An Act
concerning bedbug infestations in residential dwellings and
supplementing and amending Title 26 of the Revised Statutes.
Be It Enacted by the
Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares
that:
a. Populations of the common bedbug, Cimex lectularius,
have increased by 500 percent in the past few years.
b. A bedbug infestation is a uniquely hard to
exterminate threat to the health and habitability of a dwelling
because tiny adult bedbugs are able to hide deep in mattresses
and walls, and their food source is the occupants of a dwelling.
c. Bedbugs leave signs of their presence in bedding and
in a dwelling that are visible to the naked eye, making
education of a dwelling occupant a critical aspect of
prevention.
d. Bedbugs feed on
1[human]
the1
blood 1of
humans and domestic animals1,
and present a public
1[health]
welfare1
risk.
e. Bedbugs travel through the ventilation systems in
multi-unit establishments, causing
1the
presence of bedbugs in1
exponential
1[infestations]
numbers1.
f. The owner of a multiple dwelling
1,
with the cooperation of tenants,1
is in the best position to coordinate the extermination
1of1
bedbug
1[infestations]
populations1
in that multiple dwelling.
g. The common bedbug is a public nuisance and it is a
matter of public welfare to protect New Jersey citizens' health
from this pest.
1h.
Tenants of multiple dwellings should be educated and vigilant
about preventing the presence of bedbugs in their homes.1
2. (New section) For purposes of this act:
"Bedbug" means an insect of the species "Cimex
lectularius," commonly referred to as a bedbug.
"Commissioner" means the Commissioner of Health and Senior
Services.
1"Common
interest community" means a horizontal property regime,
condominium, cooperative, or mutual housing corporation in which
some of the property, known as common elements or common areas,
is owned as tenants-in-common or otherwise owned by all of the
property owners.1
"Department" means the Department of Health and Senior
Services.
"Dwelling" or "multiple dwelling" means a multiple dwelling
as defined in section 3 of the "Hotel and Multiple Dwelling
Law," P.L.1967, c.76 (C.55:13A-3)
1,
except that this definition shall not include any common
interest community1.
"Eradicate" means the process
1[required]
that shall be undertaken by a commercial pesticide
applicator, licensed pursuant to the "Pesticide Control Act of
1971," P.L.1971, c.176 (C.13:1F-1 et seq.) and the rules and
regulations promulgated by the New Jersey Department of
Environmental Protection to effectuate that act,1
to eliminate
1[an
infestation]
the presence1
of bedbugs by poisoning, spraying, fumigating, trapping, or by
any other recognized and lawful pest-elimination methods,
including repeated applications of any treatment
1,
particularly to areas where bedbugs are likely to congregate1.
2An
eradication shall be deemed completed if there has been no
evidence of bedbug activity for 50 days after the last
application of any treatment.2
1["Infestation"]
2["Presence"1
means the presence of bedbugs in numbers large enough to be
noticeable, harmful, or threatening to the occupants of a
dwelling unit.]2
"Local board" or "local board of health" means the board of
health of any municipality or the boards, bodies or officers in
such municipality lawfully exercising any of the powers of a
local board of health under the laws governing such
municipality.
"Local health officer" means any duly appointed health
officer employed by the local board of health as described in
R.S.26:3-19.
"Owner" means the owner as defined in section 3 of the
"Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-3)
1, except that this definition shall not
include any ownership interest in any common interest community.
"Risk factors" means tenant behaviors that increase the
possibility of the presence of bedbugs in a unit and include,
but are not limited to, living with a domestic pet, furnishing
with older furniture that has not been properly sanitized, and
travel to tropical climates without proper precautions.
"Seasonal use" means use or rental of a unit for a term
of not more than 125 consecutive days for residential purposes
by a person having a permanent place of residence elsewhere.
"Seasonal use" does not mean use or rental of living quarters
for seasonal, temporary or migrant farm workers in connection
with any work or place where work is being performed. The owner
shall have the burden of proving that the use or rental of the
residential property is seasonal1.
3. (New section) a. The department, in consultation
with the Department of Community Affairs, shall, as soon as
practicable and annually thereafter, prepare a pamphlet that
describes bedbugs and explains how
1[bedbug
infestations spread]
the presence of bedbugs spreads1.
