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| 5 | 5 | | 2023 -- H 6201 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002583 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION |
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| 16 | 16 | | Introduced By: Representatives Dawson, and O'Brien |
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| 17 | 17 | | Date Introduced: March 24, 2023 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | (Attorney General) |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 42-128.1-11 of the General Laws in Chapter 42-128.1 entitled "Lead 1 |
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| 23 | 23 | | Hazard Mitigation" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 42-128.1-11. Enforcement. 3 |
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| 25 | 25 | | (a) The standards for lead hazard control and for lead hazard mitigation in pre-1978 4 |
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| 26 | 26 | | housing shall be considered basic housing standards and shall be enforceable through the provisions 5 |
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| 27 | 27 | | of this chapter and through procedures established in chapter 24.2 of title 45 and chapter 24.3 of 6 |
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| 28 | 28 | | title 45. 7 |
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| 29 | 29 | | (b) Minimum Housing Standards and Housing Maintenance and Occupancy Code. In order 8 |
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| 30 | 30 | | to establish consistency between state and local programs pertaining to enforcement of standards 9 |
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| 31 | 31 | | for housing and housing occupancy and to provide for broadly available, multiple means of 10 |
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| 32 | 32 | | identifying instances of noncompliance with this chapter and enforcing the requirements of this 11 |
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| 33 | 33 | | chapter, the following provisions regarding Minimum Housing Standards and Housing 12 |
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| 34 | 34 | | Maintenance and Occupancy Code shall be effective: 13 |
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| 35 | 35 | | (1) The ordinances, rules, and regulations for “Minimum Housing Standards” adopted 14 |
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| 36 | 36 | | pursuant to § 45-24.2-3 shall, on or before November 1, 2005, include provisions for lead hazard 15 |
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| 37 | 37 | | control. 16 |
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| 38 | 38 | | (2) The Housing Maintenance and Occupancy Code, established by chapter 24.3 of title 17 |
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| 39 | 39 | | 23, shall, effective November 1, 2005, include provisions consistent with a continuing and ongoing 18 |
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| 40 | 40 | | responsibility for lead hazard mitigation as required by the department of health standards. 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002583 - Page 2 of 3 |
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| 44 | 44 | | (c) In any private action where a property owner is found to have violated § 42-128.1-1 et 1 |
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| 45 | 45 | | seq., or any rules or regulations derived therefrom, the property owner is subject to damages, which 2 |
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| 46 | 46 | | may include double or treble the actual damages found, as well as reasonable attorneys' fees. 3 |
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| 47 | 47 | | Nothing herein should be construed as excluding other remedies in law or equity. 4 |
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| 48 | 48 | | SECTION 2. This act shall take effect upon passage. 5 |
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| 50 | 50 | | LC002583 |
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| 54 | 54 | | LC002583 - Page 3 of 3 |
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| 55 | 55 | | EXPLANATION |
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| 56 | 56 | | BY THE LEGISLATIVE COUNCIL |
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| 57 | 57 | | OF |
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| 58 | 58 | | A N A C T |
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| 59 | 59 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION |
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| 60 | 60 | | *** |
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| 61 | 61 | | This act would allow for a property owner who fails to comply with lead hazard mitigation 1 |
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| 62 | 62 | | provisions to be subject to damages and reasonable attorneys' fees. 2 |
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| 63 | 63 | | This act would take effect upon passage. 3 |
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| 65 | 65 | | LC002583 |
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