The phrase “Don’t let the bed bugs bite” is mostly used in a lighthearted and joyous way, but bed bugs are a real concern. Bedbugs continue to raise their filthy little heads in all kinds of properties, from luxury lodges to affordable accommodations. Affordable housing supervisors are always concerned regarding what they can and can’t expect residents regarding bed bug treatments. Affordable housing developments without particular central management regulations should usually follow state regulation and the requirements of firms providing funding. For instance, LIHTC (Low-Income Housing Tax Credit) properties would follow the guidelines of the Housing Finance Agency that bestowed the credits, along with the state tenant/landlord laws. However, properties with direct HUD assistance, like project-based Section 8 properties, have HUD guidelines that must be followed.
New HUD Bed Bug Guidance
The primary HUD guidance regarding the bed bugs is found in HUD Notice H2012-5. The Notice backed away from the prior position of HUD that strictly restrained both charging tenants for damage associated with bed bugs and the termination of possession of non-compliant tenants. The HUD’s Notice H 2012-5 stated, “All owners (of assisted and unassisted properties) may pursue remedies provided in the lease agreement and accordance with state and local rental law. Assisted owners must follow additional guidelines including occupancy requirements for assisted housing and must adhere to all HUD and state and local landlord/tenant laws before taking action to deny tenancy or remove residents for causes related to infestations.”
HUD does not especially prohibit landlords from charging residents for bed bug extermination, but the method must be described in various documents like the TSP (Tenant Selection Plan), IPM (Integrated Pest Management) Plans, and house rules. In early 2019, HUD issued a notice, “Clarification to Housing Notice H 2012-5 Guidelines on Addressing Infestations in HUD Insured and Assisted Multifamily Housing”, clarifying items in which HUD stressed the following:
- Any postscript to the HUD Model Lease needs HUD approval. As the lease needs the owner to provide certain extermination assistance, lease language shifting the expense to the resident will be disproved, unless the landlord can show that the bed bug infestation was caused by negligence or carelessness on the part of the tenant.
- While accommodation rules do not need HUD permission, placing the inspection burden on tenants would not be considered a tolerable rule unless the authority has an institutional program to help tenants recognize and understand the significance of prevention and reporting.
Final Words
Based on the HUD Notice H2012-5 guidance, owners/agents should not establish policies claiming that tenants bear the expense of bed bug eradication. However, tenants may be asked to cover expenses associated with bedbug infestation if they decline to cooperate with an IPM Plan or interfere with or fail to allow necessary inspections and procedures.
To know more about HUD’s Notice H 2012-5, attend the Compliance Prime webinar.
