10 Bed Bugs: Legal Issues

2011 Central Ohio Bed Bug Task Force Summit
BED BUG SEMINAR
Instructors:
Bill Willis
Willis Law Firm, LLC
141 E. Town Street, Suite 200
Columbus, Ohio 43215
P. 614.324.0442
F. 614.324.0460
[email_address]
www.willislawohio.com
Paul G. Wilkins
Supervising Attorney, OSU Legal Clinic
33 West 11 th Avenue, Suite 209
Columbus, Ohio 43210
P. 614-247-5853
[email_address]

§ 5321.04 Obligations of Landlord
(A) A Landlord who is a party to a rental agreement shall do all of the following:
1. Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety;
2. Make all repairs and do whatever is reasonably necessary to put and keep the premises;
3. Keep all common areas of the premises in a safe and sanitary condition.

§ 5321.05 Obligations of Tenant
(A) A Tenant who is party to a rental agreement shall do all of the following…
1. Keep that part of the premises that he occupies and uses safe and sanitary;
5. Comply with the requirements imposed in tenants by all applicable state and local housing, health, and safety codes;…
9. (B) The Tenant shall not unreasonably withhold consent for the Landlord to enter…

§ 5321.06 Rental Agreement Terms
A Landlord and a Tenant may include in a Rental Agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provision governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321.of the Revised Code or any other rule of law.

Title 45 HOUSING CODE OF THE COLUMBUS CITY CODES
Article VII. General Regulation
Chapter 4551 RESPONSIBILITY OF OWNERS AND OCCUPANTS

4551.01 Responsibility of owner
Responsibilities of owners and occupants include, but are not limited to, the following areas:
(f) Pest elimination. The owner is responsible for elimination of any insects, rats, or other pests in a dwelling containing two (2) or more dwelling units and on the premises thereof. He is also responsible whenever the infestation is caused by improper rat-proofing of the premises.

4551.02 Responsibility of Occupant
(f) Pest Elimination. The occupant is responsible for elimination of any insects, rats, or other pests within that part of the premises occupied and controlled by him in a single family dwelling or in a dwelling containing two (2) or more dwelling units if his unit is the only one infested unless infestation of the premises was caused by improper rat-proofing.

Dayton Municipal Code 93.46(B)
Every owner of a dwelling shall be responsible for:
- The extermination of insects, rodents or other pests except that if there are two or more dwelling units in a dwelling and only one dwelling is infested, the occupant of such infested dwelling unit shall be responsible for the extermination therein.

TROY, OHIO
1307.01 STANDARDS AND ADOPTION OF CODE.
The International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance and Housing Code of the City of Troy, for regulating and governing the condition and maintenance of all property, building and structures. (Ord. 32-2007. Passed 6-18-07.)

IPMC Section 308 Extermination
308.01 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

308.3 Single Occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.

308.4 Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestations in the area occupied, the occupant shall be responsible for extermination.

308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.

5321.11 Failure Of Tenant To Fulfill Obligations-Remedies Of Landlords (The Cure Notice)
If the tenant fails to fulfill any obligation imposed upon him by section 5321.05 of the Revised Code that materially affects health and safety…landlord may deliver written notice, specifying acts or omissions…rental agreement will terminate 30 days…if the tenant fails to remedy, “The rental agreement shall terminate”

5321.07 Notice to Remedy Condition, Escrow, Lease Termination
(A) If a landlord fails to fulfill any obligation imposed on him by section 5321.04…or the rental agreement,…the tenant may give notice in writing…
(B) If a landlord…fails to remedy the condition within a reasonable time…or within 30 days, whichever is sooner , and the tenant is current in rent, the tenant may:
1 Escrow
2 Ask for Court order to reduce rent and/or use money to make repair
3. Terminate the lease.

5321.09 Landlord application for release of rent ( A) A landlord who receives notice that rent due him has been deposited with a clerk of a municipal or county Court pursuant to section 5321.07 of the Revised Code, may do the following :
1. Conditions in 5321.05 notice has been remedied
2. Tenant did not provide 5321.07 notice or was not current in their rent…
3. No violation of any obligation under 5321.04 or lease…
(C) If above conditions found to be true Court releases funds to landlord…
(D) If the Court finds that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code was the result of an act or omission of the tenant, or that the tenant intentionally acted in bad faith in proceeding under section 5321.07 of the Revised Code, the tenant shall be liable for damages caused to the landlord and costs, together with reasonable attorney’s fees if the tenant intentionally acted in bad faith.

HUD NOTICE H 2011-20
Guidelines on bed bugs applicable to all multifamily properties with active HUD insured, HUD-held or Direct Loans, Section 202 or 811 Capital Advances, Project-Based Rental Assistance Contracts, and/or HUD USE Agreements

The Conundrum
Tenant’s side
Landlord’s side

TENANT
Anyone can get bed bugs.
Not linked to unclean conditions
Difficulty preparing for treatment (physical/mental/economic)
Responsibility for cost
Self treatment
Cash strapped tenants
To notify or not to notify landlord
Landlords duty to disclose
Lack of response from landlord
Acquiring used furniture (especially curbside)

LANDLORD
Anyone can get bed bugs
Not attracted by condition of apartment/ insects of convenience
Landlord cannot control-clothing, suitcases, storage boxes, furniture
Tenant’s failure to notify
Self treatment
Tenant’s failure to prepare for treatment
Reintroduction after treatment
Cash-strapped owners
Responsibility for cost
Failure to allow entry

10 Bed Bugs: Legal Issues

by Central Ohio Bed Bug Task Force on Sep 14, 2011

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10 Bed Bugs: Legal Issues — Presentation Transcript