2023 -- S 0729 AS AMENDED
========
LC002542
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION
Introduced By: Senators Mack, Acosta, Euer, McKenney, Bell, Britto, Lawson, DiMario,
Kallman, and Gu
Date Introduced: March 22, 2023
Referred To: Senate Judiciary
(Attorney General)
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 42-128.1 of the General Laws entitled "Lead Hazard Mitigation" is 1
hereby amended by adding thereto the following section: 2
42-128.1-14. Escrow account. 3
(a) Notwithstanding any general law, public law, special law or any agreement, whether 4
written or oral, a tenant may file a petition to deposit their rent in an escrow account in the district 5
court with jurisdiction of the leased property, whenever the leased property is not compliant with 6
the risk reduction provisions of chapter 128.1 of title 42, including, but not limited to, the 7
requirement for a valid certificate of conformance, any rules or regulations derived therefrom, or 8
upon any licensed inspector's finding of the existence of lead hazards in the property. Upon the 9
petition to the district court, and after notice to the owner of the premises and a hearing thereon, 10
the district court shall order the deposit of the tenant's rent within the registry of the court, consistent 11
with district court rules of procedure, upon a determination that the leased property is not compliant 12
with the risk reduction provisions of chapter 128.1 of title 42, or upon any licensed inspector's 13
finding of the existence of lead hazards in the property. 14
(b) Other rights or remedies. The right of a tenant to deposit rent in the registry of the court 15
does not preclude the tenant from pursuing any other right or remedy available to the tenant at law 16
or equity. 17
(c) Release of funds within the registry of the court. Money deposited within the registry 18
of the court shall be released to the property owner, or designee, upon the court's determination of 19
LC002542 - Page 2 of 3
compliance by the property owner with the applicable risk reduction standard and state lead 1
poisoning prevention laws. 2
(d) Notwithstanding subsection (c) of this section, the court shall release money from the 3
registry of the court to the tenant, or designee, if the tenant has incurred costs to comply with the 4
applicable risk reduction standard and state lead poisoning prevention laws on presentation of a bill 5
of the reasonable costs of complying with the applicable risk reduction standard or other state lead 6
poisoning prevention laws. Any money to be released under this subsection shall be subtracted 7
from the money to be released under subsection (c) of this section. 8
(e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be 9
terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects 10
to seek the remedies under this section. 11
SECTION 2. This act shall take effect upon passage. 12
========
LC002542
========
LC002542 - Page 3 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION
***
This act would establish an escrow account for tenants to deposit their rent whenever 1
the leased property is not compliant with the lead hazard mitigation law and which rent would 2
be released to the property owner upon compliance with the lead hazard mitigation law. 3
This act would take effect upon passage. 4
========
LC002542
========