Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1376 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1281 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1376
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey Rosario Turco
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to cimex lectularius.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey Rosario Turco19th Suffolk1/18/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1281 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1376
18	18	By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1376) of
19	19	Jeffrey Rosario Turco relative to tenant and owner responsibilities for bed bugs, so called, in
20	20	dwelling units. Housing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to cimex lectularius.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. (a) For purposes of this section the following words shall have the
30	30	2following meanings, unless the context clearly requires otherwise:
31	31	3 “Bed bug” means an insect of the species “Cimex Lectularius,” commonly referred to as
32	32	4a bed bug;
33	33	5 “Control” means the process required by a professional pesticide applicator to attempt to
34	34	6eliminate or manage an infestation of bed bugs by poisoning, spraying, fumigating, trapping or
35	35	7by any other recognized and lawful pest-elimination method, including repeated applications of
36	36	8any treatment, particularly to areas where bed bugs are likely to congregate, provided that the
37	37	9department of public health may recommend and issue standards on treatment methods as they
38	38	10see fit based on the availability of updated information and science. Control of bed bugs shall be
39	39	11deemed completed if there has been no evidence of bed bug activity for thirty (30) days after the
40	40	12last application of any treatment; 2 of 6
41	41	13 “Infestation” means the presence of bed bugs, or signs of their presence, in a quantity
42	42	14large enough that the tenant of a dwelling unit has knowledge or should have knowledge of the
43	43	15presence of bed bugs in the dwelling unit;
44	44	16 “Surrounding unit” means a unit or units that share a common wall or are located above
45	45	17or below;
46	46	18 “Owner” and “Tenant” shall have the same meaning as defined in 105 CMR 410
47	47	19 “Certified Applicator” shall have the meaning provided in chapter 132B;
48	48	20 (b) This act shall not apply to dwellings containing one dwelling unit.
49	49	21 SECTION 2. (a) Notwithstanding any general or special law to the contrary, any tenant
50	50	22that asserts that an infestation of bed bugs is present in the tenant’s dwelling unit shall: (1)
51	51	23immediately provide notice to the owner in writing after becoming aware of the presence of bed
52	52	24bugs; (2) allow the owner, as well as its agents, inspectors, certified applicators, and contractors,
53	53	25to enter the dwelling unit to perform inspections repairs, exterminations, and applications, upon
54	54	26not less than 24 hour notice; (3) within a reasonable period of time after receipt of notice from
55	55	27the certified applicator, comply with any and all protocols and instructions afforded to tenant by
56	56	28the certified applicator, including without limitation, encasing and sealing personal property in
57	57	29plastic bags, laundering personal property, removing personal property which may be to be
58	58	30infested with bed bugs; and removing unreasonable amounts of personal property which are
59	59	31deemed to be interfering with the proper treatment of the bed bugs by the certified applicator.
60	60	32No tenant shall interfere with the certified applicator’s performance of any extermination or
61	61	33inspection. 3 of 6
62	62	34 (b) Any tenant that fails to provide access to the dwelling unit, interferes with any
63	63	35inspection or extermination, or fails to comply with the protocols and/or instructions of the
64	64	36certified applicator, shall be responsible for any actual and consequential damages incurred by
65	65	37the owner as a result of such denials. In addition, an owner shall be entitled to the issuance of
66	66	38injunctive relief against any such tenant, including an order prohibiting a tenant from occupying
67	67	39a dwelling unit during the period that the certified applicator is performing any required
68	68	40exterminations.
69	69	41 SECTION 3. Notwithstanding any special or general law to the contrary, at such time as
70	70	42an owner shall have actual or constructive knowledge of the infestation of bed bugs in a dwelling
71	71	43unit, the owner shall be required to maintain the dwelling unit free of an infestation of bed bugs.
72	72	44 Within 5 business days of receiving a notice from any tenant of an infestation of bed
73	73	45bugs, the owner shall perform a visual inspection of the dwelling unit. In the event the owner
74	74	46observes the infestation of bed bugs in the dwelling unit, the owner shall commence the
75	75	47extermination protocol and notify the tenants of any surrounding units. In the event the owner is
76	76	48issued a citation by any state, city, or town inspector indicating the existence of bed bugs, the
77	77	49owner shall commence the extermination protocol.
78	78	50 In the event that an infestation is present in a dwelling unit within a building with a
79	79	51manager or organization of unit owners as defined by section 1 of chapter 183A of the General
80	80	52Laws, the owner of the infested unit shall immediately provide notice to the manager or
81	81	53organization of unit owners, who shall then provide notice in writing to the surrounding units.
