This blog post comes from our friends at the PA IPM Program
Philadelphians may finally be able to get some sleep at night, now that the long-awaited “Bed Bug Bill” went into effect on January 1, 2021. Though experts warn not to get too cozy, as enforcement may prove difficult and the current bill is likely too focused on landlord-tenant issues to be effective in controlling bed bugs city-wide. As Attorney George Gould, senior attorney with Community Legal Services, Inc. and instrumental in the creation and passage of this bill stated, “what we ended up with was not exactly what we wanted, but it is a good start.”
The passage of this bill, entitled "Responsibilities Concerning Bed Bug Infestations,” is still a huge step towards bed bug control and remediation in the city of Philadelphia. Its passage required tireless efforts from a multi-disciplinary team that formed Philadelphians Against Bed Bugs (PhABB), established in the fall of 2016, as well as support from City Council. PhABB is composed of healthcare professionals, social service providers, epidemiologists, lawyers, as well as concerned Philadelphian residents. Additionally, the Pennsylvania Integrated Pest Management program (PA IPM) at Penn State provided technical assistance. This group is now comprised of more than 100 members, showcasing the diversity and interest in solving Philadelphia’s bed bug problem. Even with such diverse stakeholders and experts, all agree that a multifaceted approach that includes a city-wide strategy, policy changes, and public education is required to truly regain control of bed bugs in Philadelphia.
PhABB members expressed enthusiasm for the bill to go into effect this January, and to take these first critical steps forward in controlling bed bugs in Philadelphia. One of the strengths of the bill is its focus on identification and treatment of bed bugs. As expressed by Dr. Michael Levy, associate professor of epidemiology at the University of Pennsylvania and member of PhABB, “the bill requires prompt identification and treatment of bed bug infestations. Like infectious diseases, bed bugs also have an 'R0', and if we can get it below 1 the bed bug epidemic will begin to recede, as it has in New York City. One of the key components of R0 is the rate by which infestations are treated.” Put simply, the R0 of an infectious disease, or of a bed bug infestation, refers to the transmission potential of the pathogen, or bed bug infestation in this case, and is a quantitative estimate of how many additional cases will be caused by one infestation. When R0 is below 1 the overall number of infestations will decline as one infestation will cause less than one additional infestation and thus, the spread of bed bugs is limited.
Gould stated that additional advantages to the bill’s implementation include provisions requiring landlords to keep records of infestations and remediation, furnish these records to their tenants, and requires continued monitoring of homes for 12 months after properties have shown no signs of bed bug presence. Another strength of this bill is what Marty Overline, President of Aardvark Pest Management and member of PhABB, termed a “fluid bill.” Overline described this as an important advantage as this means it can be adapted and changed in the future. This is critical, as several experts agreed that to make real and sustained progress in controlling bed bugs in the city, the bill should contain several key additional features in future iterations. Fortunately, according to Gould, Philadelphia’s 1st District Councilmember Mark Squilla has agreed to review the bill’s implementation and make changes as needed. Squilla was instrumental in working with PhABB to develop the bed bug ordinance, and introduced the bill to City Council in February 2019 along with eight co-sponsors.
According to Michelle Niedermeier, the program coordinator for community integrated pest management at the PA IPM program at Penn State and advisor to PhABB, “an ideal bed bug bill would be prevention-oriented and not reactive. Instead of focusing solely on infestation reporting and remediation, an ideal plan would be holistic and incorporate both upstream and downstream control mechanisms.” She elaborated that upstream mechanisms could include monitoring, regular inspections, and prevention tactics such as regular deep-cleanings of public transit, while downstream mechanisms would include infestation reports and remediation. Niedermeier emphasized that the goal of a bed bug program should be to “knock back bed bugs to non-detectable levels and to continue control tactics and monitoring from there.”
Unlike many other cities in the U.S., Philadelphia’s bed bug ordinance focuses primarily on rented properties. This is problematic as 92% of Philadelphia’s properties are attached, the highest of any major U.S. city, and 53% of Philadelphians are homeowners not renters (U.S. Census Bureau). Since bed bugs are able to creep through crevices in attached homes, and as far as we know they don’t discriminate by home-ownership status, this presents an obvious challenge for controlling bed begs given the current bill’s focus on rented properties. According to many experts and as expressed by Levy “the bill became a renter-landlord issue, but bed bugs are not limited to rental properties. We need more help for homeowners, and requirements for homeowners, to really tackle the problem in our city.”
The current bill outlines the roles and responsibilities for landlords and tenants in terms of reporting, monitoring, and payment for remediation in cases of bed bug infestations. While the landlord is responsible for remediation costs and continued monitoring if a bed bug infestation is reported within 365 days after a tenant’s lease begins, this bill outlines shared costs for remediation if an infestation is reported after this 365-day window. Why 365 days? Critics of the bill say this timeline is arbitrary and will create confusion as to how costs will be shared between tenants and landlords and ultimately will result in under-reporting as tenants are unable or unwilling to afford remediation costs. Overline, a pest management professional with over 40 years of experience in the field, emphasized the need for cooperation between landlords and tenants rather than causing additional stress over reporting and cost- sharing decisions, especially in what may already be a strained relationship when bed bugs are involved. In order to control bed bugs, Overline stresses that “everyone needs to be on the same page,” from tenants, to landlords, to pest professionals.
However, to make real progress in fighting Philadelphia’s bed bug population, Gould, Levy, Niedermeier, Overline and other experts agree- more needs to be done. To them, an ideal bed bug plan would include all properties regardless of renter or homeowner status, public transit, and other public properties. Experts agree that since bed bugs are not confined to rental properties, the bed bug bill shouldn’t be confined to solely these properties either. Additionally, if the city hopes to truly tackle the bed bug problem, education on identification, reporting, and remediation needs to be a top priority. As Overline stated, “Education to the public is power in the fight against bed bugs.” Last but certainly not least, an often overlooked transmission route is the disposal of bed bug-ridden furniture and household items. Many people just want to get rid of these items as fast as they can, consequently putting their bed bug infested furniture out on the street. And who doesn’t like a seemingly comfortable free couch? This is a fast way to introduce bed bugs to other homes and can result in new infestations spreading quickly through connected buildings. One way to avoid this is to have dedicated waste disposal services for bed bug infested furniture and to include this service as part of bed bug education and remediation plans.
The bed bug bill has just gone into effect as of January 1, 2021 and will be enforced by the Department of Licenses and Inspections (L&I). Gould and other experts met with L&I in the fall of 2020 and according to Gould they were able to have productive discussions on implementation and enforcement of the new bill. They hope to continue these discussions and make changes as needed now that the bill has gone into effect.
So what’s next for bed bug control in the city of Philadelphia? As expressed by experts and many members of the PhABB, there is hope that this bill will help to address bed bug infestations in rental properties. However, the greater hope from experts is that the inadequacies of the current bill will become quickly apparent and Philadelphia City Council will work with PhABB and experts to develop a more holistic plan that takes into account Philadelphia’s diverse, and connected, needs in terms of bed bug control.
The PA IPM Program is a collaboration between the Pennsylvania State University and the Pennsylvania Department of Agriculture designed to promote integrated pest management in both agricultural and non-agricultural situations. For more information, call (814) 865-2839 or visithttps://extension.psu.edu/ipm
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