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Bed Bugs and the Law 2015 COBBTF Summit

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Attorneys Joe Maskovyak & Dmitri Hatzifotinos describe obligations of tenants and landlords in terms of bed bugs

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Bed Bugs and the Law 2015 COBBTF Summit

  1. 1. 2015 Central Ohio2015 Central Ohio Bed Bug Task Force SummitBed Bug Task Force Summit BED BUG SEMINARBED BUG SEMINAR Instructors:Instructors: Dmitri HatzifotinosDmitri Hatzifotinos Willis Law Firm, LLCWillis Law Firm, LLC 141 E. Town Street, Suite 200141 E. Town Street, Suite 200 Columbus, Ohio 43215Columbus, Ohio 43215 P. 614.324.0442P. 614.324.0442 F. 614.324.0460F. 614.324.0460 wwillis@willislawohio.comwwillis@willislawohio.com www.willislawohio.comwww.willislawohio.com Joe MaskovyakJoe Maskovyak Coalition on Homelessness and Housing in Ohio (COHHIO)Coalition on Homelessness and Housing in Ohio (COHHIO) 175 S. Third Street175 S. Third Street Columbus, Ohio 43215Columbus, Ohio 43215 P. 614.280-1984x33P. 614.280-1984x33 F. 614.463-1060F. 614.463-1060 joemaskovyak@cohhio.orgjoemaskovyak@cohhio.org www.cohhio.orgwww.cohhio.org
  2. 2. § 5321.04§ 5321.04 Obligations of LandlordObligations of Landlord (A)(A) A Landlord who is a party to a rentalA Landlord who is a party to a rental agreement shall do all of the following:agreement shall do all of the following: 1.1. Comply with the requirements of all applicableComply with the requirements of all applicable building, housing, health, and safety codesbuilding, housing, health, and safety codes thatthat materially affect health and safety;materially affect health and safety; 2.2. Make all repairs and do whatever is reasonablyMake all repairs and do whatever is reasonably necessary to put and keep the premises;necessary to put and keep the premises; 3.3. Keep all common areas of the premises in aKeep all common areas of the premises in a safesafe and sanitary conditionand sanitary condition..
  3. 3. § 5321.05§ 5321.05 Obligations of TenantObligations of Tenant (A)(A) A Tenant who is party to a rental agreement shallA Tenant who is party to a rental agreement shall do alldo all of the following…of the following… 1.1. Keep that part of the premises that heKeep that part of the premises that he occupiesoccupies and uses safe and sanitary;and uses safe and sanitary; 5.5. Comply with the requirements imposed inComply with the requirements imposed in tenants by all applicable state and localtenants by all applicable state and local housing,housing, health, and safety codes;…health, and safety codes;… 9.9. (B) The Tenant shall not unreasonably(B) The Tenant shall not unreasonably withhold consent for the Landlord to enter…withhold consent for the Landlord to enter…
  4. 4. § 5321.06§ 5321.06 Rental Agreement TermsRental Agreement Terms A Landlord and a Tenant may include in aA Landlord and a Tenant may include in a Rental Agreement any terms and conditions,Rental Agreement any terms and conditions, including any term relating to rent, theincluding any term relating to rent, the duration of an agreement, and any otherduration of an agreement, and any other provision governing the rights and obligationsprovision governing the rights and obligations of the parties that are not inconsistent with orof the parties that are not inconsistent with or prohibited by Chapter 5321.of the Revisedprohibited by Chapter 5321.of the Revised Code or any other rule of law.Code or any other rule of law.
  5. 5. Title 45 HOUSING CODE OF THETitle 45 HOUSING CODE OF THE COLUMBUS CITY CODESCOLUMBUS CITY CODES  Article VII. General RegulationArticle VII. General Regulation  Chapter 4551 RESPONSIBILITY OF OWNERS ANDChapter 4551 RESPONSIBILITY OF OWNERS AND OCCUPANTSOCCUPANTS
  6. 6. 4551.01 Responsibility of Owner4551.01 Responsibility of Owner Responsibilities of owners and occupants include, butResponsibilities of owners and occupants include, but are not limited to, the following areas:are not limited to, the following areas: (f)(f) Pest elimination.Pest elimination. The owner is responsible forThe owner is responsible for elimination of any insects, rats, or other pests in aelimination of any insects, rats, or other pests in a dwelling containing two (2) or more dwelling unitsdwelling containing two (2) or more dwelling units and on the premises thereof. He is also responsibleand on the premises thereof. He is also responsible whenever the infestation is caused by improper rat-whenever the infestation is caused by improper rat- proofing of the premises.proofing of the premises.
