Illinois Bed Bug Law

Illinois recently updated its bed bug law. Exterminators and landlords should be aware of new bed bug laws to protect their rights and obligations in dealing with infestations. The Illinois Bed Bug Act gives current and former tenants the right to sue their landlords over infestations. Under the law, tenants can sue landlords even if they knew about or were responsible for bringing in the bed bugs.

The laws on bed bugs may differ based on where you live. You should check your local ordinances to see if there are any specific rules for bed bugs. If you have questions, you can contact your local government.

No matter where you live in Illinois, landlords are required to provide tenants with a habitable apartment. This includes providing an apartment free of bed bug infestation. Unless a tenant brought bed bugs into the property, the landlord must pay for services to remove the bed bugs. If a landlord can prove that a tenant brought the bed bugs into the property, they may be able to charge the tenant for the removal services. In most cases, it is difficult to prove the source of the bed bugs.

If you are a tenant, and your landlord is not responding to you or refuses to pay for bed bug removal, contact your local housing officials. You can also get legal help to learn more about your legal options.

Finally, businesses that rent furniture or electronic equipment are required to inspect for bedbugs or other pests before renting to a customer. If they find bed bugs, they must treat the equipment or furniture first. If an infestation arises from rented furniture or electronic equipment, the customer can sue the business.

Public Act 096-1330

HB6439 Enrolled

LRB096 21068 RPM 36918 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Structural Pest Control Act is amended by

adding Section 10.15 as follows:

(225 ILCS 235/10.15 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 10.15. Findings and Council report. The General

Assembly makes the following findings:

(1) The quality of life for a growing number of

Illinois families has been impacted by a significant

increase in bed bug (Cimex lectularius) infestations.

(2) A joint EPA/CDC statement recognizes bed bugs as a

pest of public health importance.

(3) Bed bug infestations are increasing, are difficult

to abate, and pose a challenge to those affected by those

infestations.

(4) There is a lack of public awareness about bed bug

prevention, management, and control, necessitating the

need for education of consumers, tenants, landlords,

property owners, and managers.

(5) In April of 2009, the United States Environmental

Protection Agency held its first National Bed Bug Summit to


`solicit recommendations on dealing with the growing public`
`nuisance of bed bugs; among the major recommendations`
`emanating from the summit was the importance of legislative`
`support and better education about bed bugs for governments`
`and elected officials.`
`(6) It is in the public interest to study the increase`
`in bed bug infestations and make specific recommendations`
`for addressing this growing public nuisance.`
`The Structural Pest Control Advisory Council shall convene`
`a subcommittee to develop a report to the General Assembly with`
`recommendations on the prevention, management, and control of`
`bed bug infestations. The report shall include, but not be`
`limited to, recommendations related to the availability of`
`education materials on bed bug prevention, management, and`
`control; proper transport, storage, and disposal of bed bug`
`infested materials; promote the development of effective`
`treatment methods or options to eradicate bed bug infestation;`
`and increasing knowledge and awareness among tenants,`
`landlords, and property managers and owners about preventing`
`bed bug infestations.`
`In addition to the members of the Structural Pest Control`
`Advisory Council, the subcommittee may include: a`
`representative of a nonprofit organization, particularly one`
`involved with tenant advocacy issues; a representative of`
`apartment associations; and staff from the Illinois Housing`
`Development Authority and the Office of the Illinois Attorney`


`General. The members of the subcommittee shall serve without`
`compensation for their duties or expenses incurred with the`
`work of the subcommittee.`
`The Structural Pest Control Advisory Council shall issue`
`its report to the General Assembly on or before December 31,`
`2011. This Section is repealed on January 1, 2012.`
`Section 99.` `Effective date.` `This Act takes effect upon`
`becoming law.`

Effective Date: 7/27/2010