EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1069*
HOUSE BILL 1069
N1, M4 2lr0849
By: Delegates Holmes and Charles
Introduced and read first time: February 10, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Maryland Bedbug Detection and Treatment Act 2
FOR the purpose of requiring a tenant to notify the tenant’s landlord if the tenant knows 3
or reasonably suspects that the tenant’s dwelling unit contains bedbugs (Cimex 4
lectularius); requiring a landlord receiving notice from a tenant under this Act to 5
provide for the inspection and, if necessary, treatment of the tenant’s dwelling unit 6
and contiguous dwelling units; imposing on a tenant certain requirements and 7
prohibitions relating to reasonable access to the tenant’s dwelling unit and 8
compliance with inspection and treatment measures; prohibiting a landlord from 9
offering for rent a dwelling unit that the landlord knows or reasonably suspects to 10
contain bedbugs; providing that a landlord is responsible for all costs associated with 11
an inspection for and the treatment of the presence of bedbugs; establishing the 12
liability of a tenant or landlord for failure to comply with the provisions of this Act; 13
and generally relating to the inspection for and treatment of bedbugs in rental 14
dwelling units. 15
BY adding to 16
Article – Real Property 17
Section 8–1001 through 8–1006 to be under the new subtitle “Subtitle 10. Maryland 18
Bedbug Detection and Treatment Act” 19
Annotated Code of Maryland 20
(2015 Replacement Volume and 2021 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Real Property 24
SUBTITLE 10. MARYLAND BEDBUG DETECTION AND TREATMENT ACT. 25
2 HOUSE BILL 1069
8–1001. 1
(A) IN THIS SECTION THE FOLLOWING WO RDS HAVE THE MEANING S 2
INDICATED. 3
(B) “BEDBUG” MEANS THE COMMON BED BUG, CIMEX LECTULARIUS , AT ANY 4
STAGE OF DEVELOPMENT . 5
(C) “CERTIFIED APPLICATOR ” HAS THE MEANING STAT ED IN § 5–201 OF 6
THE AGRICULTURE ARTICLE. 7
(D) “LOCAL GOVERNMENT ” MEANS A COUNTY OR MUNICIPAL ITY. 8
(E) “PEST CONTROL AGENT ” MEANS A CERTIFIED AP PLICATOR OR A 9
REGISTERED EMPLOYEE WORKING UNDER THE SU PERVISION, AS DEFINED IN § 10
5–201 OF THE AGRICULTURE ARTICLE, OF A CERTIFIED APPLI CATOR. 11
(F) “REGISTERED EMPLOYEE ” HAS THE MEANING STAT ED IN § 5–201 OF 12
THE AGRICULTURE ARTICLE. 13
(G) “WRITTEN NOTICE ” INCLUDES NOTICE BY T EXT MESSAGE , E–MAIL, OR 14
DELIVERY THROUGH AN ELECTRONIC PORTAL OR MANAGEMENT COMMUNICA TIONS 15
SYSTEM THAT IS AVAIL ABLE TO BOTH A LANDL ORD AND A TENANT . 16
8–1002. 17
(A) (1) A TENANT SHALL PROMPTL Y PROVIDE NOTICE TO THE TENANT’S 18
LANDLORD IF THE TENANT KNOWS OR REASONABLY SUSPECTS THAT THE TE NANT’S 19
DWELLING UNIT CONTAI NS BEDBUGS. 20
(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 21
SUBSECTION SHALL BE: 22
(I) IN THE FORM REQUIRED BY THE RENTAL AGREEMENT ; OR 23
(II) IF NO PARTICULAR FORM OF NOTICE IS REQUIRED BY THE 24
RENTAL AGREEMENT , BY WRITTEN NOTICE THROUGH A METHOD REGULARLY USED 25
BY THE LANDLORD AND TEN ANT TO COMMUNICATE . 26
(B) (1) NOT LATER THAN 4 DAYS AFTER RECEIVING NOTICE UND ER 27
SUBSECTION (A) OF THIS SECTION , A LANDLORD SHALL, SUBJECT TO § 8–1004 OF 28