This pamphlet may contain any information that the commissioner
deems necessary and may be revised by the department whenever
new information concerning bedbugs becomes available. The
pamphlet shall contain the following information:
(1) Measures that may be taken to prevent and control
1[bedbug
infestations]
the presence of bedbugs1
in a residential setting, including professional extermination,
cleaning the dwelling space and mattresses, and laundering
bedclothes, and clothing;
(2) Specific facts about the bedbug, including its
appearance and breeding habits;
1[and]1
(3) The State's guidelines and regulations for
disinfecting, labeling, and reselling mattresses1;
3[and]3
(4) Tenant behaviors that are risk factors for
attracting and supporting the presence of bedbugs1
3;
and
(5)
A statement describing the legal rights
and responsibilities imposed on tenants and owners of multiple
dwellings by this act, including, but not limited to the owner's
duty to keep the premises free of the presence of bedbugs, a
tenant's duty to notify the owner of the presence of bedbugs,
and the potential financial liability of a tenant for repeated
eradications caused by either a failure to properly maintain the
unit or for interfering with the owner's access to the unit for
inspection or eradication purposes
3.
b. The department shall make the pamphlet available
1[at
no cost]1
to the public
1[,
in a form suitable for distributing pursuant to the provisions
of this act. The department shall make the pamphlet available]1
in both the English and Spanish languages. The department shall
post the pamphlet on the department's Internet website, in an
easily printable format. The pamphlet shall serve as an
informational document only, and nothing therein shall be
construed as binding on or affecting a judicial determination
related to this act. The pamphlet shall not be deemed to be
medical advice.
c. Within
3[30]
903
days after the department has made the pamphlet available to the
public, every owner of a multiple dwelling shall provide each
occupied dwelling unit in the multiple dwelling with a copy of
the pamphlet
2[,
and thereafter]
3personally delivered to the unit or
sent by registered mail or certified mail, return receipt
requested, to the tenant's last known address, which may be the
address of the unit3.
Each tenant shall sign and acknowledge receipt thereof.
3If
an owner is unable to secure the tenant's signature or
acknowledgement of receipt, the owner shall be deemed to have
complied with the requirements of this subsection if the owner
makes two attempts, in good faith, to deliver the pamphlet, at
least one of which attempts shall be tendered by registered mail
or certified mail, return receipt requested, and both of which
shall be documented, including their date, in the owner's
written records or electronic database.3
After the department has made the pamphlet available to the
public,2
every owner of a multiple dwelling shall
provide a copy of the current pamphlet to each new tenant at or
prior to the time the tenant assumes occupancy of the dwelling.
2Each
new tenant shall sign and acknowledge receipt thereof to the
owner A signed provision acknowledging receipt in a lease
agreement dated on or after the date the pamphlet is made
available to the public shall be deemed sufficient notice
pursuant to this section.
2
1[In
addition, every owner of a multiple dwelling shall keep a copy
of the current pamphlet conspicuously posted in one or more
common areas and in a manager's office, so that the pamphlet is
prominent and accessible to the occupants of each dwelling unit.
If there is no common area in the dwelling, the pamphlet
shall be posted in a conspicuous location in the premises,
including, but not limited to the walls of the front vestibule
or any foyer or hallway near the main entrance of the dwelling.]
d.
3The
pamphlet shall contain, in a conspicuous form, the following
statement:
"If you notice or suspect the presence of bedbugs in
your unit, you are required by law to promptly notify the owner
or manager of your unit. You may be responsible for the costs
of exterminating bedbugs if you do not notify your owner or
manager."
e.3
The pamphlet shall contain a separate written statement as
follows:
"Upon reasonable notice, you
3[may
be required to]
must3
grant the owner of your apartment access to the apartment for
purposes of an inspection for
3or
the eradication of3
the presence of bedbugs. This inspection may include a
visual inspection and manual inspection of your personal
belongings, limited to bedding or
2[upholstered]2
furniture. If bedbugs are found in the unit, additional access
and measures may be required. If you do not grant your landlord
access for purposes of an inspection for
3or
the eradication of
3
the presence of bedbugs or if you obstruct access for
purposes of visual inspection, your landlord may not be
responsible for any
2costs
and2
damages relating to and arising from bedbugs in your unit.
2You
may also be responsible for the costs of repeated eradication of
bedbugs if you fail to properly maintain your dwelling.2"
3[e.]f.3
The pamphlet shall contain a separate written statement
notifying the tenant that,
(1) upon termination of the lease and move out, the
owner may inspect the unit for the presence of bedbugs, and
(2) The presence of bedbugs in the unit may constitute
damages to the unit beyond normal wear and tear and actual
eradication costs may be itemized and deducted from the tenant's
security deposit pursuant to section of 3 of P.L.1971, c.223
(C.46:8-21.1).1
4. (New section) a. Every owner of a multiple dwelling
shall be responsible, at his own expense, for maintaining the
multiple dwelling free of
1[an
infestation]
the presence1
of bedbugs
1except
pursuant to section 7 of P.L. , c. (C. ) (pending
before the Legislature as this bill)1.
b.
