2025 -- S 0200
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LC000801
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO HEALTH AND SAFETY -- BED BUGS IN RESIDENTIAL PREMISES ACT
Introduced By: Senators Mack, Bissaillon, Kallman, and Gu
Date Introduced: February 07, 2025
Referred To: Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
amended by adding thereto the following chapter: 2
CHAPTER 104 3
BED BUGS IN RESIDENTIAL PREMISES 4
23-104-1. Short title.. 5
This chapter shall be known and may be cited as the "Bed Bugs in Residential Premises 6
Act." 7
23-104-2. Definitions. 8
As used in this chapter: 9
(1) "Bed bug" means the common bed bug, or cimex lectularius. 10
(2) "Certified commercial applicator" has the meaning as set forth in § 23- 25-4. 11
(3) "Commercial applicator" has the meaning as set forth in § 23- 25-4. 12
(4) "Contiguous dwelling unit" means a dwelling unit that is contiguous with another 13
dwelling unit, both of which units are owned, managed, leased, or subleased by the same landlord. 14
(5) "Dwelling unit" means a structure or the part of a structure that is used as a home, 15
residence, or sleeping place by a tenant. 16
(6) "Electronic notice" means notice by e-mail or an electronic portal or management 17
communications system that is available to both a landlord and a tenant. 18
(7) "Landlord" means the owner, manager, lessor, or sublessor of a residential premises. 19
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(8) "Licensed commercial applicator" has the meaning as set forth in § 23-25-4. 1
(9) "Pest control agent" means a certified commercial operator, licensed commercial 2
applicator, or commercial applicator. 3
(10) "Tenant" has the same meaning as set forth in § 34-18-11. 4
23-104-3. Bed bugs -- Notification to Landlord -- landlord duties. 5
(a) A tenant shall promptly notify the tenant's landlord via written or electronic notice when 6
the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant 7
who gives a landlord electronic notice of a condition shall send such notice only to the e-mail 8
address, telephone number, or electronic portal specified by the landlord in the rental agreement 9
for communications. In the absence of such a provision in the rental agreement, the tenant shall 10
communicate with the landlord in a manner that the landlord has previously used to communicate 11
with the tenant. The tenant shall retain sufficient proof of the delivery of the electronic notice. 12
(b) Not more than ninety-six (96) hours after receiving notice of the presence of bed bugs 13
or the possible presence of bed bugs, a landlord, after providing notice to the tenant as described in 14
§ 23-104-5(a): 15
(1) Shall obtain an inspection of the dwelling unit by a pest control agent; and 16
(2) May enter the dwelling unit or any contiguous dwelling unit for the purpose of allowing 17
the inspection as provided in § 23-104-4. 18
(c) If the inspection of a dwelling unit confirms the presence of bed bugs, the landlord shall 19
also cause to be performed an inspection of all contiguous dwelling units as promptly as is 20
reasonably practical. 21
23-104-4. Bed bugs -- Inspections -- Treatments -- Cost. 22
(a) If a landlord obtains an inspection for bed bugs, the landlord shall provide written notice 23
to the tenant within two (2) business days after the inspection indicating whether the dwelling unit 24
contains bed bugs. 25
(b) If a pest control agent conducting an inspection determines that neither the dwelling 26
unit nor any contiguous dwelling unit contains bed bugs, the notice provided by the landlord 27
pursuant to subsection (a) of this section shall inform the tenant that if the tenant remains concerned 28
that the dwelling unit contains bed bugs, the tenant may contact the local health department to 29
report such concerns. 30
(c) If a pest control agent conducting an inspection determines that a dwelling unit or any 31
contiguous dwelling unit contains bed bugs in any stage of the life cycle, the pest control agent 32
shall provide a report of the determination to the landlord within twenty-four (24) hours. Not later 33
than five (5) business days after the date of the inspection, the landlord shall commence reasonable 34
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measures, as determined by the pest control agent, to effectively treat the bed bug presence, 1
including retaining the services of a pest control agent to treat the dwelling unit and any contiguous 2
dwelling unit. 3
(d) Except as otherwise provided in this chapter, a landlord is responsible for all costs 4
associated with an inspection for, and treatment of, bed bugs. Nothing in this section prohibits a 5
tenant from contacting any agency at any time concerning the presence of bed bugs. 6
23-104-5. Bed bugs -- Access to dwelling unit and personal belongings -- Notice costs. 7
(a)(1) If a landlord or pest control agent must enter a dwelling unit for the purpose of 8
conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the 9
tenant reasonable written or electronic notice of such fact at least forty-eight (48) hours before the 10
landlord or pest control agent attempts to enter the dwelling unit; except that a rental agreement 11
