HUD Housing Notice § 2011-20

                     U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                   WASHINGTON, DC 20410-8000

ASSISTANT SECRETARY FOR HOUSING-
FEDERAL HOUSING COMMISSIONER



As Special Attention of

All Multifamily Hub Directors                         Notice H 2011-20
All Multifamily Program Center Directors              Issued:    August 16, 2011
All Multifamily Operations Officers
All Directors of Project Management                   Expires: August 31, 2012
All Field Counsel
                                                      Cross References:



SUBJECT: Guidelines on Bed Bug Control and Prevention in HUD Insured and Assisted
           Multifamily Housing

I.     Purpose

      Bed bug infestations have become a serious problem in housing throughout the
country. HUD Insured and Assisted Multifamily properties are not immune to
infestations. This Notice provides information and references to best practices regarding
the prevention and control of bed bug infestations. It also provides guidance on the rights
and responsibilities of HUD, Owners and Management Agents (O/As) and tenants with
regard to bed bug infestations.

II.    Background

      After a long absence, bed bug infestations are a growing problem in the United States
today. According to the United States Environmental Protection Agency (EPA), bed bug
populations have increased dramatically. Bed bugs are considered a pest of significant
public health importance by the EPA and the Centers for Disease Control and Prevention
(CDC). Although the insects are not known to transmit disease, bites may itch and cause an
allergic reaction in some people, which may lead to secondary infections. The presence of
bed bugs can also cause stress or anxiety.

      Experts suspect the resurgence is associated with greater international and domestic
travel, lack of knowledge regarding the complex measures needed to prevent and control
bed bugs, changes in pesticide availability and technology, and increased resistance of bed
bugs to available pesticides. Bed bugs are not an indicator of poor sanitation, but excess
clutter can provide them more places to hide, making early detection and targeted control
difficult.

      HUD has received numerous reports of bed bug infestations in Multifamily properties
in various regions. HUD is working closely with other federal agencies to develop and
share best practices for preventing and controlling bed bugs.
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III. Applicability

     This Notice is applicable to all Multifamily properties with active HUD Insured,
HUD-Held or Direct Loans, Section 202 or 811 Capital Advances, Project-Based Rental
Assistance contracts, and/or HUD Use Agreements.

IV. Prevention of Bed Bug Infestations

     The best approach to bed bug management is to prevent an infestation from
occurring in the first place. Federal agencies, such as EPA and HUD, are working in
tandem to develop and share recommendations to prevent bed bug infestations.

      O/As are strongly encouraged to develop an Integrated Pest Management (IPM)
Plan. Such plans describe the ongoing efforts the property management will take to
prevent and respond to pests. For more detail on IPM, please see the online guide at
http://www.stoppests.org. According to the EPA, principles of IPM for bed bugs include:

       Raising awareness through education on prevention of bed bugs;
       Inspecting infested areas, plus surrounding living spaces;
       Checking for bed bugs on luggage and clothes when returning home from a trip;
       Looking for bed bugs or signs of infestation on secondhand items before bringing
       the items home;
       Correctly identifying the pest;
       Keeping records – including dates when and locations where pests are found;
       Cleaning all items within a bed bug infested living area;
       Reducing clutter where bed bugs can hide;
       Eliminating bed bug habitats;
       Physically removing bed bugs through cleaning;
       Using pesticides carefully according to the label directions; and,
       Following up on inspections and possible treatments.

      In addition or as part of an IPM, Multifamily O/As are strongly encouraged to take
the following preventive steps:

       Provide training for staff to identify bed bugs, and to perform ongoing prevention
       actions as outlined in the IPM. When a community is at high risk for bed bugs
       (for example, if the community has experienced prior infestations), periodic
       building inspections are recommended.

       Actively engage residents in efforts to prevent bed bugs. Education and
       involvement of project residents is a critical component of IPM for bed bugs. Bed
       bugs may often go undetected and unreported, because they are active at night,
       and tenants may not be aware of their presence. O/As may wish to hold
       workshops for tenants to learn to identify bed bugs, to create unfriendly
       environments for pests, and to report suspicions of bed bugs as soon as possible.
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        Provide orientation for new tenants and staff, and post signs and handouts.

     More information on bed bug prevention may be found by accessing the following
websites:1

        Healthy Homes Training: What’s Working for Bed Bug Control in Multifamily
        Housing?: Reconciling best practices with research and the realities of
        implementation.
        http://www.healthyhomestraining.org/ipm/NCHH_Bed_Bug_Control_2-12-
        10.pdf.