1Any
tenant who has knowledge of the presence of bedbugs
2,
or who suspects the presence of bedbugs based on the presence of
characteristic bite marks,2
shall notify the owner in writing of the presence of bedbugs
in the dwelling unit.
c.1
Upon 1written1
notice
1[,
either oral or written,]1
from a tenant, or from the local board pursuant to R.S.26:3-49,
of 1[an
infestation]
the presence1
of bedbugs in any dwelling unit, an owner shall
1[immediately]1,
1within
10 days following
3that3
written notice
3[to
all affected tenants]3,1
at his own expense,
(1)
2[eradicate
the 1[infestation]
presence1of]
begin the process of eradicating2
bedbugs in the dwelling unit;
(2) ascertain
1[whether]
the presence of bedbugs in1
other dwelling units or common areas
1[are
infested with bedbugs]1;
and
(3)
1following
written notice to the tenants of those units where bedbugs are
present,1
eradicate any remaining
1[infestation]
presence of bedbugs1
in other dwelling units or common areas
1[c.
When an infestation of bedbugs is found to exist in two or more
dwelling units, or in a common area, the owner of the multiple
dwelling shall provide notice that there is a risk of an
infestation of multiple units to each occupant of the multiple
dwelling by causing written notice to be delivered to each
dwelling unit in the multiple dwelling.]
The provisions of this subsection to the contrary
notwithstanding, an owner shall, within seven days following
written notice to all affected tenants, at his own expense,
eradicate the presence of bedbugs in a dwelling unit leased,
occupied, or rented for seasonal use.
d. (1) When the owner of a multiple dwelling requires
access to a unit for purposes of ascertaining the presence of
bedbugs or eradicating the presence of bedbugs, the owner shall
provide at least 48 hours' notice to the tenants, in writing,
that the owner requires access for purposes of ascertaining
3or
eradicating3
the presence of bedbugs.
(2)
3Upon
reasonable notice pursuant to paragraph (1) of this subsection,
a tenant shall grant an owner access to the affected unit for
purposes of inspection or eradication.3
If the tenant, after receiving reasonable notice of an
inspection or eradication pursuant to this subsection,
interferes with, obstructs, or actively inhibits access to the
unit for purposes of a visual inspection for, or eradication of,
the presence of bedbugs, the owner shall not be liable to the
tenant of the unit for any damages relating to and arising from
the presence of bedbugs.1
5. (New section) a.
1[The
tenant]
If the owner does not act, within 10 days, pursuant to
section 4 of P.L. , c. (C. ) (pending before the
Legislature as this bill), the tenant1
may notify1,
in writing,1
the local board
1[and
the owner of a multiple dwelling]
or local health officer1
of any failure of the multiple dwelling to be kept in a
condition free of
1[an
infestation]
2[the presence1
of]2
bedbugs.
b. If, following
1written1
notice
1[,
either oral or written,]1
from a tenant, or from the local board pursuant to R.S.26:3-49,
1or
from the Department of Community Affairs, pursuant to an
inspection conducted pursuant to section 7 of P.L.1967, c.76
(C.55:13A-7)1
the owner of a multiple dwelling does not eradicate
1[an
infestation]
the
2[presence1
of]2
bedbugs pursuant to section 4 of P.L. , c. (C. )
(pending before the Legislature as this bill), the local health
officer shall act as an agent for the owner of a multiple
dwelling to
2[1immediately]2
inspect for the presence of bedbugs and, if required, to1
engage a
1[qualified
insect exterminator or insect management professional]
commercial pesticide applicator1
at a usual and customary price in the area to eradicate the
1[infestation]
2[presence1
of]2
bedbugs
2,
within 10 days following written notice to all affected
tenants,
as described in subsection c. of section
4 of P.L. , c. (C. ) (pending before the Legislature as
this bill)2.
c. Any
1[exterminator
or insect management professional]
commercial pesticide applicator1
who provides services to eradicate
1[an
infestation]
the presence of bedbugs1
in accordance with subsection a. of this section may bill the
owner of a multiple dwelling directly. The
1municipality
or a1
local board may adopt an ordinance, similar to an ordinance
adopted pursuant to section 6 of P.L.1962, c.66 (C.40:48-2.12f),
providing that the municipality shall pay the costs of
eradication of
1[an
infestation]
the presence1
of bedbugs, and that the costs shall be charged against the
multiple dwelling premises, and
2[shall]
may2
be a lien against the premises.