may provide for a different minimum time for the notice. A tenant who receives such notice shall 12
not unreasonably deny the landlord or pest control agent access to the dwelling unit. 13
(2) A tenant may waive the notice requirement described in subsection (a)(1) of this 14
section. 15
(b) A pest control agent who is inspecting a dwelling unit for bed bugs may conduct an 16
initial visual and manual inspection of a tenant's bedding and upholstered furniture. The pest control 17
agent may inspect items other than bedding and upholstered furniture when the pest control agent 18
determines that such an inspection is necessary and reasonable. 19
(c) If a pest control agent finds bed bugs in a dwelling unit or in any contiguous dwelling 20
unit, the qualified inspector may have such additional access to the tenant's personal belongings as 21
the qualified inspector determines is necessary and reasonable. 22
(d) A tenant shall comply with reasonable measures to permit the inspection for, and the 23
treatment of, the presence of bed bugs as determined by the pest control agent, and the tenant is 24
responsible for all costs associated with preparing the tenant's dwelling unit for inspection and 25
treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and 26
treatment requirements provided in this chapter is liable for the cost of any bed bug treatments of 27
the dwelling unit and contiguous dwelling units if the need for such treatments arises from the 28
tenant's noncompliance. 29
(e) If any furniture, clothing, equipment, or personal property belonging to a tenant is found 30
to contain bed bugs, the qualified inspector shall advise the tenant that the furniture, clothing, 31
equipment, or personal property should not be removed from the dwelling unit until a pest control 32
agent determines that a bed bug treatment has been completed; except that, if the determination that 33
any furniture, clothing, equipment, or personal property contains bed bugs is made by a pest control 34
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agent then the qualified inspector shall advise the tenant regarding the removal of the furniture, 1
clothing, equipment, or personal property. The tenant shall not dispose of personal property that 2
was determined to contain bed bugs in any common area where such disposal may risk the 3
infestation of other dwelling units. 4
(f)(1) Nothing in this section requires a landlord to provide a tenant with alternative lodging 5
or to pay to replace a tenant's personal property. 6
(2) Nothing in this section preempts or restricts the application of any state or federal law 7
concerning reasonable accommodations for persons with disabilities. 8
23-104-6. Bed bugs -- Renting of dwelling units with bed bugs prohibited. 9
A landlord shall not offer for rent a dwelling unit that the landlord knows or reasonably 10
suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to 11
the prospective tenant whether, to the landlord's knowledge, the dwelling unit that the landlord is 12
offering for rent contained bed bugs within the previous eight (8) months. Upon request from a 13
tenant or a prospective tenant, a landlord shall disclose the last date, if any, on which a dwelling 14
unit being rented or offered for rent was inspected for, and found to be free of, bed bugs. 15
23-104-7. Remedies -- Liability. 16
(a) A landlord who fails to comply with this chapter is liable to the tenant for the tenant's 17
actual damages. 18
(b) A landlord may apply to a court of competent jurisdiction to obtain injunctive relief 19
against a tenant who: 20
(1) Refuses to provide reasonable access to a dwelling unit; or 21
(2) Fails to comply with a reasonable request for inspection or treatment of a dwelling unit. 22
(c) If a court finds that a tenant has unreasonably failed to comply with one or more 23
requirements set forth in this chapter, the court may issue an order to carry out the provisions of 24
this chapter including: 25
(1) Granting the landlord access to the dwelling unit for the purposes set forth in this 26
chapter; 27
(2) Granting the landlord the right to engage in bed bug inspection and treatment measures 28
in the dwelling unit; and 29
(3) Requiring the tenant to comply with specific bed bug inspection and treatment measures 30
or assessing the tenant with costs and damages related to the tenant's noncompliance. 31
(d) Any court order granting a landlord access to a dwelling unit shall be served upon the 32
tenant at least twenty-four (24) hours before a landlord or pest control agent enters the dwelling 33
unit. 34
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(e)(1) The remedies in this section are in addition to any other remedies available at law or 1
in equity to any person. 2
(2) This section does not limit or restrict the authority of any state or local housing or health 3
code enforcement agency. 4
23-104-8. Bed bug exemption. 5
Any owner or occupant of a dwelling, dwelling unit or structure in compliance with the 6
provisions of this chapter shall be exempt from the provision of § 45-24.3-6 with respect to any 7
condition concerning the infestation of bed bugs. 8
SECTION 2. Section 45-24.3-6 of the General Laws in Chapter 45-24.3 entitled "Housing 9