        National Pest Management Association Bed Bug Hub:
        http://pestworld.org/pest-world-blog/the-bed-bug-hub-one-stop-shop-for-bed-bug-
        information

        National Pest Management Association Best Practices Website:
        http://www.bed bugbmps.org

        Environmental Protection Agency:
        http://www.epa.gov/pesticides/bed bugs/

V.    Addressing Infestations

      The O/A should respond with urgency to any tenant report of bed bugs. Within
24 hours of the tenant report, the O/A should make contact with the tenant, provide the
tenant with information about bed bugs, and discuss measures the tenant may be able to
take in the unit before the inspection is performed. However, a bed bug inspection and, if
necessary, treatment, may take time to schedule. The O/A should endeavor to take
appropriate action within a reasonable time period using the guidelines provided below.

      Following a report of bed bugs, the O/A or a qualified third party trained in bed bug
detection should inspect the dwelling unit to determine if bed bugs are present. It is
critical that inspections be conducted by trained staff or third party professionals. Low
level inspections may escape visual detection. For this reason, multiple detection tools
are recommended. Recent research indicates that “active” bed bug monitors containing
attractants can be effective tools for detecting early infestations. Some licensed pest
control applicators use canine detection to verify the presence of bed bugs. The
inspection should cover the unit reporting the infestation and no less than surrounding
apartments consisting of the units above, below, left and right, and should be completed
within 3 calendar days of a tenant complaint if possible. If reputable, licensed pest
control companies are unattainable within three calendar days, the O/A is required to




1
 An additional resource for interested parties is the Bed Bug Handbook. L.J. Pinto, R. Cooper, and S.K.
Kraft, Bed Bug Handbook: The Complete Guide to Bed Bugs and Their Control (Mechanicsville, MD: S.K.
Pinto & Associates, 2007).
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retain documentation of the efforts to obtain qualified services. If an infestation is
suspected but cannot be verified using the methods described above, the O/A should
re-inspect the unit(s) periodically over the next several months.

      When an infestation is identified, the unit and surrounding units should be treated
for bed bugs according to the IPM Plan. Chemical treatments may be necessary, but are
not reliable. Therefore, encasement, interception devices, vacuuming, steaming, freezing
and commodity or building heat treatments may be utilized as part of the bed bug control
effort. Infestations are rarely controlled in one visit. Effective treatment may require two
to three visits, and possibly more. The length, method and extent of the treatment will
depend on the severity and complexity of the infestation, and the level of cooperation of
the residents.

      An O/A may contact HUD to request financial resources for bed bug control. The
Hub/PC Director may honor requests for releases from the Reserve for Replacement or
Residual Receipts accounts to reimburse an Owner for bed bug treatment. The releases
should follow the processes outlined in HUD Handbook 4350.1, Multifamily Project
Servicing, Chapters 4 and 25. Owners should be encouraged to make advances (loan
without interest) when no reserves are available. HUD may also consider an increased
pest control line item in the project’s operating budget, if the Section 8 Housing
Assistance Payments (HAP) contract allows for budget-based rent setting in accordance
with the Section 8 Renewal Policy Guide. However, any request for a rent increase
should be part of an ongoing pest prevention program.

VI. Recurring Infestations

      Many properties are facing recurring infestations. O/As may offer protective tools
to residents to help safeguard properties from recurrences. For example, the O/A may
offer residents bed covers, climb-up interceptors, or other detection or protection devices
that may become available. O/As may voluntarily offer to inspect tenants’ furniture
before move-in. O/As may require the non-chemical treatment of furniture upon tenant
move-in, and may offer, but may not require, non-chemical treatment or inspection of
used furniture and/or non-chemical treatment of luggage before it is unpacked when a
tenant returns from a trip. Tenants may voluntarily use such services. These services or
products are to be offered at the Owner’s expense.

      An O/A may not deny tenancy to a potential resident on the basis of the tenant
having experienced a prior bed bug infestation, nor may an owner give residential
preference to any tenant based on a response to a question regarding prior exposure to
bed bugs. An Owner may not charge a tenant to cover the cost of bed bug treatment.
Such costs should be covered by the Owner or from project funds authorized by HUD as
described above. HUD reserves the right to approve Lease Addenda. Lease Addenda
may not conflict with this Notice.
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VII. Tenant Rights and Responsibilities

      Tenants are strongly encouraged to immediately report the suspicion of possible bed
bugs in a housing unit or other areas of the property. Early reporting allows the pests to
be identified and treated before the infestation spreads. Tenants are the first line of
defense against bed bug infestations and should be encouraged to create living
environments that deter bed bugs. This includes reducing unreasonable amounts of
clutter that creates hiding places for bed bugs, and regular checking of beds and
laundering of linens.

      Bed bug infestations can cause health concerns, including physical discomfort,
stress and anxiety on the part of the residents. Tenants should be advised of the
following:

               An O/A may not deny tenancy to a potential resident on the basis of the
               tenant having experienced a prior bed bug infestation, nor may an owner
               give residential preference to any tenant based on a response to a question
               regarding prior exposure to bed bugs.

               A tenant reporting bed bugs may expect expeditious response and
               attention by the O/A, but should be advised that inspection and, if
               necessary, treatment of bed bugs may take time to schedule. The
               inspections should occur within three calendar days of the tenant report
               when possible.

               Following a tenant report of bed bugs, the O/A staff trained in bed bug
               identification (or a third party pest control representative) may inspect any
               unit in the property to independently verify the presence of bed bugs and
               to treat an infestation. The O/A may enter the unit to perform these
               activities, in accordance with the lease.

               If bed bug infestation is found in the unit, the tenant may expect treatment
               to begin within five days of the inspection, though depending on the form
               of treatment, this may not be possible. Tenants should be advised that
               treatment may take several weeks.

               Tenants are expected to cooperate with the treatment efforts by allowing
               for heat treatment of clothing and furniture and refraining from placement
               of infested furniture or other items in common areas such as hallways.
               Tenant cooperation is shown to expedite the control of bed bugs and to
               prevent spreading of infestations.

               Management may make staff available to help with moving and cleaning
               of furniture to accomplish the treatment effort.

               The tenant will not be expected to contribute to the cost of the treatment
               effort.
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               Generally, relocation from the unit is not necessary; bed bugs may cause
               discomfort but are not believed to carry disease. However, if reasonable
               temporary relocation is necessary, the O/A may request withdrawals from
               Reserve for Replacement or Residual Receipts accounts as described
               above for those days when treatment is actively occurring that may render
               the unit uninhabitable. All withdrawals of this type must be approved by
               the Hub/PC Director or designee. Any temporary relocation must be
               carried out in accordance with applicable civil rights laws, including, but
               not limited to, Title VI of the Civil Right Act of 1964 and Section 504 of
               the Rehabilitation Act of 1973. For example, when persons with
               disabilities are temporarily relocated, they must be placed in housing that
               provides, at a minimum, the same accessibility features as the housing in
               which they currently reside. Additionally, the O/A must ensure the right
               of return for tenants who have had to be temporarily relocated while the
               bed bug treatment is being performed.

               The tenant will not be reimbursed the cost of any additional expense to the
               household, such as purchase of new furniture, clothing or cleaning
               services. However, the tenant may be reimbursed the cost of protective
               bed covers, at the Owner’s discretion.

VIII. Responding to Inspection Findings

      Bed bugs should be addressed when reported by staff, tenants or the Real Estate
Assessment Center (REAC), or if an audit by the HUD Office of the Inspector General
identifies possible infestation.

      Presently, REAC inspectors will only deduct points if bed bugs are observed in an
apartment or building. However, inspectors now ask the O/A to identify any units and/or
buildings that are infested before the inspection begins. If bed bugs are reported, the
inspector will record the units and/or buildings affected in the comment section of the
Physical Inspection report.

   The REAC sends a “Bed Bugs Reported” email to the Hub/Program Center Director
when bed bugs are noted in the comments section of a Physical Inspection Report. The
Owner will see the information on the inspection report in the comment area.

     HUD staff must take the following steps upon receipt of the “Bed Bugs Reported”
email from REAC, regardless of the score, or if bed bugs are cited as a deficiency within
the REAC report or if bed bugs are reported by the O/A, project residents, the
Performance Based Contract Administrator, or an OIG audit:

               Enter the bed bug information on the Problem Statement screen in the
               Integrated Real Estate Management System (iREMS).

               If bed bugs were identified by REAC, send the attached letter to the
               Owner regardless of the score of the REAC Physical Inspection.
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              Advise the Owner to describe what actions were taken or will be taken to
              eradicate the infestation.

              Advise the Owner to inform HUD when the problem has been completely
              eradicated.

              Consider releasing funds from Reserve for Replacement or Residual
              Receipts accounts if requested.

              Continue to enter all related information into the Problem Statement
              screen in iREMS; and,

              Report any significant developments or problems regarding a bed bug
              infestation to Headquarters, Office of Asset Management.

    Note: Bed bugs are a national problem, so the above action should be taken when
    REAC notes the presence of bed bugs in the comments section of an inspection,
    and/or if bed bugs are cited as a deficiency within the body of the inspection report.

   If you have questions, please contact your Desk Officer in the Office of Asset
Management.




                                                            /s/
                                           ___________________________________
                                             Carol J. Galante
                                             Acting Assistant Secretary for Housing –
                                               Federal Housing Commissioner

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