Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0306 Compare Versions

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

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5	5	2023 -- S 0306
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7	7	LC000691
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- BED BUGS IN RESIDENTIAL PREMISES ACT
16	16	Introduced By: Senators Mack, Kallman, Quezada, Bell, Euer, Murray, Valverde,
17	17	Sosnowski, Gu, and Lauria
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Housing & Municipal Government
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 99 3
26	26	BED BUGS IN RESIDENTIAL PREMISES 4
27	27	23-99-1. Short title. 5
28	28	This chapter shall be known and may be cited as the "Bed Bugs in Residential Premises 6
29	29	Act." 7
30	30	23-99-2. Definitions. 8
31	31	As used in this chapter: 9
32	32	(1) "Bed bug" means the common bed bug, or cimex lectularius. 10
33	33	(2) "Certified commercial applicator" has the meaning as set forth in § 23- 25-4. 11
34	34	(3) "Commercial applicator" has the meaning as set forth in § 23- 25-4. 12
35	35	(4) "Contiguous dwelling unit" means a dwelling unit that is contiguous with another 13
36	36	dwelling unit, both of which units are owned, managed, leased, or subleased by the same landlord. 14
37	37	(5) "Dwelling unit" means a structure or the part of a structure that is used as a home, 15
38	38	residence, or sleeping place by a tenant. 16
39	39	(6) "Electronic notice" means notice by e-mail or an electronic portal or management 17
40	40	communications system that is available to both a landlord and a tenant. 18
41	41	(7) "Landlord" means the owner, manager, lessor, or sublessor of a residential premises. 19
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45	45	(8) "Licensed commercial applicator" has the meaning as set forth in § 23-25-4. 1
46	46	(9) "Pest control agent" means a certified commercial operator, licensed commercial 2
47	47	applicator, or commercial applicator. 3
48	48	(10) "Tenant" has the same meaning as set forth in § 34-18-11. 4
49	49	23-99-3. Bed bugs -- Notification to Landlord -- Landlord duties. 5
50	50	(a) A tenant shall promptly notify the tenant's landlord via written or electronic notice when 6
51	51	the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant 7
52	52	who gives a landlord electronic notice of a condition shall send such notice only to the e-mail 8
53	53	address, telephone number, or electronic portal specified by the landlord in the rental agreement 9
54	54	for communications. In the absence of such a provision in the rental agreement, the tenant shall 10
55	55	communicate with the landlord in a manner that the landlord has previously used to communicate 11
56	56	with the tenant. The tenant shall retain sufficient proof of the delivery of the electronic notice. 12
57	57	(b) Not more than ninety-six (96) hours after receiving notice of the presence of bed bugs 13
58	58	or the possible presence of bed bugs, a landlord, after providing notice to the tenant as described in 14
59	59	§ 23-99-5(a): 15
60	60	(1) Shall obtain an inspection of the dwelling unit by a pest control agent; and 16
61	61	(2) May enter the dwelling unit or any contiguous dwelling unit for the purpose of allowing 17
62	62	the inspection as provided in § 23-99-4. 18
63	63	(c) If the inspection of a dwelling unit confirms the presence of bed bugs, the landlord shall 19
64	64	also cause to be performed an inspection of all contiguous dwelling units as promptly as is 20
65	65	reasonably practical. 21
66	66	23-99-4. Bed bugs -- Inspections -- treatments -- Costs. 22
67	67	(a) If a landlord obtains an inspection for bed bugs, the landlord shall provide written notice 23
68	68	to the tenant within two (2) business days after the inspection indicating whether the dwelling unit 24
69	69	contains bed bugs. 25
70	70	(b) If a pest control agent conducting an inspection determines that neither the dwelling 26
71	71	unit nor any contiguous dwelling unit contains bed bugs, the notice provided by the landlord 27
72	72	pursuant to subsection (a) of this section shall inform the tenant that if the tenant remains concerned 28
73	73	that the dwelling unit contains bed bugs, the tenant may contact the local health department to 29
74	74	report such concerns. 30
75	75	(c) If a pest control agent conducting an inspection determines that a dwelling unit or any 31
76	76	contiguous dwelling unit contains bed bugs in any stage of the life cycle, the pest control agent 32
77	77	shall provide a report of the determination to the landlord within twenty-four (24) hours. Not later 33
78	78	than five (5) business days after the date of the inspection, the landlord shall commence reasonable 34
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82	82	measures, as determined by the pest control agent, to effectively treat the bed bug presence, 1
83	83	including retaining the services of a pest control agent to treat the dwelling unit and any contiguous 2
84	84	dwelling unit. 3
85	85	(d) Except as otherwise provided in this chapter, a landlord is responsible for all costs 4
86	86	associated with an inspection for, and treatment of, bed bugs. Nothing in this section prohibits a 5
87	87	tenant from contacting any agency at any time concerning the presence of bed bugs. 6
88	88	23-99-5. Bed bugs -- Access to dwelling unit and personal belongings -- Notice costs. 7
89	89	(a)(1) If a landlord or pest control agent must enter a dwelling unit for the purpose of 8
90	90	conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the 9
91	91	tenant reasonable written or electronic notice of such fact at least forty-eight (48) hours before the 10
92	92	landlord or pest control agent attempts to enter the dwelling unit; except that a rental agreement 11