Maintenance and Occupancy Code" is hereby amended to read as follows: 10
45-24.3-6. Responsibilities of owners and occupants. 11
(a) No owner or operator or other person shall occupy, or let to another person, any vacant 12
dwelling, dwelling unit, or structure unless it and the premises are clean, sanitary, fit for human 13
occupancy, and comply with this chapter and all applicable legal requirements of the state and the 14
corporate unit. 15
(b) Every owner of a multiple dwelling is responsible for maintaining, in a clean and 16
sanitary condition, the shared or public areas of the dwelling and premises. Occupants of two (2) 17
and three (3) family dwellings shall share the maintenance of clean and sanitary conditions within 18
the shared or public areas of the dwelling and premises. 19
(c) Every occupant of a dwelling, dwelling unit, or structure shall maintain in a clean 20
sanitary condition that part or those parts of the dwelling, dwelling unit, or structure and premises 21
that the occupant occupies and controls. 22
(d) Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her 23
rubbish in a clean, sanitary, and safe manner. 24
(e) Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her 25
garbage and any other organic waste which might provide food for insects and/or rodents in a clean, 26
sanitary, and safe manner, and if a container is used for storage pending collection it shall be rodent 27
proof, insect proof, and watertight. 28
(f) Every owner or operator of a dwelling containing four (4) or more dwelling units shall 29
supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and 30
garbage. In the case of single, two (2) or three (3) family dwellings and structures it is the 31
responsibility of the occupant to furnish those facilities or refuse containers. 32
(g) The owner of a dwelling, dwelling unit, or structure is responsible for providing and 33
hanging all screens and double or storm doors and windows where used for ventilation whenever 34
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they are required under the provisions of this chapter or any rule or regulation adopted pursuant to 1
this chapter, except where there is a written agreement between the owner and occupant. In the 2
absence of an agreement, maintenance or replacement of screens, and storm doors and windows, 3
once installed in any one season, become the responsibility of the occupant. 4
(h) The owner of a dwelling or dwelling unit is responsible for the providing and hanging 5
of shades or other devices on every window of every room used for sleeping and for every room 6
equipped with a flush water closet or bathtub, affording privacy to persons within those rooms. 7
Once installed in any one rental by the owner, replacements become the responsibility of the 8
occupant. 9
(i) Every occupant of a dwelling containing a single dwelling unit and every occupant of a 10
structure is responsible for the extermination of any insects, rodents, or other pests therein or on 11
the premises. Every occupant of a dwelling unit, in a dwelling containing more than one dwelling 12
unit, is responsible for this extermination whenever his or her dwelling is the only one infected. 13
Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by a 14
failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, 15
extermination is the responsibility of the owner. Whenever infestation exists in two (2) or more of 16
the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two 17
(2) or more dwelling units, extermination is the responsibility of the owner. 18
(j) Every occupant of a dwelling unit or structure shall keep all supplied plumbing fixtures 19
and facilities in a clean and sanitary condition, and is responsible for the exercise of reasonable 20
care in their proper use and operation. 21
(k) No owner or occupant of a dwelling, dwelling unit, or structure shall accumulate or 22
permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in a manner 23
that may provide a rodent harborage in or about any dwelling, dwelling unit, or structure. Stored 24
materials shall be stacked neatly in piles elevated at least eighteen inches (18") above the ground 25
or floor. The provisions of this subsection do not apply to firewood or kindling wood stored in or 26
about any dwelling, dwelling unit, or structure by the owner or occupant of that property; provided, 27
that the wood is stored for use within the dwelling, dwelling unit or structure, unless prohibited by 28
town or city ordinance. 29
(l) Every owner or occupant of a dwelling, dwelling unit, or structure shall comply with 30
the provisions of chapter 104 of title 23 relating to bed bugs in residential premises. 31
SECTION 3. This act shall take effect upon passage. 32
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- BED BUGS IN RESIDENTIAL PREMISES ACT
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This act would spell out the responsibilities of both the landlord and tenant with respect to 1
the inspection and treatment of bed bugs in residential premises. 2
This act would take effect upon passage. 3
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LC000801
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