  7. 7. 4551.02 Responsibility of Occupant4551.02 Responsibility of Occupant (f)(f) Pest Elimination.Pest Elimination. The occupant isThe occupant is responsible for elimination of any insects, rats,responsible for elimination of any insects, rats, or other pests within that part of the premisesor other pests within that part of the premises occupied and controlled by him in a singleoccupied and controlled by him in a single family dwelling or in a dwelling containingfamily dwelling or in a dwelling containing two (2) or more dwelling units if his unit is thetwo (2) or more dwelling units if his unit is the only one infested unless infestation of theonly one infested unless infestation of the premises was caused by improper rat-proofing.premises was caused by improper rat-proofing.
  8. 8. International PropertyInternational Property Maintenance CodeMaintenance Code 1307.01 STANDARDS AND ADOPTION OF1307.01 STANDARDS AND ADOPTION OF CODE.CODE. The International Property Maintenance Code, 2006The International Property Maintenance Code, 2006 edition, as published by the International Codeedition, as published by the International Code Council, be and is hereby adopted as the PropertyCouncil, be and is hereby adopted as the Property Maintenance and Housing Code of the City of Troy,Maintenance and Housing Code of the City of Troy, for regulating and governing the condition andfor regulating and governing the condition and maintenance of all property, building and structures.maintenance of all property, building and structures. (Ord. 32-2007. Passed 6-18-07.)(Ord. 32-2007. Passed 6-18-07.)
  9. 9. IPMC Section 308 ExterminationIPMC Section 308 Extermination 308.01 Infestation.308.01 Infestation. All structures shall be keptAll structures shall be kept free from insect and rodent infestation. Allfree from insect and rodent infestation. All structures in which insects or rodents arestructures in which insects or rodents are found shall be promptly exterminated byfound shall be promptly exterminated by approved processes that will not be injuriousapproved processes that will not be injurious to human health. After extermination, properto human health. After extermination, proper precautions shall be taken to prevent re-precautions shall be taken to prevent re- infestation.infestation.
  10. 10. IPMC Section 308 ExterminationIPMC Section 308 Extermination 308.2 Owner.308.2 Owner. The owner of any structureThe owner of any structure shall be responsible for extermination withinshall be responsible for extermination within the structure prior to renting or leasing thethe structure prior to renting or leasing the structure.structure.
  11. 11. IPMC Section 308 ExterminationIPMC Section 308 Extermination  308.3 Single Occupant.308.3 Single Occupant. The occupant of aThe occupant of a one-family dwelling or of a single-tenantone-family dwelling or of a single-tenant nonresidential structure shall be responsiblenonresidential structure shall be responsible for extermination on the premises.for extermination on the premises.
  12. 12. IPMC Section 308 ExterminationIPMC Section 308 Extermination  308.4 Multiple Occupancy.308.4 Multiple Occupancy. The owner of aThe owner of a structure containing two or more dwellingstructure containing two or more dwelling units, a multiple occupancy, a rooming houseunits, a multiple occupancy, a rooming house or a nonresidential structure shall beor a nonresidential structure shall be responsible for extermination in the public orresponsible for extermination in the public or shared areas of the structure and exteriorshared areas of the structure and exterior property. If infestation is caused by failure ofproperty. If infestation is caused by failure of an occupant to prevent such infestations in thean occupant to prevent such infestations in the area occupied, the occupant shall bearea occupied, the occupant shall be responsible for extermination.responsible for extermination.
  13. 13. IPMC Section 308 ExterminationIPMC Section 308 Extermination  308.5 Occupant.308.5 Occupant. The occupant of anyThe occupant of any structure shall be responsible for the continuedstructure shall be responsible for the continued rodent and pest-free condition of the structure.rodent and pest-free condition of the structure.
