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| 2 | 2 | | SENATE DOCKET, NO. 987 FILED ON: 1/15/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 999 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | John F. Keenan |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to cimex lectularius. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and Plymouth 1 of 6 |
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| 16 | 16 | | SENATE DOCKET, NO. 987 FILED ON: 1/15/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 999 |
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| 18 | 18 | | By Mr. Keenan, a petition (accompanied by bill, Senate, No. 999) of John F. Keenan for |
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| 19 | 19 | | legislation relative to impose notification requirements on both tenants and landlords when bed |
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| 20 | 20 | | bugs are found at a property. Housing. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to cimex lectularius. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. (a) For purposes of this section the following words shall have the |
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| 30 | 30 | | 2following definitions, unless the context clearly requires otherwise:- |
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| 31 | 31 | | 3 “Bed bug” means an insect of the species “Cimex Lectularius,” commonly referred to as |
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| 32 | 32 | | 4a bed bug. |
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| 33 | 33 | | 5 “Control” means the process required by a professional pesticide applicator in an attempt |
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| 34 | 34 | | 6to eliminate or manage an infestation of bed bugs by poisoning, spraying, fumigating, trapping or |
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| 35 | 35 | | 7by any other recognized and lawful pest-elimination method, including repeated applications of |
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| 36 | 36 | | 8any treatment, particularly to areas where bed bugs are likely to congregate, provided that the |
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| 37 | 37 | | 9department of public health may recommend and issue standards on treatment methods as they |
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| 38 | 38 | | 10see fit based on the availability of updated information and science. Control of bed bugs shall be |
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| 39 | 39 | | 11deemed completed if there has been no evidence of bed bug activity for thirty (30) days after the |
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| 40 | 40 | | 12last application of any treatment. 2 of 6 |
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| 41 | 41 | | 13 “Infestation” means the presence of bed bugs, or signs of their presence, in a quantity |
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| 42 | 42 | | 14large enough that the tenant of a dwelling unit has knowledge, or should have knowledge, of the |
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| 43 | 43 | | 15presence of bed bugs in the dwelling unit. |
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| 44 | 44 | | 16 “Surrounding unit” means a unit or units that share a common wall or are located above |
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| 45 | 45 | | 17or below. |
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| 46 | 46 | | 18 “Owner” and “Tenant” shall have the same meaning as defined in 105 CMR 410.000. |
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| 47 | 47 | | 19 “Certified Applicator” shall have the meaning provided in section 2 chapter 132B. |
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| 48 | 48 | | 20 (b) This act shall not apply to dwellings containing one dwelling unit. |
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| 49 | 49 | | 21 SECTION 2. (a) Notwithstanding any general or special law to the contrary, any tenant |
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| 50 | 50 | | 22that asserts that an infestation of bed bugs is present in the tenant’s dwelling unit shall: (1) |
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| 51 | 51 | | 23immediately provide notice to the owner in writing after becoming aware of the presence of bed |
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| 52 | 52 | | 24bugs; (2) allow the owner, as well as its agents, inspectors, certified applicators, and contractors, |
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| 53 | 53 | | 25to enter the dwelling unit to perform inspections repairs, exterminations, and applications, upon |
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| 54 | 54 | | 26not less than 24 hour notice; (3) within a reasonable period of time after receipt of notice from |
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| 55 | 55 | | 27the certified applicator, comply with any and all protocols and instructions afforded to tenant by |
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| 56 | 56 | | 28the certified applicator, including without limitation, encasing and sealing personal property in |
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| 57 | 57 | | 29plastic bags, laundering personal property, removing personal property which may be to be |
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| 58 | 58 | | 30infested with bed bugs; and (4) removing unreasonable amounts of personal property which are |
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| 59 | 59 | | 31deemed to be interfering with the proper treatment of the bed bugs by the certified applicator. |
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| 60 | 60 | | 32 No tenant shall interfere with the certified applicator’s performance of any extermination |
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| 61 | 61 | | 33or inspection. 3 of 6 |
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| 62 | 62 | | 34 (b) Any tenant that fails to provide access to the dwelling unit, interferes with any |
