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Help! San Francisco Bed Bug law?

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xkatrix

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Posted 2 years ago
Fri Jan 21 2011 15:22:49
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Hi, I'm new to the forum and in need of some serious insider info. I live in SF in a large apartment complex, and over the last few months we've turned up some bites. We finally found some live ones and.. yeah, our luck -- bed bugs!

We informed our landlord and they had Terminex sweep in and do an inspection, and now have told us that the costs of the beg bug extermination treatments are supposed to be paid by us. I know under general Cali law that the landlord is responsible for keeping things "habitable," but someone told me they thought San Francisco in particular had laws (as opposed to just guidelines) that said the landlord is responsible for pest control like bed bugs.

Does anyone know if this law exists, and where it might be cited online?
Scope1200

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Posted 5 months ago
Mon Dec 10 2012 2:22:22
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Hi. I am in a similar situation. Did you find the law?
bedbugsuptown

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Posted 5 months ago
Mon Dec 10 2012 3:04:04
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HI xkatrix

Found this on the web-http://www.bed-bugs-handbook.com/Bed-Bugs-San-Francisco.html

a small portion:
Landlord tenant rights are governed at the State level in California. Because of this, landlord and tenant issues are usually left to the State Attorney Generals office for resolution. That said, certain cities such as San Francisco are passing laws to protect tenants. Specifically, there is an ordinance in San Francisco which states that

The portion that I highlighted with bold type indicates that the laws is subject to interpretation.
See if you can find and advocacy group or board on the local level.

Of course there is more on the Internet. This is from what looked promising from my brief search.
Good luck, your not alone. This site is full of information. Take a look at the FAQ's
bedbugsuptown

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Posted 5 months ago
Mon Dec 10 2012 3:25:46
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Tried to post the URL for a site that appears to be issued by the gov't. One portion states that San Francisco tenant guidelines are dictated by the state attorney, something like that.

It also said that the law, tenant vs. landlord in regard to bed bugs is open to interpretation;
Seems landlords try to prove that the tenant brought them in and is therefore not responsible.

Your not alone. Others here should be chiming in that know more than I. Your should read the FAQ's and perhaps see if you can find a local agency that advocates for tenants with bed bugs.
Nobugsonme

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Posted 5 months ago
Mon Dec 10 2012 15:49:03
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You're lucky in that San Francisco seems pretty clued in about bed bugs.

This is the link you need:
http://sfdph.org/dph/eh/housing/bedbugs.asp

It explains the landlord and tenants both have responsibilities:

In 2006, the Department of Public Health adopted rules and regulations for bed bug management that clarify the responsibilities of owners and managers, tenants, and pest control companies. Property owners or managers must respond to tenant bed bugs complaints by securing the services of a licensed pest control operator to investigate the concern, and conduct appropriate treatment. Bed bug control also requires the cooperation of tenants to provide access to dwellings and wash clothing and bedding. Once treatment is initiated, bed bug eradication may require up to 30 days or more.

This document explains how the Directors Rules and Regulations for Prevention and Contol of Bed Bugs (effective July 2012) are enforced:

http://sfdph.org/dph/files/EHSdocs/Vector/BedBug/BedBugRegs_070112.pdf

It notes,

Maintaining properties free of unwanted pests, including bed bugs, has
been a long-standing responsibility and legal obligation of all California
and San Francisco property owners [Implied Warrant of Habitability,
Green v. Superior Court (1974) 10 Cal.3d 616 [111 Cal. Rptr.704] and San
Francisco Health Code Article 11 Section 581(b)(8)]. All property owners,
whether they operate apartments, hotels or other housing, are
responsible for maintaining properties habitable and free of all public
health nuisances regardless of their source. In regards to bed bugs, the
property owner must prevent pest entry points within their control, and must also provide timely and professional investigation in response to tenant reports of suspected bed bug infestation as well as follow up treatment subsequent to verification of infestation. Tenants have an equally important role in preventing and eradicating bed bugs, as tenants can inadvertently bring bed bugs to the site or transport them to a new site, because bed bugs can reside in items that are in the tenant’s control, such as clothing, personal belongings and furnishings.

Here's how to complain to SF public health if your landlord isn't doing their part:

http://sfdph.org/dph/eh/Complaints2EH/default.asp

I am not a housing expert or a lawyer. However, I read all this as suggesting that landlords in SF do have to pay for professional treatment and eliminate the problem. There may be cases where tenants are considered uncooperative and so they can get forced to take action.

I suspect that applies to particular cases -- we've all heard of the tenant who doesn't want treatment because s/he doesn't think bed bugs are a big deal. Or the tenant whose job exposes them to bed bugs regularly and who needs to take some kind of precautions because s/he keeps bringing them in. I personally doubt the dept of public health is going to go along with the "tenant brought them in" line in most cases. These documents don't suggest that they would.