Attorneys Joe Maskovyak & Dmitri Hatzifotinos describe obligations of tenants and landlords in terms of bed bugs

1. 2015 Central Ohio2015 Central Ohio
Bed Bug Task Force SummitBed Bug Task Force Summit
BED BUG SEMINARBED BUG SEMINAR
Instructors:Instructors:
Dmitri HatzifotinosDmitri Hatzifotinos
Willis Law Firm, LLCWillis Law Firm, LLC
141 E. Town Street, Suite 200141 E. Town Street, Suite 200
Columbus, Ohio 43215Columbus, Ohio 43215
P. 614.324.0442P. 614.324.0442
F. 614.324.0460F. 614.324.0460
wwillis@willislawohio.comwwillis@willislawohio.com
www.willislawohio.comwww.willislawohio.com
Joe MaskovyakJoe Maskovyak
Coalition on Homelessness and Housing in Ohio (COHHIO)Coalition on Homelessness and Housing in Ohio (COHHIO)
175 S. Third Street175 S. Third Street
Columbus, Ohio 43215Columbus, Ohio 43215
P. 614.280-1984x33P. 614.280-1984x33
F. 614.463-1060F. 614.463-1060
joemaskovyak@cohhio.orgjoemaskovyak@cohhio.org
www.cohhio.orgwww.cohhio.org

2. § 5321.04§ 5321.04
Obligations of LandlordObligations of Landlord
(A)(A) A Landlord who is a party to a rentalA 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 applicableComply with the requirements of all applicable
building, housing, health, and safety codesbuilding, housing, health, and safety codes thatthat
materially affect health and safety;materially affect health and safety;
2.2. Make all repairs and do whatever is reasonablyMake 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 aKeep all common areas of the premises in a safesafe
and sanitary conditionand sanitary condition..

3. § 5321.05§ 5321.05
Obligations of TenantObligations of Tenant
(A)(A) A Tenant who is party to a rental agreement shallA Tenant who is party to a rental agreement shall
do alldo all of the following…of the following…
1.1. Keep that part of the premises that heKeep that part of the premises that he occupiesoccupies
and uses safe and sanitary;and uses safe and sanitary;
5.5. Comply with the requirements imposed inComply with the requirements imposed in
tenants by all applicable state and localtenants 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…

4. § 5321.06§ 5321.06
Rental Agreement TermsRental Agreement Terms
A Landlord and a Tenant may include in aA 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, theincluding any term relating to rent, the
duration of an agreement, and any otherduration of an agreement, and any other
provision governing the rights and obligationsprovision governing the rights and obligations
of the parties that are not inconsistent with orof the parties that are not inconsistent with or
prohibited by Chapter 5321.of the Revisedprohibited by Chapter 5321.of the Revised
Code or any other rule of law.Code or any other rule of law.

5. Title 45 HOUSING CODE OF THETitle 45 HOUSING CODE OF THE
COLUMBUS CITY CODESCOLUMBUS CITY CODES
 Article VII. General RegulationArticle VII. General Regulation
 Chapter 4551 RESPONSIBILITY OF OWNERS ANDChapter 4551 RESPONSIBILITY OF OWNERS AND
OCCUPANTSOCCUPANTS

6. 4551.01 Responsibility of Owner4551.01 Responsibility of Owner
Responsibilities of owners and occupants include, butResponsibilities 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 forThe owner is responsible for
elimination of any insects, rats, or other pests in aelimination of any insects, rats, or other pests in a
dwelling containing two (2) or more dwelling unitsdwelling containing two (2) or more dwelling units
and on the premises thereof. He is also responsibleand 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.

7. 4551.02 Responsibility of Occupant4551.02 Responsibility of Occupant
(f)(f) Pest Elimination.Pest Elimination. The occupant isThe occupant is
responsible for elimination of any insects, rats,responsible for elimination of any insects, rats,
or other pests within that part of the premisesor other pests within that part of the premises
occupied and controlled by him in a singleoccupied and controlled by him in a single
family dwelling or in a dwelling containingfamily dwelling or in a dwelling containing
two (2) or more dwelling units if his unit is thetwo (2) or more dwelling units if his unit is the
only one infested unless infestation of theonly one infested unless infestation of the
premises was caused by improper rat-proofing.premises was caused by improper rat-proofing.