82	82	54An owner shall be deemed to have constructive knowledge of an infestation of bed bugs in the
83	83	55event the owner is aware of an infestation of bed bugs in any surrounding unit. 4 of 6
84	84	56 SECTION 4. Notwithstanding any general or special law to the contrary, within 10
85	85	57business days of actual or constructive knowledge of an infestation of bed bugs, the owner shall
86	86	58retain the services of a certified applicator to inspect the dwelling unit to confirm the presence of
87	87	59an infestation of bed bugs. In the event the certified applicator fails to observe an infestation of
88	88	60bed bugs, the owner shall have no further obligation to perform further inspections for bed bugs
89	89	61in the dwelling unit unless the tenant provides the owner with a written report from a certified
90	90	62applicator identifying the existing of an infestation of bed bugs in the dwelling unit.
91	91	63 In the event a certified applicator identifies an infestation of bed bugs in a dwelling unit,
92	92	64the owner shall perform such treatments and extermination services as may be required by the
93	93	65certified applicator. The owner shall then perform such further treatments and exterminator
94	94	66services as may be required by the certified applicator until such time as the control of the bed
95	95	67bugs shall be deemed to be completed.
96	96	68 The owner shall perform a visual inspection for an infestation of bed bugs no later than
97	97	6930 days after the certified applicator indicates that the control of the bed bugs has been
98	98	70completed. In the event that the owner fails to observe the presence of bed bugs at such
99	99	71inspection, the extermination of bed bugs shall be complete.
100	100	72 SECTION 5. Notwithstanding any general or special law to the contrary, prior to
101	101	73entering into a lease agreement with a tenant for an unoccupied unit, an owner shall perform a
102	102	74visual inspection of the dwelling unit that is subject to said lease and verify in writing to the
103	103	75tenant that the dwelling unit is free of an infestation of bed bugs.
104	104	76 In the event the owner observes the presence of any bed bugs or other evidence of the
105	105	77existence of bed bugs in the dwelling unit upon visual inspection, the owner shall commence the 5 of 6
106	106	78extermination protocol set forth in sections 2 and 3 of this act before the lease agreement is
107	107	79signed.
108	108	80 In the event a lease agreement is entered into by an owner and tenant and the owner fails
109	109	81to provide written verification that the dwelling unit is free of an infestation of bed bugs at time
110	110	82of signing, the tenant shall not be held liable for any actual or consequential damages caused by
111	111	83an infestation of bed bugs if said infestation is confirmed within 30 days of signing.
112	112	84 SECTION 6. Notwithstanding any general or special law to the contrary, no owner shall
113	113	85be liable for any actual or consequential damages caused by an infestation of bed bugs unless the
114	114	86owner fails to comply with the requirements of this act.
115	115	87 Nothing herein shall prevent the owner and tenant from entering into an agreement
116	116	88assigning other duties and obligations in relation to the costs and duties pertaining to bed bug
117	117	89controls.
118	118	90 SECTION 7. Notwithstanding any general or special law to the contrary, the department
119	119	91of public health shall prepare an information sheet that describes bed bugs and explains how bed
120	120	92bug infestations spread. The information sheet may contain additional information the
121	121	93department deems necessary and shall be updated by the department as new information
122	122	94concerning bed bugs becomes available.
123	123	95 (a) Notwithstanding the above, the information sheet shall contain the following
124	124	96information: (1) specific facts about bed bugs, including its appearance, breeding and feeding
125	125	97habit; (2) tenant behaviors that are risk factors for attracting and supporting the presence of bed
126	126	98bugs such as, but not limited to, purchasing renovated mattresses, used furniture or pre-owned
127	127	99clothing, and travel to tropical climates without proper precautions; (3) measures that may be 6 of 6
128	128	100taken to prevent and control bed bugs in a residential setting including professional pest control
129	129	101exterminating, cleaning the dwelling space and mattresses, and laundering bedclothes and
130	130	102clothing; (4) in conspicuous form, a statement describing the legal rights and obligations
131	131	103imposed on tenants and owners per this act.
132	132	104 (b) The department shall make the information sheet available online to owners, tenants,
133	133	105and members of the general public, in a form suitable for downloading and printing by owners
134	134	106for their use in tenant bed bug education.
135	135	107 (c) The department shall make the information sheet available in both English and
136	136	108Spanish languages.
137	137	109 (d) The information sheet shall serve as an informational document only, and nothing
138	138	110therein shall be construed as binding on or affecting judicial determination related to this act.
139	139	111The information sheet shall not be deemed to be medical advice.
140	140	112 (e) Any owner entering into a lease agreement with a tenant shall provide a copy of the
141	141	113information sheet at the time of the lease signing.