2015 Central Ohio2015 Central OhioBed Bug Task Force SummitBed Bug Task Force Summit

BED BUG SEMINARBED BUG SEMINARInstructors:Instructors:

Dmitri Hatzifotinos Dmitri Hatzifotinos Willis Law Firm, LLCWillis Law Firm, LLC

141 E. Town Street, Suite 200141 E. Town Street, Suite 200Columbus, Ohio 43215Columbus, Ohio 43215

P. 614.324.0442P. 614.324.0442F. 614.324.0460F. 614.324.0460

wwillis@willislawohio.comwww.willislawohio.com www.willislawohio.com

Joe MaskovyakJoe MaskovyakCoalition on Homelessness and Housing in Ohio (COHHIO)Coalition on Homelessness and Housing in Ohio (COHHIO)

175 S. Third Street175 S. Third StreetColumbus, Ohio 43215Columbus, Ohio 43215

P. 614.280-1984x33P. 614.280-1984x33F. 614.463-1060F. 614.463-1060

joemaskovyak@cohhio.org www.cohhio.orgwww.cohhio.org

§ 5321.04§ 5321.04Obligations of LandlordObligations of Landlord

(A)(A) A Landlord who is a party to a rental A 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 applicable Comply with the requirements of all applicable

building, housing, health, and safety codes building, housing, health, and safety codes that that materially affect health and safety;materially affect health and safety;2. 2. Make all repairs and do whatever is reasonably Make 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 a Keep all common areas of the premises in a safe safe and sanitary conditionand sanitary condition..

§ 5321.05§ 5321.05Obligations of TenantObligations of Tenant

(A)(A) A Tenant who is party to a rental agreement A Tenant who is party to a rental agreement shall shall do all do all of the following…of the following…1.1. Keep that part of the premises that he Keep that part of the premises that he occupies occupies

and uses safe and sanitary;and uses safe and sanitary;5.5. Comply with the requirements imposed in Comply with the requirements imposed in tenants by all applicable state and local tenants 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…

§ 5321.06§ 5321.06Rental Agreement TermsRental Agreement Terms

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

Title 45 HOUSING CODE OF THE Title 45 HOUSING CODE OF THE COLUMBUS CITY CODESCOLUMBUS CITY CODES

Article VII. General RegulationArticle VII. General Regulation

Chapter 4551 RESPONSIBILITY OF OWNERS AND Chapter 4551 RESPONSIBILITY OF OWNERS AND OCCUPANTSOCCUPANTS

4551.01 Responsibility of Owner4551.01 Responsibility of Owner

Responsibilities of owners and occupants include, but Responsibilities 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 for The owner is responsible for elimination of any insects, rats, or other pests in a elimination of any insects, rats, or other pests in a dwelling containing two (2) or more dwelling units dwelling containing two (2) or more dwelling units and on the premises thereof. He is also responsible and 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.

4551.02 Responsibility of Occupant4551.02 Responsibility of Occupant

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

International Property International Property Maintenance CodeMaintenance Code

1307.01 STANDARDS AND ADOPTION OF 1307.01 STANDARDS AND ADOPTION OF CODE.CODE.

The International Property Maintenance Code, 2006 The International Property Maintenance Code, 2006 edition, as published by the International Code edition, as published by the International Code Council, be and is hereby adopted as the Property Council, 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 and for 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.)

IPMC Section 308 ExterminationIPMC Section 308 Extermination

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

IPMC Section 308 ExterminationIPMC Section 308 Extermination

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

IPMC Section 308 ExterminationIPMC Section 308 Extermination 308.3 Single Occupant. 308.3 Single Occupant. The occupant of a The occupant of a

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

IPMC Section 308 ExterminationIPMC Section 308 Extermination 308.4 Multiple Occupancy. 308.4 Multiple Occupancy. The owner of a The owner of a

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

IPMC Section 308 ExterminationIPMC Section 308 Extermination 308.5 Occupant. 308.5 Occupant. The occupant of any The occupant of any

structure shall be responsible for the continued structure shall be responsible for the continued rodent and pest-free condition of the structure.rodent and pest-free condition of the structure.