8. International PropertyInternational Property
Maintenance CodeMaintenance Code
1307.01 STANDARDS AND ADOPTION OF1307.01 STANDARDS AND ADOPTION OF
CODE.CODE.
The International Property Maintenance Code, 2006The International Property Maintenance Code, 2006
edition, as published by the International Codeedition, as published by the International Code
Council, be and is hereby adopted as the PropertyCouncil, 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 andfor 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.)

9. IPMC Section 308 ExterminationIPMC Section 308 Extermination
308.01 Infestation.308.01 Infestation. All structures shall be keptAll structures shall be kept
free from insect and rodent infestation. Allfree from insect and rodent infestation. All
structures in which insects or rodents arestructures in which insects or rodents are
found shall be promptly exterminated byfound shall be promptly exterminated by
approved processes that will not be injuriousapproved processes that will not be injurious
to human health. After extermination, properto human health. After extermination, proper
precautions shall be taken to prevent re-precautions shall be taken to prevent re-
infestation.infestation.

10. IPMC Section 308 ExterminationIPMC Section 308 Extermination
308.2 Owner.308.2 Owner. The owner of any structureThe owner of any structure
shall be responsible for extermination withinshall be responsible for extermination within
the structure prior to renting or leasing thethe structure prior to renting or leasing the
structure.structure.

11. IPMC Section 308 ExterminationIPMC Section 308 Extermination
 308.3 Single Occupant.308.3 Single Occupant. The occupant of aThe occupant of a
one-family dwelling or of a single-tenantone-family dwelling or of a single-tenant
nonresidential structure shall be responsiblenonresidential structure shall be responsible
for extermination on the premises.for extermination on the premises.

12. IPMC Section 308 ExterminationIPMC Section 308 Extermination
 308.4 Multiple Occupancy.308.4 Multiple Occupancy. The owner of aThe owner of a
structure containing two or more dwellingstructure containing two or more dwelling
units, a multiple occupancy, a rooming houseunits, a multiple occupancy, a rooming house
or a nonresidential structure shall beor a nonresidential structure shall be
responsible for extermination in the public orresponsible for extermination in the public or
shared areas of the structure and exteriorshared areas of the structure and exterior
property. If infestation is caused by failure ofproperty. If infestation is caused by failure of
an occupant to prevent such infestations in thean occupant to prevent such infestations in the
area occupied, the occupant shall bearea occupied, the occupant shall be
responsible for extermination.responsible for extermination.

13. IPMC Section 308 ExterminationIPMC Section 308 Extermination
 308.5 Occupant.308.5 Occupant. The occupant of anyThe occupant of any
structure shall be responsible for the continuedstructure shall be responsible for the continued
rodent and pest-free condition of the structure.rodent and pest-free condition of the structure.

14. 5321.11 Failure Of Tenant To Fulfill5321.11 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 obligationIf the tenant fails to fulfill any obligation
imposed upon him by section 5321.05 of theimposed upon him by section 5321.05 of the
Revised Code that materially affects healthRevised Code that materially affects health
and safety…landlord may deliver writtenand safety…landlord may deliver written
notice, specifying acts or omissions…rentalnotice, specifying acts or omissions…rental
agreement will terminate 30 days…if theagreement will terminate 30 days…if the
tenant fails to remedy,tenant fails to remedy, “The rental agreement“The rental agreement
shall terminate”shall terminate”

15. 5321.075321.07
Notice 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 rentalimposed 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 iswhichever is soonersooner, and the tenant is current in rent,, and the tenant is current in rent,
the tenant may:the tenant may:
1. Escrow1. Escrow
2. Ask for Court order to reduce rent and/or use2. Ask for Court order to reduce rent and/or use
money to make repairmoney to make repair
3. Terminate the lease.3. Terminate the lease.

16. 5321.095321.09
Landlord application for release of rentLandlord application for release of rent
((A) A landlord who receives notice that rent due him has been depositedA) A landlord who receives notice that rent due him has been deposited
with a clerk of a municipal or county Court pursuant to section 5321.07with 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 in2. 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 thegiven pursuant to division (A) of section 5321.07 of the
Revised Code was the result of an act or omission of theRevised Code was the result of an act or omission of the
tenant, or that the tenant intentionally acted in bad faith intenant, or that the tenant intentionally acted in bad faith in
proceeding under section 5321.07 of the Revised Code, theproceeding under section 5321.07 of the Revised Code, the
tenant shall be liable for damages caused to the landlord andtenant 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.

