2025 -- H 5906

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LC002034

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION

     Introduced By: Representatives Casey, Costantino, Chippendale, Finkelman, J. Brien,
Phillips, Lima, Noret, and Corvese

     Date Introduced: February 28, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-128.1-8, 42-128.1-11 and 42-128.1-14 of the General Laws in

Chapter 42-128.1 entitled "Lead Hazard Mitigation" are 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 information about lead hazard control; (ii) A copy of the

independent clearance inspection; and (iii) 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 department of health. After its

review of the matter, the housing resources commission department of health 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;

     (2) Temporary housing; or

     (3) Elderly housing; or

     (4) [Deleted by P.L. 2023, ch. 103, § 1 and P.L. 2023, ch. 104, § 1.]

     (5) Do not house or contain an at-risk occupant.

     (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 subsection

(e) 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.

     42-128.1-11. Enforcement.

     (a) The standards for lead hazard control and for lead hazard mitigation in pre-1978

housing shall be considered basic housing standards and shall be enforceable through the provisions

of this chapter and through procedures established in chapter 24.2 of title 45 and chapter 24.3 of

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title 45.

     (b) Minimum Housing Standards and Housing Maintenance and Occupancy Code. In

order to establish consistency between state and local programs pertaining to enforcement of

standards for housing and housing occupancy and to provide for broadly available, multiple means

of identifying instances of noncompliance with this chapter and enforcing the requirements of this

chapter, the department of health shall undertake consistent with § 34-18-58. following provisions

regarding Minimum Housing Standards and the Housing Maintenance and Occupancy Code shall

be effective:

     (1) The ordinances, rules, and regulations for “Minimum Housing Standards” adopted

pursuant to § 45-24.2-3 shall, on or before November 1, 2005, include provisions for lead hazard

control.

     (2) The Housing Maintenance and Occupancy Code, established by chapter 24.3 of title

45, shall, effective November 1, 2005, include provisions consistent with a continuing and ongoing

responsibility for lead hazard mitigation as required by the department of health standards.

     (c) In any private action where a property owner is found to have violated § 42-128.1-1 et

seq., or any rules or regulations derived therefrom, the property owner is subject to damages, which

may include double or treble the actual damages found, as well as reasonable attorneys’ fees.

Nothing herein should be construed as excluding other remedies in law or equity.

     42-128.1-14. Escrow account.

     (a) Notwithstanding any general law, public law, special law, or any agreement, whether

written or oral, a tenant may file a petition to deposit the tenant’s rent in an escrow account in the

district court with jurisdiction of the leased property, whenever the leased property is not compliant

with the risk reduction provisions of this chapter, including, but not limited to, the requirement for

a valid certificate of conformance, any rules or regulations derived therefrom, or upon any licensed

inspector’s finding of the existence of lead hazards in the property. Upon the petition to the district

court, and after notice to the owner of the premises and a hearing thereon, the district court shall

order the deposit of the tenant’s rent within the registry of the court, consistent with district court

rules of procedure, upon a determination that the leased property is not compliant with the risk

reduction provisions of this chapter, or upon any licensed inspector’s finding of the existence of

lead hazards in the property.

     (b) Other rights or remedies. The right of a tenant to deposit rent in the registry of the

court does not preclude the tenant from pursuing any other right or remedy available to the tenant

at law or equity.

     (c) Release of funds within the registry of the court. Money deposited within the registry

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of the court shall be released to the property owner, or designee, upon the court’s determination of

compliance by the property owner with the applicable risk reduction standard and state lead

poisoning prevention laws or upon a finding that the release of the money to the owner is necessary

to effectuate any repairs or improvements needed to the property to bring it into compliance with

the lead laws, and/or to repair any lead hazard(s).

     (d) Notwithstanding subsection (c), the court shall may release money from the registry of

the court to the tenant, or designee, if the tenant has incurred costs to comply with the applicable

risk reduction standard and state lead poisoning prevention laws on presentation of a bill of the

reasonable costs of complying with the applicable risk reduction standard or other state lead

poisoning prevention laws. Provided, however that, a tenant has provided adequate written notice

of its intent to conduct any repairs or remediation to the landlord, and the landlord has willfully

failed to take corrective action or failed to respond within a reasonable timeframe. Any money to

be released under this subsection shall be subtracted from the money to be released under

subsection (c).

     (e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be

terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects

to seek the remedies under this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION

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     This act would substitute "housing resources commission" with the "department of health"

for lead hazard mitigation purposes. It would also make it easier for a property owner to release

funds placed into an escrow account, as long as the money is needed to make required repairs or

improvements.

     This act would take effect upon passage.

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