2023 -- H 5946

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LC002194

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS IN GOVERNMENT -- LEAD HAZARD MITIGATION

     

     Introduced By: Representatives Voas, Giraldo, O'Brien, Morales, Casimiro, DeSimone,
Solomon, and Kazarian

     Date Introduced: March 01, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-128.1-8 of the General Laws in Chapter 42-128.1 entitled "Lead

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Hazard Mitigation" is hereby amended to read as follows:

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     42-128.1-8. Duties of property owners of pre-1978 rental dwellings.

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     (a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or

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have not been lead hazard abated shall comply with all the following requirements:

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     (1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or herself

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or through a designated person;

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     (2) Evaluate the dwelling unit and premises for lead hazards consistent with the

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requirements for a lead hazard control evaluation;

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     (3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation

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standard;

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     (4) Provide tenants: (i) basic information about lead hazard control; (ii) a copy of the

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independent clearance inspection; and (iii) information about how to give notice of deteriorating

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conditions;

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     (5) Correct lead hazards within thirty (30) days after notification from the tenant of a

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dwelling unit with an at risk occupant, or as provided for by § 34-18-22.

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     (b) New property owners of a pre-1978 rental dwelling that is occupied by an at risk

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occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those

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requirements were not met by the previous owner at the time of transfer, provided that the new

 

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property owner has the property visually inspected within thirty (30) business days after assuming

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ownership to determine conformity with the lead hazard control standard.

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     (c) The requirements for lead hazard mitigation shall apply to the first change in ownership

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or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at-

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risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a

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property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in

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tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise.

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     (d) If the tenant receives no response to the notification to the property owner of

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deteriorating conditions affecting lead hazards, if the response is in the tenant’s opinion

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unsatisfactory, or if the remedy performed is in the tenant’s opinion unsatisfactory, the tenant may

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request a review of the matter by the housing resources commission. After its review of the matter,

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the housing resources commission shall either send notice to the property owner in which notice

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shall be issued in a manner substantially similar to a notice of violation issued by the director

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pursuant to the Housing Maintenance Code, chapter 24.3 of title 45, or promptly inform the tenant

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of the reasons why the notice is not being issued.

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     (e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common

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areas in condominium complexes that are owned and operated by condominium associations, or to

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pre-1978 rental dwelling units that are:

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     (1) Lead-safe or lead free; or

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     (2) Temporary housing; or

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     (3) Elderly housing; or.

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     (4) Comprised of two (2) or three (3) units, one of which is occupied by the property owner;

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or

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     (f) The department of health shall report to the legislature annually on the number of

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children who are lead poisoned in any of the exempted dwelling units as referred to in subdivision

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subsection (e)(4) of this section.

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     (g) Nothing contained herein shall be construed to prevent an owner who is seeking to

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obtain lead liability insurance coverage in the policy from complying with the provisions of this

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chapter, by securing and maintaining a valid and in force letter of compliance or conformance in

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force.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS IN GOVERNMENT -- LEAD HAZARD MITIGATION

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     This act would relieve property owners from implementing lead hazard mitigation for pre-

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1978 rental dwelling units that are comprised of two (2) or three (3) units, one of which is occupied

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by the property owner.

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     This act would take effect upon passage.

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