Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0739 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0739
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7	7	LC002543
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION
16	16	Introduced By: Senators Lawson, Euer, Cano, McKenney, Murray, Lauria, Miller, Britto,
17	17	and Mack
18	18	Date Introduced: March 22, 2023
19	19	Referred To: Senate Judiciary
20	20	(Attorney General)
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-128.1-11 of the General Laws in Chapter 42-128.1 entitled "Lead 1
24	24	Hazard Mitigation" is hereby amended to read as follows: 2
25	25	42-128.1-11. Enforcement. 3
26	26	(a) The standards for lead hazard control and for lead hazard mitigation in pre-1978 4
27	27	housing shall be considered basic housing standards and shall be enforceable through the provisions 5
28	28	of this chapter and through procedures established in chapter 24.2 of title 45 and chapter 24.3 of 6
29	29	title 45. 7
30	30	(b) Minimum Housing Standards and Housing Maintenance and Occupancy Code. In order 8
31	31	to establish consistency between state and local programs pertaining to enforcement of standards 9
32	32	for housing and housing occupancy and to provide for broadly available, multiple means of 10
33	33	identifying instances of noncompliance with this chapter and enforcing the requirements of this 11
34	34	chapter, the following provisions regarding Minimum Housing Standards and Housing 12
35	35	Maintenance and Occupancy Code shall be effective: 13
36	36	(1) The ordinances, rules, and regulations for “Minimum Housing Standards” adopted 14
37	37	pursuant to § 45-24.2-3 shall, on or before November 1, 2005, include provisions for lead hazard 15
38	38	control. 16
39	39	(2) The Housing Maintenance and Occupancy Code, established by chapter 24.3 of title 17
40	40	23, shall, effective November 1, 2005, include provisions consistent with a continuing and ongoing 18
41	41	responsibility for lead hazard mitigation as required by the department of health standards. 19
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44	44	LC002543 - Page 2 of 3
45	45	(c) In any private action where a property owner is found to have violated § 42-128.1-1 et 1
46	46	seq., or any rules or regulations derived therefrom, the property owner is subject to damages, which 2
47	47	may include double or treble the actual damages found, as well as reasonable attorneys' fees. 3
48	48	Nothing herein should be construed as excluding other remedies in law or equity. 4
49	49	SECTION 2. This act shall take effect upon passage. 5
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51	51	LC002543
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56	56	EXPLANATION
57	57	BY THE LEGISLATIVE COUNCIL
58	58	OF
59	59	A N A C T
60	60	RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION
61	61	***
62	62	This act would allow for a property owner who fails to comply with lead hazard mitigation 1
63	63	provisions to be subject to damages and reasonable attorneys' fees. 2
64	64	This act would take effect upon passage. 3
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66	66	LC002543
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