2In
the event that a landlord fails to pay the costs pursuant to
this section, the municipality or local board may serve written
notice of the failure to pay, and shall demand that the
deficiency be cured within 10 days. Judicial notice or hearing
shall be required to enforce the lien.2
The owner of the multiple dwelling shall reimburse the local
health officer or local board for the actual costs incurred for
any eradication of
1[an
infestation]
the presence1
of bedbugs.
16.
(New section) a. An owner shall visually inspect the unit no
more than 30 days prior to the date a new lease term commences
or a new tenant commences occupancy of a dwelling unit, except
for a dwelling unit rented, occupied, or leased for seasonal
use. The owner shall visually inspect any dwelling unit rented,
occupied, or leased for seasonal use that has been unoccupied
for 30 days or more prior to the date a new lease term commences
or a new tenant commences occupancy of a dwelling unit. The
owner shall include a provision in the lease certifying that the
owner has visually inspected the dwelling unit for the presence
of bedbugs.
b. An owner may visually inspect a dwelling unit for
evidence of the presence of bedbugs when an tenant terminates
occupancy of the unit. If the owner ascertains the presence of
bedbugs, of which the owner has not received notice pursuant to
section 4 of P.L. , c. (C. ) (pending before the
Legislature as this bill), the presence of bedbugs may
constitute damages to the unit beyond normal wear and tear, and
the owner may itemize and deduct from the tenant's security
deposit pursuant to section of 3 of P.L.1971, c.223
(C.46:8-21.1)
3,
provided that the landlord has complied with the procedures set
forth in subsection c. of section 3 of P.L. ,
c. (C. ) (pending before the Legislature as this bill)3.
c. The owner may also deduct from the security
deposit any costs for eradication services for which the tenant
is responsible pursuant to section 7 of P.L. , c. (C. )
(pending before the Legislature as this bill) and that are due
and owing to the landlord
3,
provided that the landlord has complied with the procedures set
forth in subsection c. of section 3 of P.L. , c. (C. )
(pending before the Legislature as this bill)3.1
17.
(New section) If repeated eradications are necessary due to the
tenant's failure to properly maintain the dwelling, the costs of
eradication may be charged to the tenant
3,
provided that the landlord has complied with the procedures set
forth in subsection c. of section 3 of P.L. , c. (C. )
(pending before the Legislature as this bill)3.1
1[6.]
8.1
(New section) a. Any owner of a multiple dwelling whose
negligence or failure to act results in action by the local
health officer pursuant to section 5 of P.L. , c.
(C. ) (pending before the Legislature as this bill)
shall be liable for a civil penalty of not more than $300 for
each affected dwelling unit and not more than $1000 for each
affected common area in the multiple dwelling. Such penalty
shall be
1[recoverable]
recovered1
by and in the name of the local board of health1,
if one exists. If no local board exists, the penalty shall be
paid into the treasury of the municipality in which the
violation occurred for the general uses of the municipality.
2[If
the violation is of a continuing nature, each day during which
it continues constitutes an additional, separate, and distinct
offense1]2.
b. The local board or local health officer may bring an
action in
1[any
court of competent jurisdiction to enforce]
a summary manner pursuant to the "Penalty Enforcement Law of
1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and the Rules
Governing the Courts of the State of New Jersey governing
actions for the collection of civil penalties, in the municipal
court or the Superior Court to recover1
a penalty imposed pursuant to subsection a. of this section.
The court is empowered to issue any appropriate injunctive
orders, and to authorize immediate collection of reimbursable
costs due the local board.
1[7.]
9.1
(New section) The commissioner, in consultation with the
Department of Community Affairs, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall
adopt rules and regulations to effectuate the purposes of this
act.
1[8.]
10.1
R.S.26:3-46 is amended to read as follows:
26:3-46. The local board, within its jurisdiction, shall
examine into and prohibit any nuisance, offensive matter, foul
or noxious odors, gases or vapors, water in which mosquito
larvae breed, and all causes of ill health or disease,
including bedbugs, which may be known to the board or
brought to its attention, which, in its opinion, are injurious
to the health of the inhabitants therein, and shall cause the
same to be removed and abated at the expense of the owner.
(cf: R.S.26:3-46)
1[9.]
