SB 456: RELATING TO BED BUGS.

A BILL FOR AN ACT

RELATING TO BED BUGS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that bed bugs, cimex lectularius, are bloodsucking insects that typically feed at night and hide in warm sheltered areas, such as bedrooms.  The United States Department of Agriculture, Environmental Protection Agency, and the Centers for Disease Control and Prevention consider bed bugs a public health pest.  According to these agencies, there is a resurgence in the population of bed bugs in the United States, which is likely associated with the increased resistance of bed bugs to available pesticides, increased domestic and international travel, lack of knowledge regarding bed bug control, and the decline or elimination of effective vector and pest control programs.  While bed bugs have not been shown to transmit disease, they can cause negative physical health, mental health, and economic consequences, including allergic reactions to bites, anxiety and insomnia, and use of financial resources to contain infestations.

     The legislature further finds that more than twenty states have laws or regulations specific to bed bugs.  Hawai‘i's landlord-tenant laws, however, do not explicitly address bed bugs.

     The purpose of this Act is to specify that a bed bug infestation is a violation of the implied warranty of habitability and require landlords to ensure that the dwelling unit premises is free of bed bugs at all times during the tenancy.

     SECTION 2.  Section 521-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The landlord shall at all times during the tenancy:

     (1)  Comply with all applicable building and housing laws materially affecting health and safety;

     (2)  Keep common areas of a multi-dwelling unit premises in a clean and safe condition;

     (3)  Make all repairs and arrangements necessary to put and keep the premises in a habitable condition;

     (4)  Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear;

     (5)  Ensure that the premises is free of bed bugs;

    [(5)] (6)  Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; and

    [(6)] (7)  Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.

     [Prior to] Before the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided.  Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant.  In an action arising under this section, the executed copy of the inventory shall be presumed to be correct.  If the landlord fails to make [such] an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Bed Bugs; Landlords; Tenancy

Description:

Requires landlords to ensure that the dwelling unit premises is free of bed bugs at all times during the tenancy.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BED BUGS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that bed bugs, cimex lectularius, are bloodsucking insects that typically feed at night and hide in warm sheltered areas, such as bedrooms.  The United States Department of Agriculture, Environmental Protection Agency, and the Centers for Disease Control and Prevention consider bed bugs a public health pest.  According to these agencies, there is a resurgence in the population of bed bugs in the United States, which is likely associated with the increased resistance of bed bugs to available pesticides, increased domestic and international travel, lack of knowledge regarding bed bug control, and the decline or elimination of effective vector and pest control programs.  While bed bugs have not been shown to transmit disease, they can cause negative physical health, mental health, and economic consequences, including allergic reactions to bites, anxiety and insomnia, and use of financial resources to contain infestations.

     The legislature further finds that more than twenty states have laws or regulations specific to bed bugs.  Hawai‘i's landlord-tenant laws, however, do not explicitly address bed bugs.

     The purpose of this Act is to prohibit landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation and establish procedures that landlords must take upon receiving notice of an actual or suspected bed bug infestation.

     SECTION 2.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§521-    Bed bugs; procedures and reporting.  (a)  Before renting a dwelling unit, if the landlord has notice of a suspected or actual bed bug infestation, a landlord shall visually inspect the dwelling unit for any evidence of the presence of bed bugs.  Evidence of bed bugs may be indicated by observation of a living bed bug; bed bug carapace; eggs or egg casings; or brownish or blood-colored spotting on linens, mattresses, or furniture.  If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have received notice.  A landlord shall not show or rent to a prospective tenant any dwelling unit that the landlord knows or reasonably suspects has a current bed bug infestation.  This section shall not require a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs before renting the dwelling unit if the landlord has not received notice of a suspected or actual bed bug infestation.

     (b)  Before renting a dwelling unit, a landlord shall disclose to a prospective tenant if the landlord has knowledge of an adjacent unit or units that are currently infested with bed bugs, are being treated for bed bugs, or have been treated for bed bugs within the previous thirty days.

     (c)  Upon notice from a person who finds or reasonably suspects a bed bug infestation in a dwelling unit or common area of the premises, the landlord shall, within five days of receipt of the notice:

     (1)  Acknowledge receipt of the notice of the suspected infestation; and

     (2)  Inspect, or obtain investigatory services from a pest control operator licensed pursuant to chapter 460J for, the dwelling unit or common area.

