What Binds You

HUD Multifamily Bed Bug Rules: Notice H 2012-5 and the 2019 Clarification

Written for: Owners and management agents of HUD-insured and assisted multifamily properties (Section 8 PBRA, 202, 811 and FHA-insured), regional and asset managers, contract administrators

HUD has two documents that govern pests in HUD-insured and assisted multifamily housing: Housing Notice H 2012-5 (2012) and a clarifying memorandum issued in April 2019. They apply to the property types the notice lists (project-based Section 8, Section 202 and 811, Rent Supplement and RAP, and FHA-insured multifamily). They do not apply to public housing or to the Housing Choice Voucher program, which fall under HUD’s Office of Public and Indian Housing; PIH’s IPM notice is covered at the end of this page.

Both are guidance documents. H 2012-5 takes its force from the documents an owner has already signed: the Regulatory Agreement, the HAP contract, and the HUD Model Lease.

Notice H 2012-5 (April 23, 2012)

H 2012-5 replaced the 2011 bed bug notice:

This Notice supersedes Housing Notice 2011-20, — H 2012-5, § I

It says it stays in force “until amended, revoked, or superseded.” HUD’s 2019 memo said an update was being drafted. No replacement notice was found as of the date at the top of this page.

The owner’s baseline duty.

Owners of HUD-insured or assisted housing must maintain such housing in a manner that meets physical condition standards. In accordance with project Regulatory Agreements and Section 8 HAP Contracts, the housing must have no evidence of infestation. — H 2012-5, § II

Response.

The O/A should respond with urgency to tenant reports of infestations. The O/A should endeavor to take appropriate action within a reasonable time period. — H 2012-5, § V

The notice does not define “a reasonable time period.” Neither does this reference.

Integrated pest management.

HUD encourages Multifamily O/As to develop an Integrated Pest Management Plan (IPM) to focus on preventing infestations. Such plans describe the ongoing efforts the property management will take to prevent and respond to pests. — H 2012-5, § IV

Education and involvement of project residents is a critical component of IPM for bed bugs. — H 2012-5, § IV

What residents are asked to do.

Residents should fully cooperate with the O/A’s efforts to identify and address infestations. — H 2012-5, § V

Cooperation includes allowing the O/A to enter the unit to perform inspections and treatments, allowing pest treatments to occur, following the pest treatment protocol, and removing infested furniture or other items from common areas such as hallways or community rooms. — H 2012-5, § V

In addition, tenants should immediately report the suspicion of infestations in housing units or other areas of the property. — H 2012-5, § IV

Cost and relocation.

An O/A may use available operating funds to pay for activities to prevent and/or treat infestations. — H 2012-5, § VI

Assisted project Owners’ requests for tenants to pay the costs of infestation treatment must be in accordance with the provision for tenant payment of damages or noncompliance as required in the Family Model Lease. — H 2012-5, § VI

Generally, relocation from units is not necessary for effective pest treatment. — H 2012-5, § V

Additionally, the O/A must ensure the right of return for tenants who have had to be temporarily relocated while the treatment is being performed. — H 2012-5, § V

Section VIII of H 2012-5 describes inspection scoring under the older UPCS protocol. Inspections now run under NSPIRE; see the Infestation reference.

The April 18, 2019 clarification memorandum

The memo went to HUD’s multifamily regional and asset management staff and contract administrators. Its stated reason was bed bug lease addenda:

Housing Notice 2012-5 was issued to provide guidance on prevention and response to pest infestations, particularly bed bugs, — 2019 Clarification, p. 1

For properties on the HUD Model Lease (forms HUD-90105-A through D), HUD must approve any addendum. The memo lists what HUD staff should consider before approving one:

The Model Lease requires the landlord to provide extermination services, as necessary; — 2019 Clarification, item 1

Properties should have an Integrated Pest Management (IPM) plan, including resident education regarding housekeeping, cleanliness, acceptable furniture, unit inspection, and identification of bed bugs; owners and management agents may request technical assistance in reviewing and updating such plans; — 2019 Clarification, item 3

A regular, proactive inspection program by management is a crucial component of IPM. — 2019 Clarification, item 4

Cost-shifting. The memo’s rule is conditional:

Unless the owner can demonstrate that the infestation was caused by carelessness or neglect on the part of a resident(s), shifting cost of extermination to the resident is not acceptable. — 2019 Clarification, p. 2

Inspection when bed bugs are present.

When bedbugs are present, management must conduct regular inspections and exterminate. — 2019 Clarification, p. 2

Relocation.

Temporary relocation of a resident household for treatment is, generally, not required and, if necessary, should be a property cost. — 2019 Clarification, p. 2

Addenda already approved.

any leases that come to the attention of a local office which have been amended, or had addenda added that shift the burden for inspection, reporting, and cost of extermination to residents should be rescinded. — 2019 Clarification, p. 2

The memo also lists as questionable any provision that requires subsidized residents to buy equipment such as mattress covers or vacuum cleaners, and it says the memo’s guidelines took effect immediately.

Public housing and vouchers: PIH Notice 2011-22

For public housing authorities the IPM notice is PIH-2011-22. It makes IPM a choice, not a mandate:

The decision to use IPM techniques in their ongoing pest control effort is under PHA, Indian tribes/TDHE discretion. — PIH-2011-22, § 2

The PHA plan regulation is binding, and it names pests:

(2) The policies listed in this statement must include a description of any measures necessary for the prevention or eradication of pest infestation. Pest infestation includes cockroach infestation. — 24 CFR 903.7(e)(2)

PIH-2011-22 also tells PHAs to carry their IPM policy into their pest contracts:

If a PHA uses an outside contractor for pest control, the PHA’s pest control/IPM policies and procedures should be incorporated into the specifications or statement of work for the pest management contract. — PIH-2011-22, § 8

It notes residents with chemical sensitivities; see Bed Bug Prep and Reasonable Accommodation.

Where to get training

HUD funds an IPM training program for affordable housing. This reference does not repeat it:

We are a group of science educators, seeking to improve pest control in affordable housing by teaching everyone who works, lives, and plays in housing how to use integrated pest management (IPM). We are the Northeastern IPM Center at Cornell University. — StopPests in Housing, About Us

EPA’s Bed Bug Clearinghouse keeps a “Housing Authorities” list that includes the 2019 clarification and a PIH bed bug notice for public housing.

What these documents add up to

Professional synthesis, not law

• On a HUD Model Lease property, a bed bug addendum that charges every resident for treatment, makes residents responsible for inspection, or requires them to buy encasements is the kind HUD’s 2019 memo told local offices to deny or rescind. An owner who intends to charge a resident needs evidence of that resident’s carelessness or neglect, documented at the time.
• “Must conduct regular inspections” once bed bugs are present means the inspection record matters as much as the treatment record. The Bed Bug Incident and Response Record carries both, plus the adjoining-unit checks.
• HUD expects an IPM plan with resident education in it. The resident’s part of the work (reporting early and preparing the unit) belongs in the plan in plain language, with a way to ask for help; see the Resident Prep Sheets.