  14. 14. 5321.11 Failure Of Tenant To Fulfill5321.11 Failure Of Tenant To Fulfill Obligations-Remedies Of LandlordsObligations-Remedies Of Landlords (The Cure Notice)(The Cure Notice)  If the tenant fails to fulfill any obligationIf the tenant fails to fulfill any obligation imposed upon him by section 5321.05 of theimposed upon him by section 5321.05 of the Revised Code that materially affects healthRevised Code that materially affects health and safety…landlord may deliver writtenand safety…landlord may deliver written notice, specifying acts or omissions…rentalnotice, specifying acts or omissions…rental agreement will terminate 30 days…if theagreement will terminate 30 days…if the tenant fails to remedy,tenant fails to remedy, “The rental agreement“The rental agreement shall terminate”shall terminate”
  15. 15. 5321.075321.07 Notice to Remedy Condition,Notice to Remedy Condition, Escrow, Lease TerminationEscrow, Lease Termination  (A) If a landlord fails to fulfill any obligation(A) If a landlord fails to fulfill any obligation imposed on him by section 5321.04…or the rentalimposed on him by section 5321.04…or the rental agreement,…the tenant may give notice in writing…agreement,…the tenant may give notice in writing…  (B) If a landlord…fails to remedy the condition(B) If a landlord…fails to remedy the condition within a reasonable time…or within 30 days,within a reasonable time…or within 30 days, whichever iswhichever is soonersooner, and the tenant is current in rent,, and the tenant is current in rent, the tenant may:the tenant may: 1. Escrow1. Escrow 2. Ask for Court order to reduce rent and/or use2. Ask for Court order to reduce rent and/or use money to make repairmoney to make repair 3. Terminate the lease.3. Terminate the lease.
  16. 16. 5321.095321.09 Landlord application for release of rentLandlord application for release of rent ((A) A landlord who receives notice that rent due him has been depositedA) A landlord who receives notice that rent due him has been deposited with a clerk of a municipal or county Court pursuant to section 5321.07with a clerk of a municipal or county Court pursuant to section 5321.07 of the Revised Code, may do the followingof the Revised Code, may do the following::  1. Conditions in 5321.05 notice has been remedied1. Conditions in 5321.05 notice has been remedied  2. Tenant did not provide 5321.07 notice or was not current in2. Tenant did not provide 5321.07 notice or was not current in their rent…their rent…  3. No violation of any obligation under 5321.04 or lease…3. No violation of any obligation under 5321.04 or lease…  (C) If above conditions found to be true Court releases funds(C) If above conditions found to be true Court releases funds to landlord…to landlord…  (D) If the Court finds that the condition contained in the notice(D) If the Court finds that the condition contained in the notice given pursuant to division (A) of section 5321.07 of thegiven pursuant to division (A) of section 5321.07 of the Revised Code was the result of an act or omission of theRevised Code was the result of an act or omission of the tenant, or that the tenant intentionally acted in bad faith intenant, or that the tenant intentionally acted in bad faith in proceeding under section 5321.07 of the Revised Code, theproceeding under section 5321.07 of the Revised Code, the tenant shall be liable for damages caused to the landlord andtenant shall be liable for damages caused to the landlord and costs, together with reasonable attorneycosts, together with reasonable attorney’s fees if the tenant’s fees if the tenant intentionally acted in bad faith.intentionally acted in bad faith.
  17. 17. Integrated Pest Management (IPM)Integrated Pest Management (IPM) for Bed Bugsfor Bed Bugs Integrated pest management (IPM) is the coordinatedIntegrated pest management (IPM) is the coordinated use of information about pests, the environment, anduse of information about pests, the environment, and evidence-based pest control methods to prevent andevidence-based pest control methods to prevent and manage pest infestations. Pests need food, water, and amanage pest infestations. Pests need food, water, and a place to hide. Take these away and you begin to solveplace to hide. Take these away and you begin to solve the pest problem in a sustainable way.the pest problem in a sustainable way.
  18. 18. MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATED PEST MANAGEMENT PLANPEST MANAGEMENT PLAN  Educating StaffEducating Staff  Proper Information, Identification, InspectionProper Information, Identification, Inspection  Dr. Jones Power Point, use of Photo Placards, Looking for BedDr. Jones Power Point, use of Photo Placards, Looking for Bed Bugs ManualBugs Manual  Preventative Policies and PracticesPreventative Policies and Practices  Vendor RequirementsVendor Requirements  Maintenance ChecklistMaintenance Checklist  Complaint by Resident; Bed Bugs Discovered; Now What?Complaint by Resident; Bed Bugs Discovered; Now What?  Proper Record KeepingProper Record Keeping