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| 63 | 63 | | 35inspection or extermination, or fails to comply with the protocols and/or instructions of the |
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| 64 | 64 | | 36certified applicator, shall be responsible for any actual and consequential damages incurred by |
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| 65 | 65 | | 37the owner as a result of such denials. In addition, an owner shall be entitled to the issuance of |
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| 66 | 66 | | 38injunctive relief against any such tenant, including an order prohibiting a tenant from occupying |
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| 67 | 67 | | 39a dwelling unit during the period that the certified applicator is performing any required |
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| 68 | 68 | | 40exterminations. |
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| 69 | 69 | | 41 SECTION 3. Notwithstanding any special or general law to the contrary, at such time as |
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| 70 | 70 | | 42an owner shall have actual or constructive knowledge of the infestation of bed bugs in a dwelling |
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| 71 | 71 | | 43unit, the owner shall be required to maintain the dwelling unit free of an infestation of bed bugs. |
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| 72 | 72 | | 44 Within 5 business days of receiving a notice from any tenant of an infestation of bed |
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| 73 | 73 | | 45bugs, the owner shall perform a visual inspection of the dwelling unit. In the event the owner |
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| 74 | 74 | | 46observes the infestation of bed bugs in the dwelling unit, the owner shall commence the |
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| 75 | 75 | | 47extermination protocol and notify the tenants of any surrounding units. In the event the owner is |
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| 76 | 76 | | 48issued a citation by any state, city, or town inspector indicating the existence of bed bugs, the |
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| 77 | 77 | | 49owner shall commence the extermination protocol. |
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| 78 | 78 | | 50 In the event that an infestation is present in a dwelling unit within a building with a |
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| 79 | 79 | | 51manager or organization of unit owner as defined by section 1 of chapter 183A of the General |
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| 80 | 80 | | 52Laws, the owner of the infested unit shall immediately provide notice to the manager or |
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| 81 | 81 | | 53organization of unit owners, who shall then provide notice in writing to the surrounding units. |
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| 82 | 82 | | 54An owner shall be deemed to have constructive knowledge of an infestation of bed bugs in the |
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| 83 | 83 | | 55event the owner is aware of an infestation of bed bugs in any surrounding unit. 4 of 6 |
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| 84 | 84 | | 56 SECTION 4. Notwithstanding any general or special law to the contrary, within 10 |
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| 85 | 85 | | 57business days of actual or constructive knowledge of an infestation of bed bugs, the owner shall |
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| 86 | 86 | | 58retain the services of a certified applicator to inspect the dwelling unit to confirm the presence of |
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| 87 | 87 | | 59an infestation of bed bugs. In the event the certified applicator fails to observe an infestation of |
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| 88 | 88 | | 60bed bugs, the owner shall have no further obligation to perform further inspections for bed bugs |
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| 89 | 89 | | 61in the dwelling unit unless the tenant provides the owner with a written report from a certified |
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| 90 | 90 | | 62applicator identifying the existing of an infestation of bed bugs in the dwelling unit. |
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| 91 | 91 | | 63 In the event a certified applicator identifies an infestation of bed bugs in a dwelling unit, |
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| 92 | 92 | | 64the owner shall perform such treatments and extermination services as may be required by the |
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| 93 | 93 | | 65certified applicator. The owner shall then perform such further treatments and exterminator |
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| 94 | 94 | | 66services as may be required by the certified applicator until such time as the control of the bed |
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| 95 | 95 | | 67bugs shall be deemed to be completed. |
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| 96 | 96 | | 68 The owner shall perform a visual inspection for an infestation of bed bugs no later than |
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| 97 | 97 | | 6930 days after the certified applicator indicates that the control of the bed bugs has been |
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| 98 | 98 | | 70completed. In the event that the owner fails to observe the presence of bed bugs at such |
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| 99 | 99 | | 71inspection, the extermination of bed bugs shall be complete. |
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| 100 | 100 | | 72 SECTION 5. Notwithstanding any general or special law to the contrary, prior to entering |
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| 101 | 101 | | 73into a lease agreement with a tenant for an unoccupied unit, an owner shall perform a visual |
