DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 240

AN ACT TO AMEND TITLES 25 AND 31 OF THE DELAWARE CODE RELATING TO BED BUGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 51, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 5141. Definitions.

The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

( ) “Bed bug infestation” means the presence of bed bugs in real property rented for residential purposes.

( ) “Pest management professional” means a person who is licensed by the State of Delaware to engage in the business of applying pesticides to the lands or personal property of another.

( ) “Bed bug remediation” means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least 60 days.

Section 2. Amend Chapter 53, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5317. Landlord obligations relating to bed bug infestation.

(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.

(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.

(c) Prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written or electronic notice to the prospective tenant that sets for the history, within the previous 12 months, of any bed bug infestation of the dwelling unit to be rented by the prospective tenant and of the building in which the dwelling unit is located. Electronic notice may be provided by email or by an electronic portal or management communication system that is available to both a landlord and a tenant. If there is no history of bed bug infestation, the landlord shall disclose that fact in the notice.

(d) Upon notification by a person who finds or reasonably suspects a bed bug infestation in a dwelling unit or common area of the premises, the landlord shall:

(1) Acknowledge the complaint within 96 hours of notification of the suspected infestation.

(2) Obtain investigatory and remedial services from a pest management professional within 10 days of notification.

(3) Upon a determination of an infestation, provide remedial services until such time as a pest management professional determines that no evidence of bed bugs can be found in the premises.

(4) Obtain investigatory services of a pest management professional in connection with any unit directly adjacent to, above or below the dwelling unit or common area from which the original report came.

(5) Provide tenants with no less than 24 hours’ notice in advance of entering a dwelling unit for purposes of inspection, bed bug remediation, or monitoring in connection with a bed bug complaint.

(6) Provide all tenants of units affected by a bed bug complaint with written or electronic notice of the pest management professional’s determination in connection with such unit within 96 hours of receipt of information from the pest management professional. Electronic notice may be provided by email or by an electronic portal or management communication system that is available to both a landlord and a tenant. Similar notification must be provided to all tenants in connection with determinations made regarding a common area of the premises.

(7) Obtain reasonable monitoring services for a period of 12 months after no evidence of bed bugs can be found in connection with any unit determined to be infested. If the unit is leased to a new tenant during the monitoring period, the landlord must fully explain the monitoring activities to the new tenant and continue monitoring during such period.

(8) Maintain a written record of all complaints and control measures provided, including reports of chemicals applied and other remedies provided by the pest management professional or other person and any other reports or receipts prepared by the pest management professional. Such records shall be maintained for 2 years.

(e) Responsibility for bed bug remediation:

(1) If a tenant notifies the landlord that the tenant found or reasonably suspects a bed bug infestation within the tenant’s dwelling unit (i) within 180 days after the lease commencement date or (ii) within 90 days of a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for the costs of investigating and remediating the infestation.

(2) If a tenant notifies the landlord that the tenant found or reasonably suspects a bed bug infestation more than 180 days after the lease commencement date and not within 90 days of a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for investigating and remediating the bed bug infestation, provided that tenant shall share in the responsibility for the reasonable costs thereof. The tenant shall not be responsible to share in costs with properties managed by a state or local government housing authority or properties for which rent is paid through a government-sponsored housing choice voucher program.

Section 3. Amend Chapter 41, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 4121. Extermination.

(a) Owner’s responsibility. – The owner of any structure shall be responsible for extermination of insects, rats, 60 vermin or other pests within the structure prior to renting, leasing or selling the structure.

(b) Tenant-occupant’s responsibility . –  The tenant-occupant of any structure shall be responsible for the continued rat proof condition of the structure, and if the tenant occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the tenant-occupant.

(c) Single unit occupant’s responsibility. – The occupant of a structure containing a single dwelling unit shall be responsible for the extermination of any insects, rats or other pests in the structure or on the premises , except as otherwise provided in subpart (e) .

(d) Responsibility for common areas in multiple unit structures. —  Every owner, agent or operator of 2 or more dwelling units or multiple occupancies, or rooming houses, shall be responsible for the extermination of any insects, rats or other pests in the public or shared areas of the structure and premises.

(e) Bed bug remediation.

(1) If the tenant notifies the owner that the tenant found or reasonably suspects a bed bug infestation in a dwelling

unit within 180 days after the dwelling unit was rented or within 90 days of discovery of a bed bug infestation in an adjoining unit in the building, the owner shall be responsible for the costs of investigating and remediating the infestation.

(2) If the tenant notifies the owner of a bed bug infestation more than 180 days after the dwelling was rented and not within 90 days of a discovery of a bed bug infestation in an adjoining unit within the building, the landlord shall be responsible for investigating and remediating the bed bug infestation, provided that the tenant shall share in the responsibility for the reasonable costs thereof.

(3) The tenant shall not be responsible to share in costs with properties managed by a state or local government housing authority or properties for which rent is paid through a government-sponsored housing choice voucher program.

SYNOPSIS

This Act prohibits landlords from renting a dwelling unit that the landlord knows has a current bed bug infestation. This Act also obligates landlords to notify prospective tenants of any bed bug infestation occurring in the dwelling unit or within the building in which the dwelling unit is located within the previous 12 months. In addition, the Act sets forth the steps a landlord must take upon receiving notice of an actual or suspected bed bug infestation, including acknowledging the complaint, obtaining investigatory and remedial services from a pest management professional, notifying tenants of inspection, remediation, and monitoring in connection with a bed bug complaint, notifying tenants of the pest management professional's determination regarding the infestation, obtaining reasonable monitoring services for a period of 12 months after no evidence of bed bugs can be found, and maintaining a written record of all complaints and control measures provided for a period of 2 years.

Further, the Act provides that if notice of an actual or suspected bed bug infestation is provided within 180 days after the lease commencement or within 90 days of discovery of a bed bug infestation in an adjoining unit in the building, the landlord is responsible for the costs of investigating and remediating the infestation; if the notice is provided more than 180 days after the lease commencement date and not within 90 days of discovery of a bed bug infestation in an adjoining unit, the landlord is responsible for investigating and remediating the infection, but the tenant shall share in the responsibility for the reasonable costs of the investigation and remediation. However, the tenant is not responsible to share in costs with properties managed by a state or local government housing authority or properties for which rent is paid through a government-sponsored housing choice voucher program.

Author: Senator Sturgeon