	24 belonging to a tenant is found to contain bed bugs, the qualified
165	165	25 inspector shall advise the tenant that the furniture, clothing,
166	166	26 equipment, or personal property should not be removed from the
167	167	27 dwelling unit until a pest control applicator determines that a bed
168	168	28 bug treatment has been completed. The tenant may not dispose of
169	169	29 personal property that was determined to contain bed bugs in any
170	170	30 common area where the disposal may risk the infestation of other
171	171	31 dwelling units.
172	172	32 (e) Nothing in this section requires a landlord to provide a
173	173	33 tenant with alternative lodging or to pay to replace a tenant's
174	174	34 personal property.
175	175	35 (f) Nothing in this section preempts or restricts the application
176	176	36 of any state or federal law concerning reasonable accommodations
177	177	37 for persons with disabilities.
178	178	38 Sec. 13. (a) A landlord may not offer for rent a dwelling unit
179	179	39 that the landlord knows or reasonably suspects to contain bed
180	180	40 bugs. Upon request from a prospective tenant, a landlord shall
181	181	41 disclose to the prospective tenant whether, to the landlord's
182	182	42 knowledge, the dwelling unit that the landlord is offering for rent
183	183	2023 IN 1532—LS 6387/DI 92 5
184	184	1 contained bed bugs within the previous eight (8) months.
185	185	2 (b) Upon request from a tenant or a prospective tenant, a
186	186	3 landlord shall disclose the last date, if any, on which a dwelling unit
187	187	4 being rented or offered for rent was inspected for, and found to be
188	188	5 free of, bed bugs.
189	189	6 Sec. 14. (a) A landlord who fails to comply with this chapter is
190	190	7 liable to the tenant for the tenant's actual damages.
191	191	8 (b) A landlord may file an action in a circuit or superior court
192	192	9 in the county where the dwelling unit is located to obtain injunctive
193	193	10 relief against a tenant who:
194	194	11 (1) refuses to provide reasonable access to a dwelling unit; or
195	195	12 (2) fails to comply with a reasonable request for inspection or
196	196	13 treatment of a dwelling unit.
197	197	14 (c) If a court finds that a tenant has unreasonably failed to
198	198	15 comply with any of the requirements in this chapter, the court may
199	199	16 issue a temporary order to carry out the requirements in this
200	200	17 chapter, including:
201	201	18 (1) granting the landlord access to the dwelling unit;
202	202	19 (2) granting the landlord the right to engage in bed bug
203	203	20 inspection and treatment measures in the dwelling unit; and
204	204	21 (3) requiring the tenant to comply with specific bed bug
205	205	22 inspection and treatment measures or assessing the tenant
206	206	23 with costs and damages related to the tenant's noncompliance.
207	207	24 (d) A court order granting a landlord access to a dwelling unit
208	208	25 must be served upon the tenant at least twenty-four (24) hours
209	209	26 before a landlord, qualified inspector, or pest control applicator
210	210	27 enters the dwelling unit.
211	211	28 (e) The remedies in this section are in addition to any other
212	212	29 remedies available at law or in equity to any person.
213	213	30 (f) This section does not limit or restrict the authority of any
214	214	31 state or local housing agency or health department.
215	215	32 Sec. 15. A landlord who complies with this chapter is considered
216	216	33 to have satisfied the requirements of habitability of the dwelling
217	217	34 unit with respect to matters concerning bed bugs.
218	218	35 Sec. 16. The state chemist may adopt rules under IC 4-22-2 to
219	219	36 implement this chapter concerning the following:
220	220	37 (1) The inspection for bed bugs by a qualified inspector.
221	221	38 (2) The application of pesticides for bed bugs by a pest control
222	222	39 applicator.
223	223	40 (3) Other matters necessary for the administration of this
224	224	41 chapter.
225	225	42 Sec. 17. The state chemist shall establish requirements for the
226	226	2023 IN 1532—LS 6387/DI 92 6
227	227	1 certification of a bed bug inspector.
228	228	2023 IN 1532—LS 6387/DI 92