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| 102 | 102 | | 74inspection of the dwelling unit that is subject to said lease and verify in writing to the tenant that |
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| 103 | 103 | | 75the dwelling unit is free of an infestation of bed bugs. |
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| 104 | 104 | | 76 In the event the owner observes the presence of any bed bugs or other evidence of the |
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| 105 | 105 | | 77existence of bed bugs in the dwelling unit upon visual inspection, the owner shall commence the 5 of 6 |
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| 106 | 106 | | 78extermination protocol set forth in sections 2 and 3 of this act before the lease agreement is |
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| 107 | 107 | | 79signed. |
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| 108 | 108 | | 80 In the event a lease agreement is entered into by an owner and tenant and the owner fails |
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| 109 | 109 | | 81to provide written verification that the dwelling unit is free of an infestation of bed bugs at time |
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| 110 | 110 | | 82of signing, the tenant shall not be held liable for any actual or consequential damages caused by |
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| 111 | 111 | | 83an infestation of bed bugs if said infestation is confirmed within 30 days of signing. |
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| 112 | 112 | | 84 SECTION 6. Notwithstanding any general or special law to the contrary, no owner shall |
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| 113 | 113 | | 85be liable for any actual or consequential damages caused by an infestation of bed bugs unless the |
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| 114 | 114 | | 86owner fails to comply with the requirements of this act. |
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| 115 | 115 | | 87 Nothing herein shall prevent the owner and tenant from entering into an agreement |
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| 116 | 116 | | 88assigning other duties and obligations in relation to the costs and duties pertaining to bed bug |
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| 117 | 117 | | 89controls. |
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| 118 | 118 | | 90 SECTION 7. Notwithstanding any general or special law to the contrary, the department |
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| 119 | 119 | | 91of public health shall prepare an information sheet that describes bed bugs and explains how bed |
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| 120 | 120 | | 92bug infestations spread. The information sheet may contain additional information the |
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| 121 | 121 | | 93department deems necessary and shall be updated by the department as new information |
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| 122 | 122 | | 94concerning bed bugs becomes available. |
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| 123 | 123 | | 95 (a) Notwithstanding the above, the information sheet shall contain the following |
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| 124 | 124 | | 96information: (1) specific facts about bed bugs, including its appearance, breeding and feeding |
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| 125 | 125 | | 97habit; (2) tenant behaviors that are risk factors for attracting and supporting the presence of bed |
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| 126 | 126 | | 98bugs such as, but not limited to, purchasing renovated mattresses, used furniture or pre-owned |
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| 127 | 127 | | 99clothing, and travel to tropical climates without proper precautions; (3) measures that may be 6 of 6 |
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| 128 | 128 | | 100taken to prevent and control bed bugs in a residential setting including professional pest control |
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| 129 | 129 | | 101exterminating, cleaning the dwelling space and mattresses, and laundering bedclothes and |
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| 130 | 130 | | 102clothing; (4) in conspicuous form, a statement describing the legal rights and obligations |
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| 131 | 131 | | 103imposed on tenants and owners per this act. |
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| 132 | 132 | | 104 (b) The department shall make the information sheet available online to owners, tenants, |
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| 133 | 133 | | 105and members of the general public, in a form suitable for downloading and printing by owners |
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| 134 | 134 | | 106for their use in tenant bed bug education. |
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| 135 | 135 | | 107 (c) The department shall make the information sheet available in both English and |
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| 136 | 136 | | 108Spanish languages. |
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| 137 | 137 | | 109 (d) The information sheet shall serve as an informational document only, and nothing |
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| 138 | 138 | | 110therein shall be construed as binding on or affecting judicial determination related to this act. The |
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| 139 | 139 | | 111information sheet shall not be deemed to be medical advice. |
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| 140 | 140 | | 112 (e) Any owner entering into a lease agreement with a tenant shall provide a copy of the |
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| 141 | 141 | | 113information sheet at the time of the lease signing. |
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