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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 IN GOVERNMENT -- LEAD HAZARD MITIGATION |
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| 16 | 16 | | Introduced By: Senators Acosta, Kallman, Mack, Murray, LaMountain, and Burke |
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| 17 | 17 | | Date Introduced: March 07, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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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 42-128.1-8 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 | | 42-128.1-8. Duties of property owners of pre-1978 rental dwellings. 3 |
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| 25 | 25 | | (a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or 4 |
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| 26 | 26 | | have not been lead hazard abated shall comply with all the following requirements: 5 |
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| 27 | 27 | | (1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or herself 6 |
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| 28 | 28 | | or through a designated person; 7 |
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| 29 | 29 | | (2) Evaluate the dwelling unit and premises for lead hazards consistent with the 8 |
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| 30 | 30 | | requirements for a lead hazard control evaluation; 9 |
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| 31 | 31 | | (3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation 10 |
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| 32 | 32 | | standard; 11 |
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| 33 | 33 | | (4) Provide tenants: (i) basic information about lead hazard control; (ii) a copy of the 12 |
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| 34 | 34 | | independent clearance inspection; and (iii) information about how to give notice of deteriorating 13 |
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| 35 | 35 | | conditions; 14 |
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| 36 | 36 | | (5) Correct lead hazards within thirty (30) days after notification from the tenant of a 15 |
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| 37 | 37 | | dwelling unit with an at risk occupant, or as provided for by § 34-18-22. 16 |
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| 38 | 38 | | (b) New property owners of a pre-1978 rental dwelling that is occupied by an at risk 17 |
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| 39 | 39 | | occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those 18 |
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| 40 | 40 | | requirements were not met by the previous owner at the time of transfer, provided that the new 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | property owner has the property visually inspected within thirty (30) business days after assuming 1 |
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| 45 | 45 | | ownership to determine conformity with the lead hazard control standard. 2 |
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| 46 | 46 | | (c) The requirements for lead hazard mitigation shall apply to the first change in ownership 3 |
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| 47 | 47 | | or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at-4 |
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| 48 | 48 | | risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a 5 |
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| 49 | 49 | | property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in 6 |
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| 50 | 50 | | tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise. 7 |
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| 51 | 51 | | (d) If the tenant receives no response to the notification to the property owner of 8 |
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| 52 | 52 | | deteriorating conditions affecting lead hazards, if the response is in the tenant’s opinion 9 |
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| 53 | 53 | | unsatisfactory, or if the remedy performed is in the tenant’s opinion unsatisfactory, the tenant may 10 |
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| 54 | 54 | | request a review of the matter by the housing resources commission. After its review of the matter, 11 |
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| 55 | 55 | | the housing resources commission shall either send notice to the property owner in which notice 12 |
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| 56 | 56 | | shall be issued in a manner substantially similar to a notice of violation issued by the director 13 |
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| 57 | 57 | | pursuant to the Housing Maintenance Code, chapter 24.3 of title 45, or promptly inform the tenant 14 |
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| 58 | 58 | | of the reasons why the notice is not being issued. 15 |
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| 59 | 59 | | (e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common 16 |
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| 60 | 60 | | areas in condominium complexes that are owned and operated by condominium associations, or to 17 |
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| 61 | 61 | | pre-1978 rental dwelling units that are: 18 |
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| 62 | 62 | | (1) Lead-safe or lead free; or 19 |
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| 63 | 63 | | (2) Temporary housing; or 20 |
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| 64 | 64 | | (3) Elderly housing; or. 21 |
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| 65 | 65 | | (4) Comprised of two (2) or three (3) units, one of which is occupied by the property owner; 22 |
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| 66 | 66 | | or 23 |
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| 67 | 67 | | (f) The department of health shall report to the legislature annually on the number of 24 |
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| 68 | 68 | | children who are lead poisoned in any of the exempted dwelling units as referred to in subdivision 25 |
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| 69 | 69 | | subsection (e)(4) of this section. 26 |
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| 70 | 70 | | (g) Nothing contained herein shall be construed to prevent an owner who is seeking to 27 |
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| 71 | 71 | | obtain lead liability insurance coverage in the policy from complying with the provisions of this 28 |
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| 72 | 72 | | chapter, by securing and maintaining a valid and in force letter of compliance or conformance in 29 |
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| 73 | 73 | | force. 30 |
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