THIS SUBTITLE , OBTAIN AN INSPECTION OF THE DWELLING UNIT BY A PEST 29
CONTROL AGENT . 30 HOUSE BILL 1069 3
(2) IF THE INSPECTION OF A DWELLING UNIT CONF IRMS THE 1
PRESENCE OF BEDBUGS , THE LANDLORD SHALL OBTAIN AN INSPECTION OF ALL 2
CONTIGUOUS DWELLING UNITS OPERATED BY THE LAND LORD AS PROMPTLY AS IS 3
REASONABLY PRACTICAL . 4
8–1003. 5
(A) A LANDLORD SHALL PROVIDE WRITTEN NOTICE TO THE TENANT WITHIN 6
2 BUSINESS DAYS AFTER AN INSPECTION CONDUCTED UNDER § 8–1002 OF THIS 7
SUBTITLE INDICATING WHETHER T HE DWELLING UNIT CON TAINS BEDBUGS . 8
(B) IF A PEST CONTROL AGENT DETERMINES THAT THE DWELLING UNIT 9
DOES NOT CONTAIN BEDBUGS, THE WRITTEN NOTICE PROVIDED BY T HE LANDLORD 10
SHALL INFORM THE TENANT TH AT THE TENANT MAY CONTACT THE LOCA L HEALTH 11
DEPARTMENT IF THE TENANT REMAIN S CONCERNED THAT THE DWELLING UNIT MAY 12
CONTAIN BEDBUGS . 13
(C) (1) IF A PEST CONTROL AGE NT DETERMINES THAT T HE DWELLING 14
UNIT CONTAINS BEDBUGS , THE PEST CONTROL AGENT SHALL REPORT THE FINDING 15
TO THE LANDLORD WITH IN 24 HOURS AFTER THE INSP ECTION IS COMPLETED . 16
(2) NOT LATER THAN 5 BUSINESS DAYS AFTER RECEIVING A REPORT 17
UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE LANDLORD SHALL C OMMENCE 18
REASONABLE MEASURES, AS DETERMINED BY THE PEST CONTROL AGENT , TO 19
EFFECTIVELY TREAT TH E PRESENCE OF BEDBUGS. 20
(D) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LANDLORD IS 21
RESPONSIBLE FOR ALL COSTS ASSOCIATED WIT H AN INSPECTION FOR AND THE 22
TREATMENT OF THE PRESENCE OF BEDBUGS. 23
(E) NOTHING IN THIS SECTI ON PROHIBITS A TENAN T FROM CONTACTING 24
ANY UNIT OF FEDERAL, STATE, OR LOCAL GOVERNMENT AT ANY TIME WITH 25
CONCERNS ABOUT THE PRESENCE OF BEDB UGS. 26
8–1004. 27
(A) (1) (I) IF A LANDLORD OR PEST CONTROL AGENT MUST ENTER A 28
DWELLING UNIT FOR TH E PURPOSE OF CONDUCT ING AN INSPECTION FO R OR 29
TREATING THE PRESENC E OF BEDBUGS , THE LANDLORD SHALL P ROVIDE THE 30
TENANT WITH WRITTEN NOTICE AT LEAST 48 HOURS BEFORE THE LAN DLORD OR 31
PEST CONTROL AGENT A TTEMPTS TO ENTER THE DWELLING UNIT. 32
4 HOUSE BILL 1069
(II) A RENTAL AGREEMENT MAY PROVIDE FOR A LONGER 1
PERIOD OF NOTICE THA N IS REQUIRED UNDER THIS PARAGRAPH . 2
(III) A TENANT MAY WAIVE THE NOTICE REQUIREMENT UNDER 3
THIS PARAGRAPH . 4
(2) A TENANT WHO RECEIVES NOTICE UNDER PARAGRA PH (1) OF 5
THIS SUBSECTION MAY NOT DENY THE LANDLORD OR PEST CONTROL AGENT 6
REASONABLE ACCESS TO THE DWELLI NG UNIT FOR THE PURP OSE OF CONDUCTING 7
AN INSPECTION FOR OR TREATING THE PRESENC E OF BEDBUGS. 8
(B) A PEST CONTROL AGENT MAY: 9
(1) CONDUCT AN INITIAL INSPECTIO N OF A TENANT’S BEDDING AND 10
UPHOLSTERED FURNITUR E; AND 11
(2) INSPECT ITEMS AND AREAS OF THE DWE LLING UNIT OTHER THAN 12
THE TENANT ’S BEDDING AND UPHOLS TERED FURNITURE IF THE PEST CONTROL 13
AGENT DETERMINES THAT SUCH AN INSPECTION IS NEC ESSARY AND REASONABL E. 14
(C) (1) A TENANT SHALL COMPLY WITH REASONABLE MEAS URES TO 15
ALLOW THE INSPECTION FOR OR THE TREATMENT OF THE PRESENCE OF BEDBUGS 16
AS DETERMINED BY THE PEST CONTROL AGENT . 17
(2) THE TENANT IS RESPONS IBLE FOR ALL COSTS A SSOCIATED WITH 18
PREPARING THE DWELLI NG UNIT FOR INSPECTI ON AND TREATMENT . 19
(D) (1) IF ANY PROPERTY BELON GING TO A TENANT IS FOUND TO 20
