Bed Bug Laws and Legislation

Bed Bug Laws and Pending Legislation

Souce: Beth Price, IREM HQ Legislative Liaison

"With the recent uprising of bed bug infestations in the United States, several states have introduced legislation to mitigate this pest.  Currently there are some states that have laws already enacted to address this problem.  Recently, state-wide legislation was passed in Maine, New Jersey and New York. 

The law in New York only pertains to areas within New York City, although there are plans to introduce similar legislation that would apply to the whole state.  Governor Paterson signed this bed bug legislation in late August, 2010 and decrees that landlords must disclose any history of bed bugs in a building within the preceding year to prospective tenants.  In 2009 there were 11,000 reported bed bug complaints in the city.

The law in Maine was signed into law in March and took effect July 12, 2010.  This law requires landlords to disclose existing or past problems with the bugs, but also addresses how and who will pay for the remedy of the pests.  Landlords are required to pay for the extermination of bed bugs if detected.  However, if tenants do not cooperate with the extermination efforts, the tenant could then be held responsible for subsequent treatment costs.

New Jersey passed a state-wide bed bug law in early February of 2010.  This bill states that landlords of multiple-dwelling units must provide pamphlets to tenants and other information on bed bugs and preventative methods.  Landlords must have bed bug infestations exterminated directly after learning about them.  Landlords who do not take immediate actions may face fines of $300 per infested bedroom and/or $1,000 per infested common area.

Massachusetts law states that bed bug infestation issues fall under current statute that landlords are required to “maintain the dwelling you own without insect infestation” (MA: 105 CMR 410.550).  Landlords must inspect each unit and take action to remedy any bed bug infestations.

Other states have introduced and pushed for state-wide legislation addressing the bed bug issue.  Alabama had pending legislation that would define the responsibilities of landlords, however, this bill failed.  Illinois has pending similar legislation and also has discussed the possibility of petitioning the federal government to waiver previously banned insecticides in order to treat bed bugs in residential units.  Ohio has already signed on to petition the federal government to use these chemicals.  Ohio also has pending legislation that would establish a bed bug awareness and prevention program.  There is a federal bill pending in the US House of Representatives that would establish a grant program to assist states in inspecting hotel rooms for bed bugs.  This legislation is pending in multiple committees."

For more information and resources on bed bugs, please visit the IREMFIRST Maintenance Knowledge Center.