  19. 19. MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATED PEST MANAGEMENT PLANPEST MANAGEMENT PLAN  Educating Tenants- Bed Bug Myths/FactsEducating Tenants- Bed Bug Myths/Facts  Mandatory ReportingMandatory Reporting  Preventative Policies and PracticesPreventative Policies and Practices  Secondhand ItemsSecondhand Items  Self Help ProhibitedSelf Help Prohibited  Incorporation of Integrated Pest Management Plan intoIncorporation of Integrated Pest Management Plan into Lease/Rules/RegulationsLease/Rules/Regulations  Tenant CertificationsTenant Certifications  Carrots & SticksCarrots & Sticks
  20. 20. MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATED PEST MANAGEMENT PLANPEST MANAGEMENT PLAN  Tenant NoticeTenant Notice  Preparations for TreatmentPreparations for Treatment  Using theUsing the “right” pest control company“right” pest control company  5321.115321.11
  21. 21. MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATED PEST MANAGEMENT PLANPEST MANAGEMENT PLAN  Reasonable Accommodation PolicyReasonable Accommodation Policy  Use of bed bug detection dogUse of bed bug detection dog  Modifying localModifying local “set out” rules“set out” rules
  22. 22. HUD NOTICE H 2011-20HUD NOTICE H 2011-20 Guidelines on bed bugs applicable to allGuidelines on bed bugs applicable to all multifamily properties with active HUD insured,multifamily properties with active HUD insured, HUD-held or Direct Loans, Section 202 or 811HUD-held or Direct Loans, Section 202 or 811 Capital Advances, Project-Based RentalCapital Advances, Project-Based Rental Assistance Contracts, and/or HUD USEAssistance Contracts, and/or HUD USE AgreementsAgreements
  23. 23. HUD NoticeHUD Notice H 2012-5H 2012-5 issued April 23, 2012issued April 23, 2012 supersedes Housing Notice 2011-20supersedes Housing Notice 2011-20
  24. 24. HUD NoticeHUD Notice PIH-2012-17PIH-2012-17 Public Housing AgenciesPublic Housing Agencies
  25. 25. The ConundrumThe Conundrum  TenantTenant’s side’s side  LandlordLandlord’s side’s side
  26. 26. TENANTTENANT  Anyone can get bed bugs.Anyone can get bed bugs.  Not linked to unclean conditionsNot linked to unclean conditions  Difficulty preparing for treatmentDifficulty preparing for treatment (physical/mental/economic)(physical/mental/economic)  Responsibility for costResponsibility for cost  Self treatmentSelf treatment  Cash strapped tenantsCash strapped tenants  To notify or not to notify landlordTo notify or not to notify landlord  Landlords duty to discloseLandlords duty to disclose  Lack of response from landlordLack of response from landlord  Acquiring used furniture (especially curbside)Acquiring used furniture (especially curbside)
  27. 27. LANDLORDLANDLORD  Anyone can get bed bugsAnyone can get bed bugs  Not attracted by condition of apartment/ insectsNot attracted by condition of apartment/ insects of convenienceof convenience  Landlord cannot control-clothing, suitcases,Landlord cannot control-clothing, suitcases, storage boxes, furniturestorage boxes, furniture  TenantTenant’s failure to notify’s failure to notify  Self treatmentSelf treatment  TenantTenant’s failure to prepare for treatment’s failure to prepare for treatment  Reintroduction after treatmentReintroduction after treatment  Cash-strapped ownersCash-strapped owners  Responsibility for costResponsibility for cost  Failure to allow entryFailure to allow entry
  28. 28. NegligenceNegligence  Who is responsible for treatment and paymentWho is responsible for treatment and payment typically is a function of who is at faulttypically is a function of who is at fault  Works with cockroaches and ratsWorks with cockroaches and rats
  29. 29. NegligenceNegligence  Does not work so well with bed bugsDoes not work so well with bed bugs  Health and sanitary condition irrelevantHealth and sanitary condition irrelevant  Bed bugs travelBed bugs travel
  30. 30. NegligenceNegligence Bed Bugs are TravelersBed Bugs are Travelers -Schools-Schools -Hospitals-Hospitals -Daycare-Daycare -Job-Job -Guests-Guests -Hotels & Motels-Hotels & Motels
  31. 31. ResourcesResources Central Ohio Bed Bug Task ForceCentral Ohio Bed Bug Task Force www.centralohiobedbugs.orgwww.centralohiobedbugs.org
  32. 32. Under contract to USDA and funded by HUD, the NEUnder contract to USDA and funded by HUD, the NE Regional IPM Center at Cornell University issued aRegional IPM Center at Cornell University issued a booklet titled,booklet titled, “Integrated Pest Management, A Guide“Integrated Pest Management, A Guide for Affordable Housing.” This document is posted at:for Affordable Housing.” This document is posted at: http://www.stoppests.org/what-is-ipm/guide/http://www.stoppests.org/what-is-ipm/guide/
  33. 33. Prevention and Safe RemovalPrevention and Safe Removal of Bedbugsof Bedbugs portal.hud.gov/huddoc/PIH2012-17-att.pdfportal.hud.gov/huddoc/PIH2012-17-att.pdf Good SummaryGood Summary Prevention Action Plan, Removal Action PlanPrevention Action Plan, Removal Action Plan Additional ResourcesAdditional Resources

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