CONTAIN BEDBUGS , THE PEST CONTROL AGENT SHALL ADVISE THE TEN ANT 21
REGARDING THE REMOVA L OF THE PROPERTY FROM THE DW ELLING UNIT. 22
(2) THE TENANT MAY NOT DISPOSE OF PERSO NAL PROPERTY FOUND 23
TO CONTAIN BEDBUGS IN A N INTERIOR COMMON AREA WHERE SUCH DISPOSAL MAY 24
RISK THE INFESTATION OF OTHER DWELLING UNITS. 25
(E) A TENANT WHO FAILS TO COMPLY IN A REASONAB LE MANNER WITH THE 26
INSPECTION OR TREATM ENT REQUIREMENTS DES CRIBED IN THIS SUBTI TLE IS 27
LIABLE FOR THE COST OF ANY BEDBUG TREATM ENTS FOR THE DWELLIN G UNIT AND 28
CONTIGUOUS DWELLING UNITS OPERATED BY TH E LANDLORD IF THE NEED FOR 29
SUCH TREATMENTS ARIS ES FROM THE TENANT ’S NONCOMPLIANCE . 30
(F) NOTHING IN THIS SECTI ON: 31
HOUSE BILL 1069 5
(1) REQUIRES A LANDLORD T O PROVIDE A TENANT W ITH 1
ALTERNATIVE LODGING OR TO PAY TO REPLACE A TENANT’S PROPERTY; OR 2
(2) PREEMPTS OR RESTRICTS THE APPLICATION OF ANY STATE OR 3
FEDERAL LAW CONCERNI NG REASONABLE ACCOMM ODATIONS FOR PERSONS WITH 4
DISABILITIES. 5
8–1005. 6
(A) A LANDLORD MAY NOT OFFER FOR RENT A DWELLING UNIT THAT T HE 7
LANDLORD KNOWS OR RE ASONABLY SUSPECTS TO CONTAIN BEDBUGS . 8
(B) ON REQUEST BY A PROSPECTIVE TENANT , A LANDLORD SHALL 9
DISCLOSE WHETHER , TO THE LANDLORD ’S KNOWLEDGE , THE DWELLING UNIT TH AT 10
THE LANDLORD IS OFFE RING FOR RENT CONTAI NED BEDBUGS WITHIN T HE 11
PREVIOUS 8 MONTHS. 12
(C) ON REQUEST BY A TENANT OR PROSPECT IVE TENANT, A LANDLORD 13
SHALL DISCLOSE THE L AST DATE, IF ANY, THAT A DWELLING UNIT BEING RENTED 14
OR OFFERED FOR RENT WAS INSPECTED FOR AN D FOUND TO BE FREE O F BEDBUGS. 15
8–1006. 16
(A) A LANDLORD WHO FAILS T O COMPLY WITH THIS S UBTITLE IS LIABLE TO 17
THE TENANT FOR DAMAGES SU FFERED BY THE TENANT . 18
(B) A LANDLORD MAY SEEK INJUNCTIVE RELIEF AG AINST A TENANT WHO : 19
(1) REFUSES TO PROVIDE RE ASONABLE ACCESS TO A DWELLING UNIT 20
FOR THE PURPOSES OF A BEDBUG INSPECTION OR TREATM ENT; OR 21
(2) FAILS TO COMPLY WITH A REASONABLE REQUEST FOR BEDBUG 22
INSPECTION OR TREATM ENT OF A DWELLING UN IT. 23
(C) (1) IF A COURT FINDS THAT A TENANT HAS FAILED TO REASONABLY 24
COMPLY WITH ONE OR M ORE REQUIREMENTS SET FORTH IN THIS SUBTIT LE, THE 25
COURT MAY ISSUE A TE MPORARY ORDER TO CARRY O UT THIS SUBTITLE, INCLUDING: 26
(I) GRANTING THE LANDLORD ACCESS TO THE DWELLING UNIT 27
FOR THE PURPOSES SET FORTH IN THIS SUBTIT LE; 28
(II) GRANTING THE LANDLORD THE RIGHT TO ENGAGE IN 29
BEDBUG INSPECTION OR TREATMENT MEASURES I N THE DWELLING UNIT ; AND 30 6 HOUSE BILL 1069
(III) REQUIRING THE TENANT TO COMPLY WITH SPECI FIC 1
BEDBUG INSPECTION OR TREATMENT MEASURES . 2
(2) A COURT MAY ASSESS A T ENANT WITH COSTS AND DAMAGES THAT 3
ARE CAUSED BY THE TENANT’S NONCOMPLIANCE WITH THIS SUBTITLE. 4
(D) ANY COURT ORDER GRANT ING A LANDLORD ACCES S TO A DWELLING 5
UNIT MUST BE SERVED ON THE TENANT AT LEA ST 24 HOURS BEFORE THE LANDLORD 6
OR A PEST CONTROL AGENT E NTERS THE DWELLING U NIT. 7
(E) (1) THE REMEDIES IN THIS SECTION ARE IN ADDIT ION TO ANY OTHER 8
REMEDIES AVAILABLE A T LAW OR IN EQUITY T O ANY PERSON. 9
(2) THIS SECTION DOES NOT LIMIT OR RESTRICT TH E AUTHORITY OF 10
ANY STATE OR LOCAL GOVERNMENT HOUSING OR HEALTH CO DE ENFORCEMENT 11
AGENCY. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2022. 14