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SENATE DOCKET, NO. 987 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 999
The Commonwealth of Massachusetts
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PRESENTED BY:
John F. Keenan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to cimex lectularius.
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PETITION OF:
NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and Plymouth 1 of 6
SENATE DOCKET, NO. 987 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 999
By Mr. Keenan, a petition (accompanied by bill, Senate, No. 999) of John F. Keenan for
legislation relative to impose notification requirements on both tenants and landlords when bed
bugs are found at a property. Housing.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to cimex lectularius.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. (a) For purposes of this section the following words shall have the
2following definitions, unless the context clearly requires otherwise:-
3 “Bed bug” means an insect of the species “Cimex Lectularius,” commonly referred to as
4a bed bug.
5 “Control” means the process required by a professional pesticide applicator in an attempt
6to eliminate or manage an infestation of bed bugs by poisoning, spraying, fumigating, trapping or
7by any other recognized and lawful pest-elimination method, including repeated applications of
8any treatment, particularly to areas where bed bugs are likely to congregate, provided that the
9department of public health may recommend and issue standards on treatment methods as they
10see fit based on the availability of updated information and science. Control of bed bugs shall be
11deemed completed if there has been no evidence of bed bug activity for thirty (30) days after the
12last application of any treatment. 2 of 6
13 “Infestation” means the presence of bed bugs, or signs of their presence, in a quantity
14large enough that the tenant of a dwelling unit has knowledge, or should have knowledge, of the
15presence of bed bugs in the dwelling unit.
16 “Surrounding unit” means a unit or units that share a common wall or are located above
17or below.
18 “Owner” and “Tenant” shall have the same meaning as defined in 105 CMR 410.000.
19 “Certified Applicator” shall have the meaning provided in section 2 chapter 132B.
20 (b) This act shall not apply to dwellings containing one dwelling unit.
21 SECTION 2. (a) Notwithstanding any general or special law to the contrary, any tenant
22that asserts that an infestation of bed bugs is present in the tenant’s dwelling unit shall: (1)
23immediately provide notice to the owner in writing after becoming aware of the presence of bed
24bugs; (2) allow the owner, as well as its agents, inspectors, certified applicators, and contractors,
25to enter the dwelling unit to perform inspections repairs, exterminations, and applications, upon
26not less than 24 hour notice; (3) within a reasonable period of time after receipt of notice from
27the certified applicator, comply with any and all protocols and instructions afforded to tenant by
28the certified applicator, including without limitation, encasing and sealing personal property in
29plastic bags, laundering personal property, removing personal property which may be to be
30infested with bed bugs; and (4) removing unreasonable amounts of personal property which are
31deemed to be interfering with the proper treatment of the bed bugs by the certified applicator.
32 No tenant shall interfere with the certified applicator’s performance of any extermination
33or inspection. 3 of 6
34 (b) Any tenant that fails to provide access to the dwelling unit, interferes with any
35inspection or extermination, or fails to comply with the protocols and/or instructions of the
36certified applicator, shall be responsible for any actual and consequential damages incurred by
37the owner as a result of such denials. In addition, an owner shall be entitled to the issuance of
38injunctive relief against any such tenant, including an order prohibiting a tenant from occupying
39a dwelling unit during the period that the certified applicator is performing any required
40exterminations.
41 SECTION 3. Notwithstanding any special or general law to the contrary, at such time as
42an owner shall have actual or constructive knowledge of the infestation of bed bugs in a dwelling
43unit, the owner shall be required to maintain the dwelling unit free of an infestation of bed bugs.
44 Within 5 business days of receiving a notice from any tenant of an infestation of bed
45bugs, the owner shall perform a visual inspection of the dwelling unit. In the event the owner
46observes the infestation of bed bugs in the dwelling unit, the owner shall commence the
47extermination protocol and notify the tenants of any surrounding units. In the event the owner is
48issued a citation by any state, city, or town inspector indicating the existence of bed bugs, the
49owner shall commence the extermination protocol.
50 In the event that an infestation is present in a dwelling unit within a building with a
51manager or organization of unit owner as defined by section 1 of chapter 183A of the General
52Laws, the owner of the infested unit shall immediately provide notice to the manager or
53organization of unit owners, who shall then provide notice in writing to the surrounding units.
