Bed Bugs & The Law 2018 COBBTF Summit

Coalition on Homelessness and Housing in Ohio | 175 S. Third St. Suite 580 Columbus, OH 43215
2018 COBBTF Summit
BED BUGS and the LAW
Bill Willis
Willis Law Firm, LLC
141 E. Town Street, Suite 200
Columbus, Ohio 43215
P. 614.324.0442
F. 614.324.0460
wwillis@willislawohio.com
www.willislawohio.com
Joe Maskovyak
Coalition on Homelessness and Housing in Ohio (COHHIO)
175 S. Third Street
Columbus, Ohio 43215
P. 614.280-1984x133
F. 614.463-1060
joemaskovyak@cohhio.org
www.cohhio.org

Chapter 5321
•Question
• The Ohio landlord-tenant law was
amended in 2016 to specifically determine
who (landlords or tenants) is responsible
both for treating any infestation as well as
who is responsible for payment
• A. True
• B. False

Chapter 5321
• The correct answer is: FALSE
• Seriously?
• You really believe the Ohio legislature
has stepped up to address this issue?

§ 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 in fit
condition;
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.

International Property
Maintenance Code
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.

IPMC Section 308
Extermination
308.2 Owner. The owner of any structure
shall be responsible for extermination within
the structure prior to renting or leasing the
structure.

IPMC Section 308
Extermination
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.

IPMC Section 308
Extermination
• 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.

IPMC Section 308
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 any of
the following, including applying to the court for the release of the
rent on the grounds that:
• 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.

Integrated Pest Management
(IPM)
for Bed Bugs
Integrated pest management (IPM) is the
coordinated use of information about pests, the
environment, and evidence-based pest control
methods to prevent and manage pest
infestations. Pests need food, water, and a place
to hide. Take these away and you begin to solve
the pest problem in a sustainable way.

MULTIFAMILY INTEGRATED
PEST MANAGEMENT PLAN
• Educating Staff
• Proper Information, Identification, Inspection
• Dr. Jones Power Point, use of Photo Placards, Looking
for Bed Bugs Manual
• Preventative Policies and Practices
• Vendor Requirements
• Maintenance Checklist
• Complaint by Resident; Bed Bugs Discovered; Now
What?
• Proper Record Keeping

• Educating Tenants- Bed Bug Myths/Facts
• Mandatory Reporting
• Preventative Policies and Practices
• Secondhand Items
• Self Help Prohibited
• Incorporation of Integrated Pest Management Plan into
Lease/Rules/Regulations
• Tenant Certifications
• Carrots & Sticks

• Tenant Notice
• Preparations for Treatment
• Using the “right” pest control company
• Reasonable Accommodation Policy
• Use of bed bug detection dog
• Modifying local “set out” rules

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 (HUD Multifamily Properties)

HUD NOTICE H 2012-5
HUD Notice H 2012-5 issued April 23, 2012
supersedes Housing Notice 2011-20

HUD NOTICE PIH 2012-17
HUD Notice PIH-2012-17
Public Housing Agencies

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
• Landlord’s 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

Negligence
• Who is responsible for treatment and payment
typically is a function of who is at fault
• Works with cockroaches and rats

Negligence
• Does not work so well with bed bugs
• Health and sanitary condition irrelevant
• Bed bugs travel

Negligence
Bed Bugs are Travelers
-Schools
-Hospitals
-Daycare
-Job
-Guests
-Hotels & Motels

Negligence
Question
• Since I know bed bugs travel, I should and would be
liable and responsible for paying if:
• A. As a parent, I continued to send my kid(s) to school if
there has been a report of bed bugs
• B. If I continued to send my kid(s) to a daycare that
reported bed bugs, even if it means I must take off work,
whether or not I have leave time
• C. I go to work after knowing that bed bugs have been
reported in the work place
• D. I fail to ask and/or search every guest that enters my
home for bed bugs
• E. I have no idea…..

Negligence
• The correct answer is E
• The law has not made clear when a tenant
should be held responsible because they have
bed bugs in their home.
• Even if it can shown that the tenant, tenants’ kids
or guests brought the bed bugs, there is no
statute or court case that has analyzed how or
when responsibility may be allocated for liability

Resources
Central Ohio Bed Bug Task Force
www.centralohiobedbugs.org

Under contract to USDA and funded by HUD,
the NE Regional IPM Center at Cornell
University issued a booklet titled, “Integrated
Pest Management, A Guide for Affordable
Housing.” This document is posted at:
http://www.stoppests.org/what-is-ipm/guide/
Resources

Prevention and Safe Removal
of Bedbugs
portal.hud.gov/huddoc/PIH2012-17-att.pdf
Good Summary
Prevention Action Plan, Removal Action Plan
Additional Resources

Bed Bugs & The Law 2018 COBBTF Summit

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