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Arizona Statutes Related to Bed Bug Activity
Sec. 3. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1319, to read:
A. A LANDLORD HAS THE FOLLOWING OBLIGATIONS WITH RESPECT TO A BEDBUG INFESTATION:
1. AS A PORTION OF ITS OBLIGATIONS UNDER SECTION 33-1324, THE LANDLORD SHALL MAINTAIN THE DWELLING UNIT FREE OF AN INFESTATION OF BEDBUGS.
2. THE LANDLORD SHALL PROVIDE EXISTING TENANTS WITH A COPY OF THIS SECTION ON OR BEFORE SEPTEMBER 1, 2011 BY PERSONAL DELIVERY OR FIRST CLASS MAIL AND SHALL PROVIDE NEW TENANTS WITH A COPY OF THIS SECTION ON COMMENCEMENT OF A NEW LEASE. THE LANDLORD ALSO SHALL PROVIDE EDUCATIONAL MATERIALS TO EXISTING AND NEW TENANTS. EDUCATIONAL MATERIALS MAY INCLUDE:
(a) A DESCRIPTION OF MEASURES THAT MAY BE TAKEN TO PREVENT AND CONTROL BEDBUGS.
(b) INFORMATION ABOUT BEDBUGS, INCLUDING A DESCRIPTION OF THEIR APPEARANCE.
(c) A DESCRIPTION OF BEHAVIORS THAT ARE RISK FACTORS FOR ATTRACTING BEDBUGS SUCH AS PURCHASING RENOVATED MATTRESSES, USING DISCARDED MATTRESSES AND FURNITURE, USING USED OR LEASED FURNITURE, PURCHASING PRE-OWNED CLOTHING AND TRAVELING WITHOUT PROPER PRECAUTIONS.
(d) INFORMATION PROVIDED BY THE UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION AND OTHER FEDERAL, STATE OR LOCAL HEALTH AGENCIES.
(e) INFORMATION PROVIDED BY FEDERAL, STATE OR LOCAL HOUSING AGENCIES.
(f) INFORMATION PROVIDED BY NONPROFIT HOUSING ORGANIZATIONS.
3. THE LANDLORD SHALL NOT ENTER INTO ANY LEASE AGREEMENT WITH A TENANT FOR A DWELLING UNIT THAT THE LANDLORD KNOWS TO HAVE A CURRENT BEDBUG INFESTATION.
4. WITHIN SEVEN BUSINESS DAYS AFTER RECEIVING WRITTEN OR ELECTRONIC NOTICE OF A POSSIBLE BEDBUG INFESTATION FROM A TENANT, THE LANDLORD OR THE LANDLORD'S LICENSED PEST CONTROL APPLICATOR SHALL VISUALLY INSPECT THE DWELLING UNIT FOR BEDBUGS. WITHIN SEVEN BUSINESS DAYS AFTER FINDING EVIDENCE THAT A BEDBUG INFESTATION EXISTS IN THE DWELLING UNIT, THE LANDLORD SHALL START THE PROCESS OF MITIGATION OF THE BEDBUGS IN THE DWELLING UNIT.
5. UNLESS THE LANDLORD IS A LICENSED APPLICATOR, THE LANDLORD SHALL NOT USE ANY PEST CONTROL TECHNIQUES THAT CONSTITUTE MITIGATION AND SHALL USE FOR MITIGATION A PEST CONTROL APPLICATOR WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 22.
6. THE LANDLORD SHALL PROVIDE THE TENANT WITH WRITTEN NOTICE OF THE BEDBUG MITIGATION TREATMENT PROTOCOL AT LEAST THREE BUSINESS DAYS BEFORE THE INITIAL TREATMENT. NOTICE SHALL BE DEEMED RECEIVED BY THE TENANT ON THE DATE THE NOTICE IS PERSONALLY DELIVERED OR MAILED FIRST CLASS.
7. UNLESS OTHERWISE PROVIDED IN THIS SECTION, THE LANDLORD IS RESPONSIBLE FOR THE BEDBUG MITIGATION EXPENSES FOR THE DWELLING UNIT AND ANY SURROUNDING UNITS THAT ARE INFESTED
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