Introduced Version
HOUSE BILL No. 1532
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-31-12.
Synopsis: Landlord-tenant relations concerning bed bugs. Requires a
tenant to inform the landlord if the tenant reasonably suspects the
presence of bed bugs. Requires the landlord to have the dwelling unit
inspected by a qualified inspector. Requires the landlord, after receipt
of the inspection report, to inform the tenant whether the dwelling unit
contains bed bugs. Requires the landlord to begin reasonable measures
to treat the bed bug presence if an inspection indicates the presence of
bed bugs. Establishes responsibilities for the tenant and landlord
concerning notice, access, and costs. Allows the state chemist to adopt
rules concerning certain matters. Requires the state chemist to establish
requirements for the certification of a bed bug inspector. Defines
certain terms.
Effective: July 1, 2023.
Porter
January 19, 2023, read first time and referred to Committee on Judiciary.
2023 IN 1532—LS 6387/DI 92 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1532
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 12. Bed Bug Remediation
5 Sec. 1. As used in this chapter, "bed bug" means the common
6 bed bug, or cimex lectularius.
7 Sec. 2. As used in this chapter, "contiguous dwelling unit"
8 means a dwelling unit that is contiguous with another dwelling
9 unit, both of which units are owned, managed, leased, or subleased
10 by the same landlord.
11 Sec. 3. As used in this chapter, "dwelling unit" means a
12 structure or the part of a structure that is used as a home,
13 residence, or sleeping place by a tenant.
14 Sec. 4. As used in this chapter, "electronic notice" means notice
15 by electronic mail or an electronic portal or management
16 communications system that is available to both a landlord and a
17 tenant.
2023 IN 1532—LS 6387/DI 92 2
1 Sec. 5. As used in this chapter, "landlord" means the owner,
2 manager, lessor, or sublessor of a residential premises.
3 Sec. 6. As used in this chapter, "pest control applicator" means
4 a:
5 (1) licensed applicator for hire (as defined by IC 15-16-5-16);
6 or
7 (2) registered technician (as defined by IC 15-16-5-33).
8 Sec. 7. As used in this chapter, "qualified inspector" means:
9 (1) a local health department official;
10 (2) a licensed pest inspector (as defined by IC 15-16-5-18);
11 (3) an individual who meets the requirements established by
12 the state chemist under section 17 of this chapter for
13 certification as a bed bug inspector; or
14 (4) a scent detection canine team that holds a current,
15 independent, third party certification under the guidelines for
16 minimum standards for canine bed bug detection team
17 certification established by the National Pest Management
18 Association or its successor organization;
19 that is retained by a landlord to conduct an inspection for bed
20 bugs.
21 Sec. 8. As used in this chapter, "tenant" means a person entitled
22 under a rental agreement to occupy a dwelling unit to the exclusion
23 of others.
24 Sec. 9. (a) A tenant shall promptly notify the tenant's landlord
25 by written or electronic notice when the tenant knows or
26 reasonably suspects that the tenant's dwelling unit contains bed
27 bugs. A tenant who gives a landlord electronic notice concerning
28 potential bed bugs shall send the notice only to the electronic mail
29 address, telephone number, or electronic portal specified by the
30 landlord in the rental agreement for communications. However, if
31 there is not a provision specifying communications in the rental
32 agreement, the tenant shall communicate with the landlord in a
33 manner that the landlord has previously used to communicate with
34 the tenant. The tenant shall retain sufficient proof of the delivery
35 of the electronic notice.
36 (b) Not more than ninety-six (96) hours after receiving notice of
37 the presence of bed bugs or the possible presence of bed bugs, a
38 landlord, after providing notice to the tenant as required under
39 section 11 of this chapter:
40 (1) shall obtain an inspection of the dwelling unit by a
41 qualified inspector; and
42 (2) may enter the dwelling unit or any contiguous dwelling
2023 IN 1532—LS 6387/DI 92 3
1 unit for the purpose of allowing the inspection as provided in
2 section 12 of this chapter.
3 (c) If the inspection of a dwelling unit confirms the presence of
4 bed bugs, the landlord shall have an inspection of all contiguous
5 dwelling units performed as promptly as is reasonably practical.
6 Sec. 10. (a) If a landlord obtains an inspection for bed bugs, the
7 landlord must provide written notice to the tenant within two (2)
8 business days after receiving the inspection report indicating
9 whether the dwelling unit contains bed bugs.
10 (b) If a qualified inspector conducting an inspection determines
11 that neither the dwelling unit nor any contiguous dwelling unit
12 contains bed bugs, the notice provided by the landlord under
13 subsection (a) must inform the tenant that if the tenant remains
14 concerned that the dwelling unit contains bed bugs, the tenant may
15 contact the local health department to report any concerns.
16 (c) If a qualified inspector conducting an inspection determines
17 that a dwelling unit or any contiguous dwelling unit contains bed
18 bugs in any stage of the life cycle, the qualified inspector shall
19 provide an inspection report to the landlord within twenty-four
20 (24) hours of completing the inspection. Not more than five (5)
21 business days after receiving an inspection report that indicates the
22 presence of bed bugs, the landlord shall begin reasonable
23 measures, as determined by the qualified inspector, to effectively
24 treat the bed bug presence, including retaining the services of a
25 pest control applicator to treat the dwelling unit and any
26 contiguous dwelling unit.
27 (d) Except as provided in section 12(c) of this chapter, a
28 landlord is responsible for all costs associated with an inspection
29 for, and treatment of, bed bugs.
