Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1568 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 876 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1568
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 Suffolk1/13/2025 1 of 6
16	16	HOUSE DOCKET, NO. 876 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1568
18	18	By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1568) 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-Fourth General Court
24	24	(2025-2026)
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	14 large enough that the tenant of a dwelling unit has knowledge or should have knowledge
43	43	15of the presence 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	17 or 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	22 that asserts that an infestation of bed bugs is present in the tenant’s dwelling unit shall:
51	51	23(1) immediately provide notice to the owner in writing after becoming aware of the presence of
52	52	24bed bugs; (2) allow the owner, as well as its agents, inspectors, certified applicators, and
53	53	25contractors, to enter the dwelling unit to perform inspections repairs, exterminations, and
54	54	26applications, upon not less than 24 hour notice; (3) within a reasonable period of time after
55	55	27receipt of notice from the certified applicator, comply with any and all protocols and instructions
56	56	28afforded to tenant by the certified applicator, including without limitation, encasing and sealing
57	57	29personal property in plastic bags, laundering personal property, removing personal property
58	58	30which may be to be infested with bed bugs; and removing unreasonable amounts of personal
59	59	31property which are deemed to be interfering with the proper treatment of the bed bugs by the
60	60	32certified applicator. No tenant shall interfere with the certified applicator’s performance of any
61	61	33extermination or inspection. 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	49 owner 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. In the event the owner observes
104	104	76the presence of any bed bugs or other evidence of the existence of bed bugs in the dwelling unit 5 of 6
105	105	77upon visual inspection, the owner shall commence the extermination protocol set forth in
106	106	78sections 2 and 3 of this act before the lease agreement is signed.
107	107	79 In the event a lease agreement is entered into by an owner and tenant and the owner fails
108	108	80to provide written verification that the dwelling unit is free of an infestation of bed bugs at time
109	109	81of signing, the tenant shall not be held liable for any actual or consequential damages caused by
110	110	82an infestation of bed bugs if said infestation is confirmed within 30 days of signing.
111	111	83 SECTION 6. Notwithstanding any general or special law to the contrary, no owner shall
112	112	84be liable for any actual or consequential damages caused by an infestation of bed bugs unless the
113	113	85owner fails to comply with the requirements of this act. Nothing herein shall prevent the
114	114	86owner and tenant from entering into an agreement assigning other duties and obligations in
115	115	87relation to the costs and duties pertaining to bed bug controls.
116	116	88 SECTION 7. Notwithstanding any general or special law to the contrary, the department
117	117	89of public health shall prepare an information sheet that describes bed bugs and explains how bed
118	118	90bug infestations spread. The information sheet may contain additional information the
119	119	91department deems necessary and shall be updated by the department as new information
120	120	92concerning bed bugs becomes available.
121	121	93 (a) Notwithstanding the above, the information sheet shall contain the following
122	122	94information: (1) specific facts about bed bugs, including its appearance, breeding and feeding
123	123	95 habit; (2) tenant behaviors that are risk factors for attracting and supporting the presence
124	124	96of bed bugs such as, but not limited to, purchasing renovated mattresses, used furniture or pre-
125	125	97owned clothing, and travel to tropical climates without proper precautions; (3) measures that
126	126	98may be 6 of 6
127	127	99 taken to prevent and control bed bugs in a residential setting including professional pest
128	128	100control exterminating, cleaning the dwelling space and mattresses, and laundering bedclothes
129	129	101and clothing; (4) in conspicuous form, a statement describing the legal rights and obligations
130	130	102imposed on tenants and owners per this act.
131	131	103 (b) The department shall make the information sheet available online to owners, tenants,
132	132	104 and members of the general public, in a form suitable for downloading and printing by
133	133	105owners for their use in tenant bed bug education.
134	134	106 (c) The department shall make the information sheet available in both English and
135	135	107Spanish languages.
136	136	108 (d) The information sheet shall serve as an informational document only, and nothing
137	137	109therein shall be construed as binding on or affecting judicial determination related to this act. The
138	138	110information sheet shall not be deemed to be medical advice.
139	139	111 (e) Any owner entering into a lease agreement with a tenant shall provide a copy of the
140	140	112information sheet at the time of the lease signing.