Section 42-3551.02 - Rights and responsibilities of housing providers and tenants [Not Funded.](a) A housing provider shall keep his or her rental property free from bedbugs and shall not offer for rent a dwelling unit to a prospective tenant that the housing provider knows or reasonably should know contains bedbugs.(b) Prior to the signing of a lease for a dwelling unit by a tenant, the housing provider shall provide the prospective tenant with notice, on a form promulgated by the Department, of any bedbug infestation in the building within the previous 120 days. The housing provider shall use the form to provide the prospective tenant with the following information for the previous 120 days: (1) The history of any bedbug infestation in any dwelling unit within the building that has been the subject of eradication, including the floor where the dwelling unit is located;(2) The history of any bedbug infestation in any dwelling unit within the building that has not been the subject of eradication, including the floor where the dwelling unit is located; and(3) Whether the dwelling unit to be leased previously had a bedbug infestation and whether eradication occurred.(c)(1) Within 5 days after a tenant finds or reasonably suspects a bed bug infestation in the tenant's dwelling unit or a common area of the building, the tenant should notify the housing provider.(2) A tenant's failure to notify a housing provider pursuant to paragraph (1) of this subsection shall not constitute grounds to deny a tenant's request for inspection or eradication of bedbugs by a pest control professional or for a housing provider to recover possession of the dwelling unit.(d) Upon notification by a tenant pursuant to subsection (c) of this section, the housing provider shall:(1) Acknowledge the complaint within 5 calendar days of notification;(2) Obtain services from a pest control professional within 10 calendar days of notification;(3) Schedule inspections or eradication measures at a reasonable time for any affected tenants;(4)(A) Provide the affected tenants with reasonable notice of inspections or eradication measures, which shall include the specific date and approximate time of an inspection or any eradication measures.(B) If the housing provider knows that the tenant primarily speaks a language other than English, the housing provider shall provide the notice in that language and in English;(5) Upon a determination of an infestation by a pest control professional, provide eradication measures until such time as the pest control professional determines that no evidence of bedbugs can be found in the dwelling unit;(6)(A) Implement bedbug monitoring services in any affected units for a period of 12 months after a pest control professional determines that no evidence of bedbugs can be found in the unit.(B) If the unit is leased to a new tenant during the monitoring period, the housing provider must fully explain the monitoring activities to the new tenant and continue monitoring during such period;(C) If a reinfestation that requires a pest control professional to conduct new eradication measures occurs in an affected unit within the 12-month monitoring period prescribed in subparagraph (A) of this paragraph, the 12-month monitoring period shall start over; and(7) Maintain a written record of complaints and eradication measures, including reports provided by pest management professionals, for 2 years. Upon request by a prospective tenant or the current tenant of a unit that has been subject to inspection or eradication measures by a pest control professional, the housing provider shall provide a copy of any reports provided by the pest control professional for that dwelling unit within 5 business days of receiving the request.(e) Upon receiving reasonable notice from a housing provider pursuant to subsection (d)(4) of this section, a tenant shall: (1) Grant the housing provider and pest control professional access to the unit at a reasonable time for purposes of an inspection or eradication measures;(2) Carry out reasonable preparatory measures necessary for inspection or eradication; provided, that if the tenant is unable to comply with any preparatory measures due to a disability or physical limitation, the tenant may seek assistance from the housing provider, who shall reasonably accommodate the tenant's needs; and(3) Cooperate with reasonable recommendations made by the pest control professional.(f)(1) Except as provided in paragraph (2) of this subsection, a housing provider shall be responsible for all costs associated with inspection for and eradication of bedbugs.(2)(A) The costs associated with inspections or eradication measures may be charged to the tenant when:(i) The tenant knowingly interferes with, obstructs, or actively hinders inspection for, or treatment to eradicate the presence of, bedbugs in the dwelling unit; or(ii) Repeated eradications are necessary due to the tenant's failure to properly maintain the dwelling unit.(B) When a tenant's action under subparagraph (A) of this paragraph results in the infestation of adjacent or adjoining units, as determined by a pest control professional, the housing provider may charge the tenant for the cost of inspections and eradication measures in the adjacent or adjoining units.(3) If a housing provider charges a tenant for the cost of inspections or eradication measures pursuant to paragraph (2) of this subsection, the housing provider shall provide the tenant with:(A) An itemized receipt of the charges, including the name and contact information of the pest control professional, a description of the services for which the tenant is being charged, and the dates on which the charges were incurred by the housing provider; and(B) A written notice describing:(i) The specific instances, including approximate dates and times, in which the tenant knowingly interfered with, obstructed, or actively hindered inspection for, or eradication of, bedbugs in the dwelling unit;(ii) Evidence of the conditions of the tenant's dwelling unit, caused by the tenant's failure to properly maintain the unit, which made repeated eradications necessary; or(iii) Evidence of the presence of bedbugs during a visual inspection of the unit by the housing provider and the tenant after the tenant terminates his or her occupancy and evidence that demonstrates a lack of notice from the tenant.(C) The notice provided pursuant to subparagraph (B) of this paragraph shall also include: (i) Language that offers the tenant an opportunity to pay any charges through a payment plan over the remainder of the tenant's lease, or over a period agreed to by both parties in writing; and(ii) The physical address, web address, and phone number of the Department.(D) If the housing provider knows that the tenant primarily speaks a language other than English, the housing provider shall provide the itemized receipt and notice required by subparagraphs (A) and (B) of this paragraph in that language and in English.(g)(1) When a tenant knowingly interferes with, obstructs, or actively hinders inspection for, or treatment to eradicate the presence of, bedbugs in the dwelling unit, or fails to pay charges levied against him or her pursuant to subsection (f)(2) of this section, a housing provider shall be entitled to terminate the tenant's lease agreement for violating an obligation of tenancy.(2) Lease agreements shall contain a provision acknowledging that a housing provider may terminate a lease agreement pursuant to paragraph (1) of this subsection; provided, that this requirement shall not apply to leases executed prior to March 31, 2023.(3) Upon termination of a lease agreement pursuant to paragraph (1) of this subsection, a housing provider shall provide a tenant with a notice that contains information required by subsection (f)(3)(B) of this section.(h)(1) A tenant may file a complaint with the Department when a housing provider violates subsections (b) or (d) of this section. Complaints filed by a tenant shall be processed by the Department pursuant to section 5(a).(2) Housing providers shall have 15 days from the receipt of a notice of infraction issued by the Department pursuant to section 5(a)(2)(B) to file an appeal with the Office of Administrative Hearings.Added by D.C. Law 24-238,§ 3, 69 DCR 014738, eff. 2/23/2023.