30 (e) Nothing in this section prohibits a tenant from contacting
31 any governmental agency at any time concerning the presence of
32 bed bugs.
33 Sec. 11. (a) If a landlord, qualified inspector, or pest control
34 applicator must enter a dwelling unit for the purpose of conducting
35 an inspection for, or treating the presence of, bed bugs, the
36 landlord shall provide the tenant reasonable written or electronic
37 notice of the fact at least forty-eight (48) hours before the landlord,
38 qualified inspector, or pest control applicator attempts to enter the
39 dwelling unit, unless a rental agreement provides for a different
40 minimum time for the notice. A tenant who receives the notice may
41 not unreasonably deny the landlord, qualified inspector, or pest
42 control applicator access to the dwelling unit.
2023 IN 1532—LS 6387/DI 92 4
1 (b) A tenant may waive the notice requirement described in
2 subsection (a).
3 Sec. 12. (a) A qualified inspector who is inspecting a dwelling
4 unit for bed bugs may conduct an initial visual and manual
5 inspection of a tenant's bedding and upholstered furniture. The
6 qualified inspector may inspect items other than bedding and
7 upholstered furniture when the qualified inspector determines that
8 an inspection is necessary and reasonable.
9 (b) If a qualified inspector finds bed bugs in a dwelling unit or
10 in any contiguous dwelling unit, the qualified inspector may have
11 additional access to the tenant's personal belongings as the
12 qualified inspector determines is necessary and reasonable.
13 (c) A tenant must comply with reasonable measures to permit
14 the inspection for, and the treatment of, the presence of bed bugs
15 as determined by the qualified inspector. The tenant is responsible
16 for all costs associated with preparing the tenant's dwelling unit for
17 inspection and treatment. A tenant who knowingly and
18 unreasonably fails to comply with the inspection and treatment
19 requirements described in this chapter is liable for the cost of any
20 bed bug treatments of the dwelling unit and any contiguous
21 dwelling units if the need for the treatment of bed bugs arises from
22 the tenant's noncompliance.
23 (d) If any furniture, clothing, equipment, or personal property
24 belonging to a tenant is found to contain bed bugs, the qualified
25 inspector shall advise the tenant that the furniture, clothing,
26 equipment, or personal property should not be removed from the
27 dwelling unit until a pest control applicator determines that a bed
28 bug treatment has been completed. The tenant may not dispose of
29 personal property that was determined to contain bed bugs in any
30 common area where the disposal may risk the infestation of other
31 dwelling units.
32 (e) Nothing in this section requires a landlord to provide a
33 tenant with alternative lodging or to pay to replace a tenant's
34 personal property.
35 (f) Nothing in this section preempts or restricts the application
36 of any state or federal law concerning reasonable accommodations
37 for persons with disabilities.
38 Sec. 13. (a) A landlord may not offer for rent a dwelling unit
39 that the landlord knows or reasonably suspects to contain bed
40 bugs. Upon request from a prospective tenant, a landlord shall
41 disclose to the prospective tenant whether, to the landlord's
42 knowledge, the dwelling unit that the landlord is offering for rent
2023 IN 1532—LS 6387/DI 92 5
1 contained bed bugs within the previous eight (8) months.
2 (b) Upon request from a tenant or a prospective tenant, a
3 landlord shall disclose the last date, if any, on which a dwelling unit
4 being rented or offered for rent was inspected for, and found to be
5 free of, bed bugs.
6 Sec. 14. (a) A landlord who fails to comply with this chapter is
7 liable to the tenant for the tenant's actual damages.
8 (b) A landlord may file an action in a circuit or superior court
9 in the county where the dwelling unit is located to obtain injunctive
10 relief against a tenant who:
11 (1) refuses to provide reasonable access to a dwelling unit; or
12 (2) fails to comply with a reasonable request for inspection or
13 treatment of a dwelling unit.
14 (c) If a court finds that a tenant has unreasonably failed to
15 comply with any of the requirements in this chapter, the court may
16 issue a temporary order to carry out the requirements in this
17 chapter, including:
18 (1) granting the landlord access to the dwelling unit;
19 (2) granting the landlord the right to engage in bed bug
20 inspection and treatment measures in the dwelling unit; and
21 (3) requiring the tenant to comply with specific bed bug
22 inspection and treatment measures or assessing the tenant
23 with costs and damages related to the tenant's noncompliance.
24 (d) A court order granting a landlord access to a dwelling unit
25 must be served upon the tenant at least twenty-four (24) hours
26 before a landlord, qualified inspector, or pest control applicator
27 enters the dwelling unit.
28 (e) The remedies in this section are in addition to any other
29 remedies available at law or in equity to any person.
30 (f) This section does not limit or restrict the authority of any
31 state or local housing agency or health department.
32 Sec. 15. A landlord who complies with this chapter is considered
33 to have satisfied the requirements of habitability of the dwelling
34 unit with respect to matters concerning bed bugs.
35 Sec. 16. The state chemist may adopt rules under IC 4-22-2 to
36 implement this chapter concerning the following:
37 (1) The inspection for bed bugs by a qualified inspector.
38 (2) The application of pesticides for bed bugs by a pest control
39 applicator.
40 (3) Other matters necessary for the administration of this
41 chapter.
42 Sec. 17. The state chemist shall establish requirements for the
2023 IN 1532—LS 6387/DI 92 6
1 certification of a bed bug inspector.
2023 IN 1532—LS 6387/DI 92