17. Integrated Pest Management (IPM)Integrated Pest Management (IPM)
for Bed Bugsfor Bed Bugs
Integrated pest management (IPM) is the coordinatedIntegrated pest management (IPM) is the coordinated
use of information about pests, the environment, anduse of information about pests, the environment, and
evidence-based pest control methods to prevent andevidence-based pest control methods to prevent and
manage pest infestations. Pests need food, water, and amanage pest infestations. Pests need food, water, and a
place to hide. Take these away and you begin to solveplace to hide. Take these away and you begin to solve
the pest problem in a sustainable way.the pest problem in a sustainable way.

18. MULTIFAMILY INTEGRATEDMULTIFAMILY 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 BedDr. 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

19. MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATED
PEST 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 intoIncorporation of Integrated Pest Management Plan into
Lease/Rules/RegulationsLease/Rules/Regulations
 Tenant CertificationsTenant Certifications
 Carrots & SticksCarrots & Sticks

20. MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATED
PEST MANAGEMENT PLANPEST MANAGEMENT PLAN
 Tenant NoticeTenant Notice
 Preparations for TreatmentPreparations for Treatment
 Using theUsing the “right” pest control company“right” pest control company
 5321.115321.11

21. MULTIFAMILY INTEGRATEDMULTIFAMILY INTEGRATED
PEST MANAGEMENT PLANPEST MANAGEMENT PLAN
 Reasonable Accommodation PolicyReasonable Accommodation Policy
 Use of bed bug detection dogUse of bed bug detection dog
 Modifying localModifying local “set out” rules“set out” rules

22. HUD NOTICE H 2011-20HUD NOTICE H 2011-20
Guidelines on bed bugs applicable to allGuidelines 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 811HUD-held or Direct Loans, Section 202 or 811
Capital Advances, Project-Based RentalCapital Advances, Project-Based Rental
Assistance Contracts, and/or HUD USEAssistance Contracts, and/or HUD USE
AgreementsAgreements

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

24. HUD NoticeHUD Notice PIH-2012-17PIH-2012-17
Public Housing AgenciesPublic Housing Agencies

25. The ConundrumThe Conundrum
 TenantTenant’s side’s side
 LandlordLandlord’s side’s side

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

27. LANDLORDLANDLORD
 Anyone can get bed bugsAnyone can get bed bugs
 Not attracted by condition of apartment/ insectsNot attracted by condition of apartment/ insects
of convenienceof convenience
 Landlord cannot control-clothing, suitcases,Landlord cannot control-clothing, suitcases,
storage boxes, furniturestorage boxes, furniture
 TenantTenant’s failure to notify’s failure to notify
 Self treatmentSelf treatment
 TenantTenant’s failure to prepare for treatment’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

28. NegligenceNegligence
 Who is responsible for treatment and paymentWho 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

29. NegligenceNegligence
 Does not work so well with bed bugsDoes not work so well with bed bugs
 Health and sanitary condition irrelevantHealth and sanitary condition irrelevant
 Bed bugs travelBed bugs travel

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

31. ResourcesResources
Central Ohio Bed Bug Task ForceCentral Ohio Bed Bug Task Force
www.centralohiobedbugs.orgwww.centralohiobedbugs.org

32. Under contract to USDA and funded by HUD, the NEUnder contract to USDA and funded by HUD, the NE
Regional IPM Center at Cornell University issued aRegional IPM Center at Cornell University issued a
booklet titled,booklet titled, “Integrated Pest Management, A Guide“Integrated Pest Management, A Guide
for Affordable Housing.” This document is posted at:for Affordable Housing.” This document is posted at:
http://www.stoppests.org/what-is-ipm/guide/http://www.stoppests.org/what-is-ipm/guide/

33. Prevention and Safe RemovalPrevention and Safe Removal
of Bedbugsof Bedbugs
portal.hud.gov/huddoc/PIH2012-17-att.pdfportal.hud.gov/huddoc/PIH2012-17-att.pdf
Good SummaryGood Summary
Prevention Action Plan, Removal Action PlanPrevention Action Plan, Removal Action Plan
Additional ResourcesAdditional Resources