THE SENATE	S.B. NO.	456
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BED BUGS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that bed bugs, cimex lectularius, are bloodsucking insects that typically feed at night and hide in warm sheltered areas, such as bedrooms. The United States Department of Agriculture, Environmental Protection Agency, and the Centers for Disease Control and Prevention consider bed bugs a public health pest. According to these agencies, there is a resurgence in the population of bed bugs in the United States, which is likely associated with the increased resistance of bed bugs to available pesticides, increased domestic and international travel, lack of knowledge regarding bed bug control, and the decline or elimination of effective vector and pest control programs. While bed bugs have not been shown to transmit disease, they can cause negative physical health, mental health, and economic consequences, including allergic reactions to bites, anxiety and insomnia, and use of financial resources to contain infestations.

The legislature further finds that more than twenty states have laws or regulations specific to bed bugs. Hawai‘i's landlord-tenant laws, however, do not explicitly address bed bugs.

The purpose of this Act is to specify that a bed bug infestation is a violation of the implied warranty of habitability and require landlords to ensure that the dwelling unit premises is free of bed bugs at all times during the tenancy.

SECTION 2. Section 521-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The landlord shall at all times during the tenancy:

(1) Comply with all applicable building and housing laws materially affecting health and safety;

(2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition;

(3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition;

(4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear;

(5) Ensure that the premises is free of bed bugs;

[(5)] (6) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; and

[(6)] (7) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.

[Prior to] Before the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make [such] an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

Report Title:

Bed Bugs; Landlords; Tenancy

Description:

Requires landlords to ensure that the dwelling unit premises is free of bed bugs at all times during the tenancy. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.