2011 Central Ohio2011 Central OhioBed Bug Task Force SummitBed Bug Task Force Summit

BED BUG SEMINARBED BUG SEMINARInstructors:Instructors:

Bill Willis Bill Willis 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

Paul G. WilkinsPaul G. WilkinsSupervising Attorney, OSU Legal ClinicSupervising Attorney, OSU Legal Clinic

33 West 1133 West 11thth Avenue, Suite 209 Avenue, Suite 209Columbus, Ohio 43210Columbus, Ohio 43210

P. 614-247-5853P. 614-247-5853wilkins.10@osu.edu

§ 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 building, Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect housing, health, and safety codes that materially affect

health health and safety;and safety;

2.2. Make all repairs and do whatever is reasonably necessary Make all repairs and do whatever is reasonably necessary to to put and keep the premises;put and keep the premises;

3.3. Keep all common areas of the premises in a safe and Keep all common areas of the premises in a safe and sanitary sanitary condition.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 proofing of the premises.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.

Dayton Municipal Code 93.46(B)Dayton Municipal Code 93.46(B)

Every owner of a dwelling shall be responsible Every owner of a dwelling shall be responsible for:for:

-- The extermination of insects, rodents or The extermination of insects, rodents or other pests except that if there are two or more other pests except that if there are two or more dwelling units in a dwelling and only one dwelling units in a dwelling and only one dwelling is infested, the occupant of such dwelling is infested, the occupant of such infested dwelling unit shall be responsible for infested dwelling unit shall be responsible for the extermination therein.the extermination therein.

TROY, OHIOTROY, OHIO

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, “The rental agreement tenant fails to remedy, “The rental agreement shall terminate”shall 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: 11 EscrowEscrow 22 Ask for Court order to reduce rent and/or Ask for Court order to reduce rent and/or

use use money to make repairmoney to make repair 3. 3. Terminate the lease.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 their 2. Tenant did not provide 5321.07 notice or was not current in their

rent…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 to landlord…(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 (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 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 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 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 Code, the tenant shall be liable for damages caused to the landlord and costs, together with reasonable attorney’s fees if the tenant intentionally costs, together with reasonable attorney’s fees if the tenant intentionally acted in bad faith.acted in bad faith.

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

The ConundrumThe Conundrum

Tenant’s sideTenant’s side

Landlord’s sideLandlord’s 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 (physical/mental/economic)Difficulty preparing for treatment (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 boxes, Landlord cannot control-clothing, suitcases, storage boxes,

furniturefurniture Tenant’s failure to notifyTenant’s failure to notify Self treatmentSelf treatment Tenant’s failure to prepare for treatmentTenant’s 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