54An owner shall be deemed to have constructive knowledge of an infestation of bed bugs in the
55event the owner is aware of an infestation of bed bugs in any surrounding unit. 4 of 6
56 SECTION 4. Notwithstanding any general or special law to the contrary, within 10
57business days of actual or constructive knowledge of an infestation of bed bugs, the owner shall
58retain the services of a certified applicator to inspect the dwelling unit to confirm the presence of
59an infestation of bed bugs. In the event the certified applicator fails to observe an infestation of
60bed bugs, the owner shall have no further obligation to perform further inspections for bed bugs
61in the dwelling unit unless the tenant provides the owner with a written report from a certified
62applicator identifying the existing of an infestation of bed bugs in the dwelling unit.
63 In the event a certified applicator identifies an infestation of bed bugs in a dwelling unit,
64the owner shall perform such treatments and extermination services as may be required by the
65certified applicator. The owner shall then perform such further treatments and exterminator
66services as may be required by the certified applicator until such time as the control of the bed
67bugs shall be deemed to be completed.
68 The owner shall perform a visual inspection for an infestation of bed bugs no later than
6930 days after the certified applicator indicates that the control of the bed bugs has been
70completed. In the event that the owner fails to observe the presence of bed bugs at such
71inspection, the extermination of bed bugs shall be complete.
72 SECTION 5. Notwithstanding any general or special law to the contrary, prior to entering
73into a lease agreement with a tenant for an unoccupied unit, an owner shall perform a visual
74inspection of the dwelling unit that is subject to said lease and verify in writing to the tenant that
75the dwelling unit is free of an infestation of bed bugs.
76 In the event the owner observes the presence of any bed bugs or other evidence of the
77existence of bed bugs in the dwelling unit upon visual inspection, the owner shall commence the 5 of 6
78extermination protocol set forth in sections 2 and 3 of this act before the lease agreement is
79signed.
80 In the event a lease agreement is entered into by an owner and tenant and the owner fails
81to provide written verification that the dwelling unit is free of an infestation of bed bugs at time
82of signing, the tenant shall not be held liable for any actual or consequential damages caused by
83an infestation of bed bugs if said infestation is confirmed within 30 days of signing.
84 SECTION 6. Notwithstanding any general or special law to the contrary, no owner shall
85be liable for any actual or consequential damages caused by an infestation of bed bugs unless the
86owner fails to comply with the requirements of this act.
87 Nothing herein shall prevent the owner and tenant from entering into an agreement
88assigning other duties and obligations in relation to the costs and duties pertaining to bed bug
89controls.
90 SECTION 7. Notwithstanding any general or special law to the contrary, the department
91of public health shall prepare an information sheet that describes bed bugs and explains how bed
92bug infestations spread. The information sheet may contain additional information the
93department deems necessary and shall be updated by the department as new information
94concerning bed bugs becomes available.
95 (a) Notwithstanding the above, the information sheet shall contain the following
96information: (1) specific facts about bed bugs, including its appearance, breeding and feeding
97habit; (2) tenant behaviors that are risk factors for attracting and supporting the presence of bed
98bugs such as, but not limited to, purchasing renovated mattresses, used furniture or pre-owned
99clothing, and travel to tropical climates without proper precautions; (3) measures that may be 6 of 6
100taken to prevent and control bed bugs in a residential setting including professional pest control
101exterminating, cleaning the dwelling space and mattresses, and laundering bedclothes and
102clothing; (4) in conspicuous form, a statement describing the legal rights and obligations
103imposed on tenants and owners per this act.
104 (b) The department shall make the information sheet available online to owners, tenants,
105and members of the general public, in a form suitable for downloading and printing by owners
106for their use in tenant bed bug education.
107 (c) The department shall make the information sheet available in both English and
108Spanish languages.
109 (d) The information sheet shall serve as an informational document only, and nothing
110therein shall be construed as binding on or affecting judicial determination related to this act. The
111information sheet shall not be deemed to be medical advice.
112 (e) Any owner entering into a lease agreement with a tenant shall provide a copy of the
113information sheet at the time of the lease signing.