Delaware 2023-2024 Regular Session

Delaware House Bill HB452

Introduced
6/20/24  
Introduced
6/20/24  

Caption

An Act To Amend Titles 16 And 25 Of The Delaware Code Relating To Lead-based Paint.

Impact

The bill significantly impacts landlord obligations and tenant rights by prohibiting discrimination against individuals who may raise concerns about lead hazards or have elevated blood lead levels. Landlords must show proof of compliance with lead safety measures before initiating eviction proceedings. The establishment of the Lead-Based Paint Hazard Control Grant and Loan Program in the bill is intended to assist landlords in funding necessary inspections and remediation efforts, particularly for units frequented by young children and pregnant individuals. This program is poised to enhance tenant protections and enforce health standards while ensuring that landlords are equipped to comply with the law.

Summary

House Bill 452 aims to amend the Delaware Code concerning lead-based paint hazards in rental units. The bill mandates that all rental properties constructed before January 1, 1978, must obtain certification as either lead-free or lead-safe by specific deadlines between 2026 and 2029, depending on the year of construction. The bill requires inspections by state-approved lead inspectors and sets clear criteria for what constitutes a lead-safe environment, ensuring that residential units do not pose health risks to tenants, especially children and pregnant women. Furthermore, it emphasizes the implementation of educational materials regarding lead hazards for tenants prior to occupancy.

Sentiment

The sentiment surrounding HB 452 appears to be predominantly positive among public health advocates and tenant rights groups, reflecting a growing awareness of the dangers posed by lead exposure, particularly to vulnerable populations. However, there may be some trepidation among landlords, who could face increased operational costs associated with compliance and remediation efforts. Overall, the bill aligns appealingly with broader health and safety initiatives, although it raises questions about the enforcement and practicality of implementing the proposed requirements within the specified timelines.

Contention

As with many legislative initiatives, HB 452 may encounter contention, especially regarding the financial implications for landlords and the logistical feasibility of meeting compliance deadlines. Critics may argue that the costs of mandatory inspections and lead abatement could lead to increased rents, thereby affecting housing affordability. Additionally, discussions around enforcement mechanisms for landlords, fines for non-compliance, and the effectiveness of the established committees may arise, highlighting the balance between ensuring tenant safety and managing the regulatory burden on property owners.

Companion Bills

No companion bills found.

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