| Chapter 104 |
| 2023 -- S 0656 SUBSTITUTE A Enacted 06/19/2023 |
| A N A C T |
| RELATING TO STATE AFFAIRS IN GOVERNMENT -- LEAD HAZARD MITIGATION |
Introduced By: Senators Acosta, Kallman, Mack, Murray, LaMountain, and Burke |
| Date Introduced: March 07, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 42-128.1-8 of the General Laws in Chapter 42-128.1 entitled "Lead |
| Hazard Mitigation" is hereby amended to read as follows: |
| 42-128.1-8. Duties of property owners of pre-1978 rental dwellings. |
| (a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or |
| have not been lead hazard abated shall comply with all the following requirements: |
| (1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or herself |
| or through a designated person; |
| (2) Evaluate the dwelling unit and premises for lead hazards consistent with the |
| requirements for a lead hazard control evaluation; |
| (3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation |
| standard; |
| (4) Provide tenants: (i) basic Basic information about lead hazard control; (ii) a A copy of |
| the independent clearance inspection; and (iii) information Information about how to give notice |
| of deteriorating conditions; |
| (5) Correct lead hazards within thirty (30) days after notification from the tenant of a |
| dwelling unit with an at-risk occupant, or as provided for by § 34-18-22. |
| (b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk |
| occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those |
| requirements were not met by the previous owner at the time of transfer, provided that the new |
| property owner has the property visually inspected within thirty (30) business days after assuming |
| ownership to determine conformity with the lead hazard control standard. |
| (c) The requirements for lead hazard mitigation shall apply to the first change in ownership |
| or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at- |
| risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a |
| property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in |
| tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise. |
| (d) If the tenant receives no response to the notification to the property owner of |
| deteriorating conditions affecting lead hazards, if the response is in the tenant’s opinion |
| unsatisfactory, or if the remedy performed is in the tenant’s opinion unsatisfactory, the tenant may |
| request a review of the matter by the housing resources commission. After its review of the matter, |
| the housing resources commission shall either send notice to the property owner in which notice |
| shall be issued in a manner substantially similar to a notice of violation issued by the director |
| pursuant to the Housing Maintenance Code, chapter 24.3 of title 45, or promptly inform the tenant |
| of the reasons why the notice is not being issued. |
| (e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common |
| areas in condominium complexes that are owned and operated by condominium associations, or to |
| pre-1978 rental dwelling units that are: |
| (1) Lead-safe or lead free; or |
| (2) Temporary housing; or |
| (3) Elderly housing; or. |
| (4) Comprised of two (2) or three (3) units, one of which is occupied by the property owner; |
| or |
| (f) The department of health shall report to the legislature annually on the number of |
| children who are lead poisoned in any of the exempted dwelling units as referred to in subdivision |
| subsection (e)(4) of this section. |
| (g) Nothing contained herein shall be construed to prevent an owner who is seeking to |
| obtain lead liability insurance coverage in the policy from complying with the provisions of this |
| chapter, by securing and maintaining a valid and in force letter of compliance or conformance in |
| force. |
| SECTION 2. This act shall take effect on January 1, 2024. |
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| LC001906/SUB A |
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