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

5321.075321.07Notice 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 rental imposed 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 is whichever is soonersooner, and the tenant is current in rent, , and the tenant is current in rent, the tenant may:the tenant may:

1. Escrow1. Escrow2. Ask for Court order to reduce rent and/or use 2. Ask for Court order to reduce rent and/or use

money to make repair money to make repair3. Terminate the lease.3. Terminate the lease.

5321.095321.09Landlord application for release of rentLandlord application for release of rent

((A) A landlord who receives notice that rent due him has been deposited 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 with 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 in 2. 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 the given pursuant to division (A) of section 5321.07 of the Revised Code was the result of an act or omission 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 tenant, or that the tenant intentionally acted in bad faith in proceeding under section 5321.07 of the Revised Code, the proceeding under section 5321.07 of the Revised Code, the tenant shall be liable for damages caused to the landlord and tenant 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.

Integrated Pest Management (IPM) Integrated Pest Management (IPM) for Bed Bugsfor Bed Bugs

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

MULTIFAMILY INTEGRATED MULTIFAMILY 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 Bed Dr. 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

MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATEDPEST 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 into Incorporation of Integrated Pest Management Plan into

Lease/Rules/RegulationsLease/Rules/Regulations Tenant Certifications Tenant Certifications Carrots & SticksCarrots & Sticks

MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATEDPEST MANAGEMENT PLANPEST MANAGEMENT PLAN

Tenant NoticeTenant Notice Preparations for TreatmentPreparations for Treatment Using the Using the ““rightright”” pest control company pest control company 5321.115321.11

MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATEDPEST MANAGEMENT PLANPEST MANAGEMENT PLAN

Reasonable Accommodation PolicyReasonable Accommodation Policy Use of bed bug detection dogUse of bed bug detection dog Modifying local Modifying local ““set outset out”” rules rules

HUD NOTICE H 2011-20HUD NOTICE H 2011-20

Guidelines on bed bugs applicable to all Guidelines 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 811 HUD-held or Direct Loans, Section 202 or 811 Capital Advances, Project-Based Rental Capital Advances, Project-Based Rental Assistance Contracts, and/or HUD USE Assistance Contracts, and/or HUD USE AgreementsAgreements

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

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

The ConundrumThe Conundrum TenantTenant’’s sides side

LandlordLandlord’’s sides side

TENANTTENANT Anyone can get bed bugs.Anyone can get bed bugs. Not linked to unclean conditionsNot linked to unclean conditions Difficulty preparing for treatment Difficulty 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)

LANDLORDLANDLORD Anyone can get bed bugsAnyone can get bed bugs Not attracted by condition of apartment/ insects of Not attracted by condition of apartment/ insects of

convenienceconvenience Landlord cannot control-clothing, suitcases, storage Landlord cannot control-clothing, suitcases, storage

boxes, furnitureboxes, furniture TenantTenant’’s failure to notifys failure to notify Self treatmentSelf treatment TenantTenant’’s failure to prepare for treatments 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

NegligenceNegligence

Who is responsible for treatment and payment Who 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

NegligenceNegligence

Does not work so well with bed bugsDoes not work so well with bed bugs

Health and sanitary condition irrelevant Health and sanitary condition irrelevant

Bed bugs travelBed bugs travel

NegligenceNegligence

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

ResourcesResources

Central Ohio Bed Bug Task ForceCentral Ohio Bed Bug Task Forcewww.centralohiobedbugs.orgwww.centralohiobedbugs.org

Under contract to USDA and funded by HUD, the NE Under contract to USDA and funded by HUD, the NE Regional IPM Center at Cornell University issued a Regional IPM Center at Cornell University issued a booklet titled, booklet titled, ““Integrated Pest Management, A Guide Integrated Pest Management, A Guide for Affordable Housing.for Affordable Housing.”” This document is posted at: This document is posted at:

http://www.stoppests.org/what-is-ipm/guide/

Prevention and Safe Removal Prevention and Safe Removal of Bedbugsof Bedbugs

portal.hud.gov/huddoc/PIH2012-17-att.pdfportal.hud.gov/huddoc/PIH2012-17-att.pdf

Good SummaryGood SummaryPrevention Action Plan, Removal Action PlanPrevention Action Plan, Removal Action Plan

Additional ResourcesAdditional Resources