Got bed bugs? Bedbugger.com » L. Grace Spencer

Status of New Jersey bed bug extermination bill A3203: so far so good

nobugsonme — Tue, 09 Dec 2008 19:33:40 +0000

We now have a status update on the bill in the New Jersey Assembly which would make landlords entirely responsible for eradicating bed bugs in rental properties.

According to PolitickerNJ.com,

The Assembly Housing and Local Government Committee released the measure 5- 0 with one abstention. It now heads to the Assembly Speaker, who decides if and when to post it for a floor vote.

A3203, sponsored by Assembly Members Quigley, Spencer, and Smith, would change the situation in New Jersey. State Laws currently require landlords to pay for treatment, but they can — and often do — turn around and pass those costs on to tenants.

Jersey City recently passed an ordinance which (in my opinion) does not improve matters: it requires landlords to pay for two, and only two, bed bug treatments. If the bed bug infestation persists, tenants have to pay to get rid of the problem. This is unfair because the problem may persist for various reasons besides the tenants’ negligence (inadequate treatment, bed bugs coming from other units, etc.)

Requiring tenants to pay for bed bug treatment — either initially, or after the second treatment — does not work on a practical level. First, many tenants may not notice they have a bed bug problem, since many (if not most) do not react to bed bug bites. Secondly, those who do notice a problem may not be able to pay for treatment. They may ignore the problem or move out. These actions can cause other tenants to become infested, and they may make similar choices. In the end, the landlord may be left with a severely infested property.

When landlords are only required to treat twice, as in Jersey City, there’s no incentive to find a pest control operator who can eliminate the problem in two visits. Doing so can be difficult at the best of times, and is even more difficult if tenants are uncooperative or if multiple units are infested.

In short, the current New Jersey laws are lousy for tenants and landlords, who may end up with chronically infested buildings. Homeowners suffer as well: if more people in your area have bed bugs, your chances of picking them up somewhere increase too.

The legislation (A-3203) would make building owners entirely responsible for maintaining dwellings that are free of bedbug infestations. Under the bill, if and when a bedbug outbreak occurs, landlords would be required to exterminate the pests at their own expense.

Landlords who do not take action when an infestation is reported would face fines of $300 per infested apartment and $1,000 per infested common area. Moreover, local boards of health would be empowered to conduct exterminations and bill unresponsive landlords.

I recognize that paying for bed bug treatments causes landlords hardship, but I do believe that the current situation (which more or less encourages tenants to ignore bed bug problems until they spread throughout the building) is bad for landlords as well as tenants.

I also strongly feel landlords should demand government assistance if bed bug treatments create hardship. If we can give disaster assistance to property owners who are the victims of natural disasters like hurricanes and tornados, why not help those who are the victims of a bed bug epidemic?

The measure also would require annual inspections of all multi-unit dwellings in the state for bedbug infestations and would require the state Department of Health and Senior Services to create and distribute an informational pamphlet to educate the public about bedbugs.

This is good news. Education is the first step in avoiding bed bugs, recognizing them, and helping prevent their spread. (This is good for everyone: landlords and tenants alike.)

If you’re in New Jersey, please contact your State Assembly member and ask them to support this bill. (You can find Assembly Members via this website; keep in mind Senators and Assembly Members are included together.) And you might also contact the Speaker of the Assembly, asking they put it up for a vote ASAP.Similar Posts:

More on New Jersey General Assembly bed bug legislation: A-3203

nobugsonme — Wed, 17 Sep 2008 04:15:59 +0000

New Jersey Assembly members Joan M. Quigley, L. Grace Spencer, and L. Harvey Smith introduced legislation (A-3203) on Monday which would make New Jersey landlords wholly responsible for eliminating bed bugs from rented accommodation.

The bill has been referred to the Assembly Health and Senior Services Committee for a hearing.

Here’s a video of Joan M. Quigley, Major Conference Leader, New Jersey General Assembly (D-Hudson) talking about the proposed legislation.

We first heard about this proposal back in July.

Although landlords in New Jersey are currently charged with treating for bed bugs, the law does not prohibit them passing on the costs to tenants, which many do. This system is a bad idea: if tenants know they will have to pay for treatment, they are less likely to report bed bugs to the landlord. This helps the problem spread to others.

And the legislation has teeth:

(6.) Any owner of a multiple dwelling whose negligence or failure to act results in action by the local health officer … 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 recoverable by and in the name of the local board of health.

And the proposed legislation also calls for a modest educational campaign.

According to PolitickerNJ:

The measure also would require the state Department of Health and Senior Services to create and distribute an informational pamphlet to educate the public about bedbugs.