11.1
R.S.26:3-49 is amended to read as follows:
26:3-49. Whenever any nuisance, noxious gases or vapors,
water in which mosquito larvae breed, or cause of ill health or
disease is found on private property, the local board shall
notify the owner to remove and abate the same, at his own
expense, within such time as the board may specify. A duplicate
of the notice shall be left with one or more of the tenants or
occupants. Whenever any infestation of bedbugs is found in a
multiple dwelling, the local board shall notify the owner to
eradicate the infestation, at his own expense, immediately.
If the owner resides out of the state or cannot be so
notified speedily, a notice left at the house or premises with
the tenant or occupant, or posted on the premises, shall
suffice.
In the event that an owner does not eradicate an
infestation of bedbugs immediately following notice pursuant to
this section, the local board of health is authorized to act as
an a agent for the landlord, pursuant to section 5 of P.L. ,
c. (C. ), for purposes of eradicating the infestation.
(cf: R.S.26:3-49)
1[10.]
12.1
R.S.26:3-54 is amended to read as follows:
26:3-54. The local board may recover, by a civil action,
the expenses incurred in such removal and abatement from any
person who shall have caused or allowed such nuisance, source of
foulness, water in which mosquito larvae breed, or cause of
sickness, hazardous to the public health to exist, or from any
owner, tenant, or occupant of premises who, after notice as
herein provided, shall fail to remove and abate the same within
the time specified in the notice. The local board may
recover, by a civil action, the expenses incurred in eradication
of an infestation of bedbugs, pursuant to section 5 of P.L. ,
c. (C. ), from the owner of a multiple dwelling who, after
notice, failed to eradicate the infestation of bedbugs.
(cf: P.L.1953, c.26, s.14)
113.
Section 7 of P.L.1967, c.76 (C.55:13A-7) is amended to read as
follows:
7. The commissioner shall issue and promulgate, in the
manner specified in section 8 of P.L.1967, c.76 (C.55:13A-8),
such regulations as the commissioner may deem necessary to
assure that any hotel or multiple dwelling will be maintained in
such manner as is consistent with, and will protect, the health,
safety and welfare of the occupants or intended occupants
thereof, or of the public generally.
Any such regulations issued and promulgated by the
commissioner pursuant to this section shall provide standards
and specifications for such maintenance materials, methods and
techniques, fire warning and extinguisher systems, elevator
systems, emergency egresses, and such other protective equipment
as the commissioner shall deem reasonably necessary to the
health, safety and welfare of the occupants or intended
occupants of any units of dwelling space in any hotel or
multiple dwelling, including but not limited to:
(a) Structural adequacy ratings;
(b) Methods of egress, including fire escapes, outside
fireproof stairways, independent stairways, and handrails,
railings, brackets, braces and landing platforms thereon,
additional stairways, and treads, winders, and risers thereof,
entrances and ramps;
(c) Bulkheads and scuttles, partitions, walls, ceilings
and floors;
(d) Garbage and refuse collection and disposal, cleaning
and janitorial services, repairs, and extermination services;
(e) Electrical wiring and outlets, and paints and the
composition thereof;
(f) Doors, and the manner of opening thereof;
(g) Transoms, windows, shafts and beams;
(h) Chimneys, flues and central heating units;
(i) Roofing and siding materials;
(j) Lots, yards, courts and garages, including the size
and location thereof;
(k) Intakes, open ducts, offsets and recesses;
(l) Windows, including the size and height thereof;
(m) Rooms, including the area and height thereof, and the
permissible number of occupants thereof;
(n) Stairwells, skylights and alcoves;
(o) Public halls, including the lighting and ventilation
thereof;
(p) Accessory passages to rooms;
(q) Cellars, drainage and air space;
(r) Water-closets, bathrooms and sinks;
(s) Water connections, including the provision of
drinking and hot and cold running water;
(t) Sewer connections, privies, cesspools, and private
sewers;
(u) Rain water and drainage conductors;
(v) Entrances and ramps;
[and]
(w) Presence of lead-based paint hazards in multiple
dwellings and in single-family and two-family dwellings,
exclusive of owner-occupied dwelling units, subject to P.L.2003,
c.311 (C.52:27D-437.1 et al.). In a common interest community,
any inspection fee for and violation found within a unit which
is solely related to this subsection shall be the responsibility
of the unit owner and not the homeowners' association, unless
the association is the owner of the unit; and
(x) Presence of bedbugs, as defined in section 2 of
P.L. , c. (C. ) (pending before the Legislature as
this bill), or the presence of other vermin and pests in
multiple dwellings.1
(cf:
P.L.2007, c.251, s.5)
1[11.]
14.1
This act shall take effect immediately.
