Allows a landlord that did not obtain a lead certificate pursuant to the lead mitigation laws of chapter 128.1 of title 42 due to the fact that the state lacks the adequate resources to conduct inspections.
Impact
The implications of HB 5721 are significant for both landlords and tenants. By allowing landlords to self-certify their compliance with lead mitigation laws, the bill seeks to reduce the burden on property owners while balancing the critical need for safety in housing. However, it raises concerns regarding the adequacy of self-certification as a measure to ensure that properties are free from lead hazards. This may have repercussions for tenant safety and health, especially in older properties where lead hazards are more prevalent.
Summary
House Bill 5721 addresses the issue of lead hazard mitigation by providing a safe harbor provision for landlords. The bill acknowledges the current challenges faced by landlords in obtaining a lead certificate due to insufficient state resources to conduct inspections. Specifically, it allows landlords who have been unable to comply with lead mitigation law requirements to self-certify that they have followed the necessary laws as of September 1, 2024. If the self-certification conditions are met, these landlords will not face fines for failing to obtain the lead certificate due to the state’s lack of inspections.
Enactment
Should HB 5721 be enacted, it will modify existing statutes under Chapter 42-128.1 of the General Laws regarding lead hazard mitigation, specifically concerning the enforcement capabilities and penalties it provides for non-compliance. This change aims to centralize the regulatory focus on improving state resources for inspections while providing a mechanism for landlords to remain compliant with the law under present circumstances.
Contention
One notable point of contention surrounding HB 5721 is the potential risk to tenant safety. Critics may argue that allowing self-certification can lead to non-compliance and unchecked lead hazards in housing that may endanger residents, particularly vulnerable populations like children. Proponents of the bill, however, may contend that it recognizes the practical difficulties landlords face and provides a necessary temporary solution until the state can enhance its inspection capabilities.
Exempts used vehicles sold "for parts only" or purchased at end of their lease term by the current lessee that have a valid certificate of inspection affixed to the windshield, from the requirement that dealers of used vehicles conduct a new inspection.
Provides that supported decision-making pursuant to chapter 66.13 of title 42 be added to the Limited Guardianship and Guardianship of Adults forms section as one of the less restrictive alternatives to guardianship that have been explored.
Requires that any lease of tidal lands, or any license issued to use those lands, be approved by the general assembly, and that the coastal resources management council review all request prior to presentation to the general assembly.
Requires renovation projects of pre-1978 buildings to comply with provisions of chapter 24.6 of title 23 and chapter 21 of title 28, and require presence of lead inspector and supervisor and require lead training. DLT would ensure compliance.