Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0491 Compare Versions

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

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5	5	2025 -- S 0491
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7	7	LC001739
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION
16	16	Introduced By: Senators Ciccone, Tikoian, and Urso
17	17	Date Introduced: February 26, 2025
18	18	Referred To: Senate Housing & Municipal Government
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 42-128.1-8, 42-128.1-11 and 42-128.1-14 of the General Laws in 1
23	23	Chapter 42-128.1 entitled "Lead Hazard Mitigation" are hereby amended to read as follows: 2
24	24	42-128.1-8. Duties of property owners of pre-1978 rental dwellings. 3
25	25	(a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or 4
26	26	have not been lead hazard abated shall comply with all the following requirements: 5
27	27	(1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or herself 6
28	28	or through a designated person; 7
29	29	(2) Evaluate the dwelling unit and premises for lead hazards consistent with the 8
30	30	requirements for a lead hazard control evaluation; 9
31	31	(3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation 10
32	32	standard; 11
33	33	(4) Provide tenants: (i) Basic information about lead hazard control; (ii) A copy of the 12
34	34	independent clearance inspection; and (iii) Information about how to give notice of deteriorating 13
35	35	conditions; 14
36	36	(5) Correct lead hazards within thirty (30) days after notification from the tenant of a 15
37	37	dwelling unit with an at-risk occupant, or as provided for by § 34-18-22. 16
38	38	(b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk 17
39	39	occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those 18
40	40	requirements were not met by the previous owner at the time of transfer, provided that the new 19
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44	44	property owner has the property visually inspected within thirty (30) business days after assuming 1
45	45	ownership to determine conformity with the lead hazard control standard. 2
46	46	(c) The requirements for lead hazard mitigation shall apply to the first change in ownership 3
47	47	or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at-4
48	48	risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a 5
49	49	property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in 6
50	50	tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise. 7
51	51	(d) If the tenant receives no response to the notification to the property owner of 8
52	52	deteriorating conditions affecting lead hazards, if the response is in the tenant’s opinion 9
53	53	unsatisfactory, or if the remedy performed is in the tenant’s opinion unsatisfactory, the tenant may 10
54	54	request a review of the matter by the housing resources commission department of health. After its 11
55	55	review of the matter, the housing resources commission department of health shall either send 12
56	56	notice to the property owner in which notice shall be issued in a manner substantially similar to a 13
57	57	notice of violation issued by the director pursuant to the Housing Maintenance Code, chapter 24.3 14
58	58	of title 45, or promptly inform the tenant of the reasons why the notice is not being issued. 15
59	59	(e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common 16
60	60	areas in condominium complexes that are owned and operated by condominium associations, or to 17
61	61	pre-1978 rental dwelling units that are: 18
62	62	(1) Lead-safe or lead free; 19
63	63	(2) Temporary housing; or 20
64	64	(3) Elderly housing; or 21
65	65	(4) [Deleted by P.L. 2023, ch. 103, § 1 and P.L. 2023, ch. 104, § 1.] 22
66	66	(5) Do not house or contain an at-risk occupant. 23
67	67	(f) The department of health shall report to the legislature annually on the number of 24
68	68	children who are lead poisoned in any of the exempted dwelling units as referred to in subsection 25
69	69	(e) of this section. 26
70	70	(g) Nothing contained herein shall be construed to prevent an owner who is seeking to 27
71	71	obtain lead liability insurance coverage in the policy from complying with the provisions of this 28
72	72	chapter, by securing and maintaining a valid and in force letter of compliance or conformance in 29
73	73	force. 30
74	74	42-128.1-11. Enforcement. 31
75	75	(a) The standards for lead hazard control and for lead hazard mitigation in pre-1978 32
76	76	housing shall be considered basic housing standards and shall be enforceable through the provisions 33
77	77	of this chapter and through procedures established in chapter 24.2 of title 45 and chapter 24.3 of 34
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81	81	title 45. 1
82	82	(b) Minimum Housing Standards and Housing Maintenance and Occupancy Code. In 2
83	83	order to establish consistency between state and local programs pertaining to enforcement of 3
84	84	standards for housing and housing occupancy and to provide for broadly available, multiple means 4