93	93	may provide for a different minimum time for the notice. A tenant who receives such notice shall 12
94	94	not unreasonably deny the landlord or pest control agent access to the dwelling unit. 13
95	95	(2) A tenant may waive the notice requirement described in subsection (a)(1) of this 14
96	96	section. 15
97	97	(b) A pest control agent who is inspecting a dwelling unit for bed bugs may conduct an 16
98	98	initial visual and manual inspection of a tenant's bedding and upholstered furniture. The pest control 17
99	99	agent may inspect items other than bedding and upholstered furniture when the pest control agent 18
100	100	determines that such an inspection is necessary and reasonable. 19
101	101	(c) If a pest control agent finds bed bugs in a dwelling unit or in any contiguous dwelling 20
102	102	unit, the qualified inspector may have such additional access to the tenant's personal belongings as 21
103	103	the qualified inspector determines is necessary and reasonable. 22
104	104	(d) A tenant shall comply with reasonable measures to permit the inspection for, and the 23
105	105	treatment of, the presence of bed bugs as determined by the pest control agent, and the tenant is 24
106	106	responsible for all costs associated with preparing the tenant's dwelling unit for inspection and 25
107	107	treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and 26
108	108	treatment requirements provided in this chapter is liable for the cost of any bed bug treatments of 27
109	109	the dwelling unit and contiguous dwelling units if the need for such treatments arises from the 28
110	110	tenant's noncompliance. 29
111	111	(e) If any furniture, clothing, equipment, or personal property belonging to a tenant is found 30
112	112	to contain bed bugs, the qualified inspector shall advise the tenant that the furniture, clothing, 31
113	113	equipment, or personal property should not be removed from the dwelling unit until a pest control 32
114	114	agent determines that a bed bug treatment has been completed; except that, if the determination that 33
115	115	any furniture, clothing, equipment, or personal property contains bed bugs is made by a pest control 34
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119	119	agent then the qualified inspector shall advise the tenant regarding the removal of the furniture, 1
120	120	clothing, equipment, or personal property. The tenant shall not dispose of personal property that 2
121	121	was determined to contain bed bugs in any common area where such disposal may risk the 3
122	122	infestation of other dwelling units. 4
123	123	(f)(1) Nothing in this section requires a landlord to provide a tenant with alternative lodging 5
124	124	or to pay to replace a tenant's personal property. 6
125	125	(2) Nothing in this section preempts or restricts the application of any state or federal law 7
126	126	concerning reasonable accommodations for persons with disabilities. 8
127	127	23-99-6. Bed bugs -- Renting of dwelling units with bed bugs prohibited. 9
128	128	A landlord shall not offer for rent a dwelling unit that the landlord knows or reasonably 10
129	129	suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to 11
130	130	the prospective tenant whether, to the landlord's knowledge, the dwelling unit that the landlord is 12
131	131	offering for rent contained bed bugs within the previous eight (8) months. Upon request from a 13
132	132	tenant or a prospective tenant, a landlord shall disclose the last date, if any, on which a dwelling 14
133	133	unit being rented or offered for rent was inspected for, and found to be free of, bed bugs. 15
134	134	23-99-7. Remedies -- Liability. 16
135	135	(a) A landlord who fails to comply with this chapter is liable to the tenant for the tenant's 17
136	136	actual damages. 18
137	137	(b) A landlord may apply to a court of competent jurisdiction to obtain injunctive relief 19
138	138	against a tenant who: 20
139	139	(1) Refuses to provide reasonable access to a dwelling unit; or 21
140	140	(2) Fails to comply with a reasonable request for inspection or treatment of a dwelling unit. 22
141	141	(c) If a court finds that a tenant has unreasonably failed to comply with one or more 23
142	142	requirements set forth in this chapter, the court may issue an order to carry out the provisions of 24
143	143	this chapter including: 25
144	144	(1) Granting the landlord access to the dwelling unit for the purposes set forth in this 26
145	145	chapter; 27
146	146	(2) Granting the landlord the right to engage in bed bug inspection and treatment measures 28
147	147	in the dwelling unit; and 29
148	148	(3) Requiring the tenant to comply with specific bed bug inspection and treatment measures 30
149	149	or assessing the tenant with costs and damages related to the tenant's noncompliance. 31
150	150	(d) Any court order granting a landlord access to a dwelling unit shall be served upon the 32
151	151	tenant at least twenty-four (24) hours before a landlord or pest control agent enters the dwelling 33
152	152	unit. 34
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156	156	(e)(1) The remedies in this section are in addition to any other remedies available at law or 1
157	157	in equity to any person. 2
158	158	(2) This section does not limit or restrict the authority of any state or local housing or health 3
159	159	code enforcement agency. 4
160	160	23-99-8. Bed bug exemption. 5
161	161	Any owner or occupant of a dwelling, dwelling unit or structure in compliance with the 6
162	162	provisions of this chapter shall be exempt from the provision of § 45-24.3-6 with respect to any 7
163	163	condition concerning the infestation of bed bugs. 8
164	164	9
165	165	SECTION 2. Section 45-24.3-6 of the General Laws in Chapter 45-24.3 entitled "Housing 10
