The U.S. Department of Housing and Urban Development (HUD) has recently issued guidelines on how to prevent and control bed bug infestations for HUD-insured and HUD-assisted multifamily housing properties.
The U.S. Department of Housing and Urban Development (HUD) has recently issued guidelines on how to prevent and control bed bug infestations for HUD-insured and HUD-assisted multifamily housing properties. The guidelines outline the rights and responsibilities of HUD, apartment owners and managers and residents. They also identify best practices under an integrated pest management (IPM) plan.
Among the key provisions, owners and managers:
• Cannot deny tenancy to applicants who had a previous bed bug infestation.
• Can voluntarily offer to inspect a resident’s furniture and require non-chemical treatment upon the resident’s move-in.
• Can offer, but cannot require inspection or non-chemical treatment of used furniture added after move-in or non-chemical treatment of unpacked luggage when residents return from a trip.
• Are required to contact residents within 24 hours of the resident’s report of possible infestation, and, where possible, inspect units within three calendar days of the reports and begin treatments within five days.
• Cannot charge residents to cover the cost of treatments.
• Are not required to reimburse residents for related expenses, such as buying new furniture or clothing or hiring cleaning services (although residents can seek redress through the courts or under statutory authorities).
• Are not required to relocate residents temporarily unless treatments made the apartments uninhabitable.
NAA and NMHC have submitted a comment letter and requested a meeting with HUD to clarify several issues including:
• Inspections and treatments. What is the distinction between allowing owners and managers to inspect and treat furniture at move-in, but not when used furniture is brought into units later?
• Treatment cost recovery. The guidelines suggest possible treatment reimbursement. On what basis will HUD honor requests from replacement reserves? What is HUD’s plan to handle instances where no reserves are available and owners are unable to make advances? What are HUD’s criteria for permitting an increased pest control line item in the properties’ operating budgets?
• Residents. What is an owner or manager’s recourse if residents refuse to cooperate with treatments or do not comply with the properties’ IPM? Are residents only expected to comply with heat treatments (the only form the guidelines identify)? What remedies are available to the owner/manager when a resident is repeatedly the source of an infestation?
• Leasing documents. What are processes and timelines for approving leasing forms or resolving conflicts between leasing forms and these guidelines?
NAA will provide updates as information becomes available at
www.naahq.org/governmentaffairs. This link also includes HUD’s guidelines and NAA/NMHC’s comment letter.