     (d)  Upon a determination of an infestation, the landlord shall, within seven days:

     (1)  Obtain and provide remedial services from a pest control operator licensed pursuant to chapter 460J;

     (2)  Inspect, or obtain investigatory services from a pest control operator for, any unit directly adjacent to or above or below the dwelling unit or common area from which the original notice came;

     (3)  Provide all tenants of units who may be affected by the bed bug infestation with notice of the infestation.  Electronic notice may be provided by electronic mail or by an electronic portal or management communication system that is available to both a landlord and a tenant.  Similar notice shall be provided to all tenants in connection with determinations made regarding a common area of the premises;

     (4)  Notify the department of health of the infestation and report any control measures taken, including any chemicals applied and other remedies provided; and

     (5)  Maintain a written record of all notices and control measures provided, including reports of the chemicals applied and other remedies provided, and any other reports or receipts prepared by the pest control operator, which shall be maintained for two years.

     (e)  Responsibility for cost of bed bug remediation shall be determined as follows:

     (1)  If a tenant notifies the landlord that the tenant discovered or reasonably suspects a bed bug infestation within the tenant's dwelling unit within sixty days after the commencement of the lease, or within thirty 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; and

     (2)  If a tenant notifies the landlord that the tenant discovered or reasonably suspects a bed bug infestation more than sixty days after the commencement of the lease, or more than thirty days after 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 the tenant shall equally share in the responsibility for the reasonable costs for remediating the infestation in the tenant's unit.

A tenant shall not be responsible for sharing in any costs for dwelling units controlled, owned, or managed by the Hawaii public housing authority or by a university or college in the State.

     (f)  A tenant shall not knowingly bring into the dwelling unit personal furnishings or belongings that are known or reasonably suspected to be infested with bed bugs.

     (g)  A tenant shall have the duty to notify a landlord of the suspected existence of bed bugs within the tenant's dwelling unit.

     (h)  As used in this section:

     "Bed bug infestation" means the presence of bed bugs.

     "Bed bug remediation" means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least sixty days.

     "Dwelling unit" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.  Notwithstanding section 521-7, "dwelling unit" includes:

     (1)  A public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program, or a structure on a property directly controlled, owned, or managed by the Hawaii public housing authority; and

     (2)  A residence in a structure directly controlled and managed by a university or college in the State for housing its students or faculty, a residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university, or a private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Bed Bugs; Landlords; Rental Dwelling Units; Infestations

Description:

Prohibits landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation.  Establishes procedures that landlords shall take upon receiving notice of an actual or suspected bed bug infestation.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 133

Honolulu, Hawaii

RE:    S.B. No. 456

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Housing, to which was referred S.B. No. 456 entitled:

"A BILL FOR AN ACT RELATING TO BED BUGS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Prohibit landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation; and 

     (2)  Establish procedures that landlords shall take upon receiving notice of an actual or suspected bed bug infestation.

     Your Committee received testimony in opposition to this measure from the University of Hawaiʻi System and one individual.

     Your Committee received comments on this measure from the Department of the Attorney General, Hawaii Public Housing Authority, Hawaii Pest Control Association, and Hawaiʻi Association of REALTORS.

     Your Committee finds that there has been a resurgence in the population of bed bugs in the United States.  While bed bugs have not been shown to transmit disease, they can cause negative physical health, mental health, and economic consequences, including allergic reactions to bites, anxiety and insomnia, and the expenditure of financial resources to contain infestations.  More than twenty states have laws or regulations specific to bed bugs.  However, Hawaii's landlord-tenant laws do not explicitly address bed bugs.  This measure ensures the maintenance of safe and sanitary rental dwelling units for healthier communities statewide.

     Your Committee further notes that, according to testimony received by your Committee, there have been no reports of widespread bed bug infestations in certain dorm settings, and the Hawaii Public Housing Authority has standard operating procedures with regard to ensuring a unit is free and clear of bed bugs before the unit is provided to a new tenant.  Furthermore, bed bugs are a community issue, as tenants may inadvertently introduce infestations into the dwelling unit.  Placing the onus solely on landlords may be impractical, as cooperation and communication between landlords and tenants is critical to eradicating the presence of bed bugs.  Additionally, the structure of this measure is overly complicated and may cause confusion and further legal disputes between tenants and landlords.  Accordingly, specifying that a bed bug infestation is a violation of the implied warranty of habitability would more simply address the intent of this measure and extend necessary remedies. 

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language that would have established a new section in chapter 521, Hawaii Revised Statutes to:

          (A)  Prohibit landlords, including those operating in public housing and educational dorm settings, from renting a dwelling unit that the landlord knows has a current bed bug infestation; and

          (B)  Establish procedures that landlords shall take upon receiving notice of an actual or suspected bed bug infestation;

     (2)  Inserting language that requires a landlord to ensure the premises is free of bed bugs at all times during the tenancy;

     (3)  Amending section 1 to reflect its amended purpose; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 456, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 456, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Housing,