“Making sure that renters are able to live pest free is only one part of the equation,” said Smith (D-Hudson). “We also must work to educate the public about bedbugs to prevent future infestations from reaching epidemic proportions.”

Last week we heard city council members in Jersey City are pushing to make landlords pay for one bed bug treatment and one follow-up per year; however, this is a bad idea, since bed bugs often take multiple treatments. Such a system is bound to help the spread of the problem.

And to head off the usual “you’re anti-landlord!” sentiment: you’re barking up the wrong tree. I think landlords and other homeowners need to demand assistance from the government to help them pay for bed bug treatment. Bed bugs are not termites, ants, or cockroaches.

No one who bought a home or building ten years ago had even heard of them. They’re more like a tornado, hurricane, or other natural disaster touching down (lightly, but repeatedly and destructively). And they’re contagious, in that you can catch them on a bus, or from a friend. You don’t have to do anything negligent to get them.

So no, I am not anti-landlord. But I know what tenants who can’t afford treatment will do if they are left with the choice of paying for treatment or putting up with bed bugs / trying to self-treat / moving away from the problem. And none of those alternative actions help landlords or fellow tenants.

You can read the proposed legislation here, or download a PDF here.
Similar Posts:

New Jersey legislators pushing to make landlords pay for bed bug treatment

nobugsonme — Wed, 30 Jul 2008 06:59:45 +0000

As we’ve noted recently, New Jersey’s Warranty of Habitability laws currently state that landlords of buildings with three or more apartments have to pay for their tenants’ bed bug treatment. But the laws don’t prohibit landlords from passing on the costs to tenants.

The real problem with this is that it means some folks may not get the bed bug treatment they need, when they need it. And if your neighbor passes up bed bug treatment, it can mean you get bed bugs.

A recent infestation at the Grandview Terrace, a moderate-income building for seniors and those with disabilities in Jersey City, drove this point home: when tenants are asked to pay the costs of bed bug treatment, and can’t afford it, or feel they can’t afford it, they go without. And the bed bugs continue to multiply and spread. And that isn’t good for tenants or landlords.

Some Grandview Terrace residents have had bed bugs for three years. Imagine if that was your grandmother, your disabled brother, or you yourself suffering from bed bug bites for three years straight.

According to the Jersey Journal, some local legislators are determined to change this legal loophole:

Hudson County Democratic Assembly members Joan Quigley and L. Harvey Smith, along with state Sens. Brian Stack and L. Grace Spencer, D-Newark, announced last week that they are preparing legislation for the fall that would make the bedbug buck stop with landlords.

Apparently, at least one Grandview Terrace resident was lobbying lawmakers for such a change:

“I can’t tell you how happy I am,” said Grandview Terrace resident William Dorrity, who began lobbying state and local officials for the legislation after paying $300 for an exterminator. “The only reason (landlords) are getting away with it is because they’re exploiting a loophole in the law.”

On the other hand, I am also sympathetic to landlords who feel they also cannot afford to pay for bed bug treatment. This epidemic hits landlords hard, as well as tenants and homeowners.

The Jersey Journal suggests landlords just want those who are “responsible” for the introduction of bed bugs, or for not cooperating with treatment, to be charged:

Building owners would like to retain the right to charge tenants in certain cases, such as those who reintroduce an infestation or are uncooperative during the extermination process, he said.

This may not sound entirely unreasonable to those who don’t know bed bugs well, but it is extremely difficult to pinpoint the exact cause of a building’s infestation. (It’s part of what we call “the bed bug blame game”.) It isn’t easy to say who introduced or reintroduced bed bugs. But one thing’s for certain: blaming (and charging) the first person to complain about bed bugs means that tenants simply won’t mention the problem, for fear of being the one blamed.

The bottom line is that prompt, thorough treatment is going to cost less than delayed treatment, or treatment which misses some units. Everyone with bed bugs must get swift treatment. Ultimately, if those legally burdened with paying for treatment are unable to pay (whether they’re tenants, landlords, or homeowners), they may need to lobby the government for assistance.

That statement will send our libertarian friends up in arms! However, if as many were afflicted with floods or tornadoes causing costly damage as are currently hit by the bed bug “natural disaster,” surely we’d see some government assistance flooding in.

The Grandview’s William Dorrity and New York vs. Bed Bugs have the right idea: if you need help, tell your elected officials.

If you’re in the States, find your US Senator, US Representatives, Governor, State Senators, and State Representatives with one single click here! Google your mayor and city council. Wherever you are, chances are you can google your way to an email form or phone number for your city, state or provincial, and national lawmakers.
Similar Posts: