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(1) Landlord Obligations.
(a) No person shall lease out any dwelling unit:
(.1) unless such person has furnished to the tenant an informational notice regarding bed bugs;
(.2) unless such person has developed, maintained and is following a bed bug control plan; and
(.3) unless such person has furnished to the tenant a written disclosure of the history of bed bug infestation and remediation history for the dwelling unit for the previous 120 days. If there is no history of bed bug infestation, such person shall disclose that fact in writing.
(b) Upon notification by a person who finds or reasonably suspects an infestation of bed bugs in a rental unit, the landlord shall:
(.1) acknowledge the complaint within five business days of notification of the suspected infestation;
(.2) obtain investigatory and remedial services from a pest management professional within ten business days of notification;
(.3) upon a determination of an infestation, provide remedial services until such time as a pest management professional determines that no evidence of bed bugs can be found in the unit;
(.4) in buildings of four or more units, obtain investigatory services of such a professional in connection with any unit directly adjacent to, above or below the unit from which the original report came;
(.5) provide tenants with no less than 24-hours notice in advance of entering a unit for purposes of inspection, remediation or monitoring in connection with a bed bug complaint;
(.6) provide all tenants of units affected by a bed bug complaint with written notice of the pest management professional's determination in connection with such unit within five business days of receipt of information from the professional. Similar notification shall be provided to all tenants in connection with determinations made regarding a common area of a building;
(.7) obtain reasonable monitoring services for a period of 12 months after no evidence of bed bugs can be found in connection with any unit determined to be infested. If the unit is leased to a new tenant during the monitoring period, the landlord must fully explain the monitoring activities to the new tenant and continue monitoring during such period; and
(.8) maintain a written record of all complaints and control measures provided, including reports of chemicals applied and other remedies provided by the pest management professional or other person and any other reports or receipts prepared by the pest management professional. Such records shall be maintained for two years.
(2) Tenant Obligations.
(a) A tenant shall not knowingly bring into the building personal furnishings or belongings that are infested with bed bugs.
(b) A tenant that finds or reasonably suspects a bed bug infestation in the tenant's dwelling unit or a common area of the building shall notify the landlord within five business days of finding or suspecting the infestation.
(c) A tenant that notifies a landlord of a suspected infestation, or that is advised by a landlord in writing of a suspected infestation in the building, shall cooperate with reasonable recommendations provided by a pest management professional hired by the landlord to investigate and remediate the infestation, including by:
(.1) granting access at reasonable times to the tenant's unit for purposes of inspection and remediation, upon reasonable notice by the landlord;
(.2) not interfering with inspections or remediation efforts;
(.3) carrying out reasonable preparations, such as cleaning or moving furniture, before treatment, in accordance with the recommendations of the pest management professional; and
(.4) carrying out other reasonable recommendations of the pest management professional.
(3) Responsible Party.
(a) If tenant notifies landlord in writing within 365 days after the lease commencement date that tenant found or reasonably suspects a bed bug infestation, or within 180 days of discovery of a bed bug infestation in an adjoining unit in the building, landlord shall be responsible for the costs of investigating and remediating the infestation.
(b) If tenant notifies the landlord in writing more than 365 days after the lease commencement date that tenant found or reasonably suspects a bed bug infestation, landlord shall be responsible for investigating and remediating the infestation, provided that tenant shall share in the responsibility for the reasonable costs thereof. Tenants shall not be responsible to share in costs in connection with properties managed by the Philadelphia Housing Authority or properties for which rent is paid through a government housing subsidy or voucher program.
(4) Leases and Other Agreements.
(a) Acknowledgement of the responsibilities of landlords and tenants as set forth in this Section 9-4802 must be made part of any lease agreement between the landlord and tenant. Acknowledgment by the tenant of receipt of the informational brochure and unit history disclosure must be made part of the lease agreement.
(a) Upon violation by a landlord of any provision of subsection 9-4802(1)(a), the tenant shall be entitled to terminate the lease, without penalty or legal obligation.
(b) Upon violation by a landlord of any provision of subsection 9-4802(1)(b), the landlord shall be denied, during the period of violation, the right to file an eviction action to obtain possession of the property.
(c) Upon violation by a landlord of any provision of subsection 9-4802(1)(b), the tenant shall be entitled to bring an action in a court of competent jurisdiction and a prevailing tenant shall be entitled to the following remedies:
(.1) an order requiring the landlord to comply with any requirement of this Chapter 9-4800;
(.2) the reasonable cost of a comprehensive bed bug inspection and remediation;
(.3) damages for any harm caused by the failure to comply with any requirement of this Chapter 9-4800;
(.4) punitive damages of up to two thousand dollars ($2,000) per violation;
(.5) abatement of unpaid rent and refund of rent paid for any period in which the landlord fails to comply with an obligation to hire a pest management profession for the purposes of bed bug abatement; and
(.6) attorney's fees and costs.
(d) Upon violation by a tenant of any provision of subsection 9-4802(2), the landlord shall be entitled to terminate the lease, without penalty or legal obligation.