166	166	Maintenance and Occupancy Code" is hereby amended to read as follows: 11
167	167	45-24.3-6. Responsibilities of owners and occupants. 12
168	168	(a) No owner or operator or other person shall occupy, or let to another person, any vacant 13
169	169	dwelling, dwelling unit, or structure unless it and the premises are clean, sanitary, fit for human 14
170	170	occupancy, and comply with this chapter and all applicable legal requirements of the state and the 15
171	171	corporate unit. 16
172	172	(b) Every owner of a multiple dwelling is responsible for maintaining, in a clean and 17
173	173	sanitary condition, the shared or public areas of the dwelling and premises. Occupants of two (2) 18
174	174	and three (3) family dwellings shall share the maintenance of clean and sanitary conditions within 19
175	175	the shared or public areas of the dwelling and premises. 20
176	176	(c) Every occupant of a dwelling, dwelling unit, or structure shall maintain in a clean 21
177	177	sanitary condition that part or those parts of the dwelling, dwelling unit, or structure and premises 22
178	178	that the occupant occupies and controls. 23
179	179	(d) Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her 24
180	180	rubbish in a clean, sanitary, and safe manner. 25
181	181	(e) Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her 26
182	182	garbage and any other organic waste which might provide food for insects and/or rodents in a clean, 27
183	183	sanitary, and safe manner, and if a container is used for storage pending collection it shall be rodent 28
184	184	proof, insect proof, and watertight. 29
185	185	(f) Every owner or operator of a dwelling containing four (4) or more dwelling units shall 30
186	186	supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and 31
187	187	garbage. In the case of single, two (2) or three (3) family dwellings and structures it is the 32
188	188	responsibility of the occupant to furnish those facilities or refuse containers. 33
189	189	(g) The owner of a dwelling, dwelling unit, or structure is responsible for providing and 34
190	190
191	191
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193	193	hanging all screens and double or storm doors and windows where used for ventilation whenever 1
194	194	they are required under the provisions of this chapter or any rule or regulation adopted pursuant to 2
195	195	this chapter, except where there is a written agreement between the owner and occupant. In the 3
196	196	absence of an agreement, maintenance or replacement of screens, and storm doors and windows, 4
197	197	once installed in any one season, become the responsibility of the occupant. 5
198	198	(h) The owner of a dwelling or dwelling unit is responsible for the providing and hanging 6
199	199	of shades or other devices on every window of every room used for sleeping and for every room 7
200	200	equipped with a flush water closet or bathtub, affording privacy to persons within those rooms. 8
201	201	Once installed in any one rental by the owner, replacements become the responsibility of the 9
202	202	occupant. 10
203	203	(i) Every occupant of a dwelling containing a single dwelling unit and every occupant of a 11
204	204	structure is responsible for the extermination of any insects, rodents, or other pests therein or on 12
205	205	the premises. Every occupant of a dwelling unit, in a dwelling containing more than one dwelling 13
206	206	unit, is responsible for this extermination whenever his or her dwelling is the only one infected. 14
207	207	Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by a 15
208	208	failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, 16
209	209	extermination is the responsibility of the owner. Whenever infestation exists in two (2) or more of 17
210	210	the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two 18
211	211	(2) or more dwelling units, extermination is the responsibility of the owner. 19
212	212	(j) Every occupant of a dwelling unit or structure shall keep all supplied plumbing fixtures 20
213	213	and facilities in a clean and sanitary condition, and is responsible for the exercise of reasonable 21
214	214	care in their proper use and operation. 22
215	215	(k) No owner or occupant of a dwelling, dwelling unit, or structure shall accumulate or 23
216	216	permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in a manner 24
217	217	that may provide a rodent harborage in or about any dwelling, dwelling unit, or structure. Stored 25
218	218	materials shall be stacked neatly in piles elevated at least eighteen inches (18") above the ground 26
219	219	or floor. The provisions of this subsection do not apply to firewood or kindling wood stored in or 27
220	220	about any dwelling, dwelling unit, or structure by the owner or occupant of that property; provided, 28
221	221	that the wood is stored for use within the dwelling, dwelling unit or structure, unless prohibited by 29
222	222	town or city ordinance. 30
223	223	(l) Every owner or occupant of a dwelling, dwelling unit, or structure shall comply with 31
224	224	the provisions of chapter 99 of title 23 relating to bed bugs in residential premises. 32
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228	228	SECTION 4. This act shall take effect upon passage. 1
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235	235	EXPLANATION
236	236	BY THE LEGISLATIVE COUNCIL
237	237	OF
238	238	A N A C T
239	239	RELATING TO HEALTH AND SAFETY -- BED BUGS IN RESIDENTIAL PREMISES ACT
240	240	***
241	241	This act would spell out the responsibilities of both the landlord and tenant with respect to 1
242	242	the inspection and treatment of bed bugs in residential premises. 2
243	243	This act would take effect upon passage. 3
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