85	85	of identifying instances of noncompliance with this chapter and enforcing the requirements of this 5
86	86	chapter, the department of health shall undertake consistent with § 34-18-58. following provisions 6
87	87	regarding Minimum Housing Standards and the Housing Maintenance and Occupancy Code shall 7
88	88	be effective: 8
89	89	(1) The ordinances, rules, and regulations for “Minimum Housing Standards” adopted 9
90	90	pursuant to § 45-24.2-3 shall, on or before November 1, 2005, include provisions for lead hazard 10
91	91	control. 11
92	92	(2) The Housing Maintenance and Occupancy Code, established by chapter 24.3 of title 12
93	93	45, shall, effective November 1, 2005, include provisions consistent with a continuing and ongoing 13
94	94	responsibility for lead hazard mitigation as required by the department of health standards. 14
95	95	(c) In any private action where a property owner is found to have violated § 42-128.1-1 et 15
96	96	seq., or any rules or regulations derived therefrom, the property owner is subject to damages, which 16
97	97	may include double or treble the actual damages found, as well as reasonable attorneys’ fees. 17
98	98	Nothing herein should be construed as excluding other remedies in law or equity. 18
99	99	42-128.1-14. Escrow account. 19
100	100	(a) Notwithstanding any general law, public law, special law, or any agreement, whether 20
101	101	written or oral, a tenant may file a petition to deposit the tenant’s rent in an escrow account in the 21
102	102	district court with jurisdiction of the leased property, whenever the leased property is not compliant 22
103	103	with the risk reduction provisions of this chapter, including, but not limited to, the requirement for 23
104	104	a valid certificate of conformance, any rules or regulations derived therefrom, or upon any licensed 24
105	105	inspector’s finding of the existence of lead hazards in the property. Upon the petition to the district 25
106	106	court, and after notice to the owner of the premises and a hearing thereon, the district court shall 26
107	107	order the deposit of the tenant’s rent within the registry of the court, consistent with district court 27
108	108	rules of procedure, upon a determination that the leased property is not compliant with the risk 28
109	109	reduction provisions of this chapter, or upon any licensed inspector’s finding of the existence of 29
110	110	lead hazards in the property. 30
111	111	(b) Other rights or remedies. The right of a tenant to deposit rent in the registry of the 31
112	112	court does not preclude the tenant from pursuing any other right or remedy available to the tenant 32
113	113	at law or equity. 33
114	114	(c) Release of funds within the registry of the court. Money deposited within the registry 34
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118	118	of the court shall be released to the property owner, or designee, upon the court’s determination of 1
119	119	compliance by the property owner with the applicable risk reduction standard and state lead 2
120	120	poisoning prevention laws or upon a finding that the release of the money to the owner is necessary 3
121	121	to effectuate any repairs or improvements needed to the property to bring it into compliance with 4
122	122	the lead laws, and/or to repair any lead hazard(s). 5
123	123	(d) Notwithstanding subsection (c), the court shall may release money from the registry of 6
124	124	the court to the tenant, or designee, if the tenant has incurred costs to comply with the applicable 7
125	125	risk reduction standard and state lead poisoning prevention laws on presentation of a bill of the 8
126	126	reasonable costs of complying with the applicable risk reduction standard or other state lead 9
127	127	poisoning prevention laws. Provided, however that, a tenant has provided adequate written notice 10
128	128	of its intent to conduct any repairs or remediation to the landlord, and the landlord has willfully 11
129	129	failed to take corrective action or failed to respond within a reasonable timeframe. Any money to 12
130	130	be released under this subsection shall be subtracted from the money to be released under 13
131	131	subsection (c). 14
132	132	(e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be 15
133	133	terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects 16
134	134	to seek the remedies under this section. 17
135	135	SECTION 2. This act shall take effect upon passage. 18
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142	142	EXPLANATION
143	143	BY THE LEGISLATIVE COUNCIL
144	144	OF
145	145	A N A C T
146	146	RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION
147	147	***
148	148	This act would substitute "housing resources commission" with the "department of health" 1
149	149	for lead hazard mitigation purposes. It would also make it easier for a property owner to release 2
150	150	funds placed into an escrow account, as long as the money is needed to make required repairs or 3
151	151	improvements. 4
152	152	This act would take effect upon passage. 5
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