Looking for Bed Bugs Central Ohio Bed Bug Task Force April 7, 2009

Ohio Association of Realtors
Property Management Forum
Bed Bug Seminar
January 14, 2013
Instructor:
Bill Willis
Willis Law Firm, LLC
141 E. Town Street, Suite 200
Columbus, Ohio 43215
P. 614.324.0442
F. 614.324.0460
[email protected]
Web: willislawohio.com
MULTIFAMILY INTEGRATED
PEST MANAGEMENT PLAN
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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
MULTIFAMILY INTEGRATED
PEST MANAGEMENT PLAN
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Educating Tenants- Bed Bug Myths/Facts
Central Ohio Bed Bug Task Force
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
MULTIFAMILY INTEGRATED
PEST MANAGEMENT PLAN
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Tenant Notice
Preparations for Treatment
Using the “right” pest control company
5321.11 (Issues)
Carrots & Sticks
MULTIFAMILY INTEGRATED
PEST MANAGEMENT PLAN
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Reasonable Accommodation Policy
Use of Bed Bug detection dog
Modifying local “set out” rules
˛ 5321.04
Obligations of Landlord
(A) A Landlord who is a party to a rental
agreement shall do all of the following:
1.
2.
3.
Comply with the requirements of all applicable building,
housing, health, and safety codes that materially affect health
and safety;
Make all repairs and do whatever is reasonably necessary to
put and keep the premises;
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.
Columbus City Code
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 ratproofing of the premises.
Columbus City Code
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)
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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 reinfestation.
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
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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
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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
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308.5 Occupant. The occupant of any
structure shall be responsible for the continued
rodent and pest-free condition of the structure.
Perrysburg Code Section 1460.09
Extermination
(1)
(2)
(3)
Every occupant of a dwelling unit shall be responsible for the
extermination of any insects, rodents or other pests in it or in the yard. In a
two-family dwelling or a multi-family dwelling the occupant shall be
responsible for such extermination whenever his dwelling unit is the only
one infested. When, however, infestation is caused by failure of the owner
or operator to maintain a dwelling in a rodent-proof or substantially
insect-proof condition, extermination shall be the responsibility of the
owner or operator.
Every owner or operator shall be responsible for extermination of any
insects, rodents or other pests whenever infestation exists in two or more
of the dwelling units in any dwelling or in the shared or public areas of
any two-family dwelling or any multi-family dwelling.
Every owner or operator of a rooming house shall be responsible for the
extermination of any insects, rodents or other pests in it or in the yard.
5321.11 Failure Of Tenant To Fulfill
Obligations-Remedies Of Landlords
(The Cure Notice)
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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”
The Conundrum
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Tenant’s side
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Landlord’s side
TENANT
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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
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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