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 | |
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Introduced By: Representatives Voas, Giraldo, O'Brien, Morales, Casimiro, DeSimone, | |
Date Introduced: March 01, 2023 | |
Referred To: House Municipal Government & Housing | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-128.1-8 of the General Laws in Chapter 42-128.1 entitled "Lead |
2 | Hazard Mitigation" is hereby amended to read as follows: |
3 | 42-128.1-8. Duties of property owners of pre-1978 rental dwellings. |
4 | (a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or |
5 | have not been lead hazard abated shall comply with all the following requirements: |
6 | (1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or herself |
7 | or through a designated person; |
8 | (2) Evaluate the dwelling unit and premises for lead hazards consistent with the |
9 | requirements for a lead hazard control evaluation; |
10 | (3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation |
11 | standard; |
12 | (4) Provide tenants: (i) basic information about lead hazard control; (ii) a copy of the |
13 | independent clearance inspection; and (iii) information about how to give notice of deteriorating |
14 | conditions; |
15 | (5) Correct lead hazards within thirty (30) days after notification from the tenant of a |
16 | dwelling unit with an at risk occupant, or as provided for by § 34-18-22. |
17 | (b) New property owners of a pre-1978 rental dwelling that is occupied by an at risk |
18 | occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those |
19 | requirements were not met by the previous owner at the time of transfer, provided that the new |
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1 | property owner has the property visually inspected within thirty (30) business days after assuming |
2 | ownership to determine conformity with the lead hazard control standard. |
3 | (c) The requirements for lead hazard mitigation shall apply to the first change in ownership |
4 | or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at- |
5 | risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a |
6 | property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in |
7 | tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise. |
8 | (d) If the tenant receives no response to the notification to the property owner of |
9 | deteriorating conditions affecting lead hazards, if the response is in the tenant’s opinion |
10 | unsatisfactory, or if the remedy performed is in the tenant’s opinion unsatisfactory, the tenant may |
11 | request a review of the matter by the housing resources commission. After its review of the matter, |
12 | the housing resources commission shall either send notice to the property owner in which notice |
13 | shall be issued in a manner substantially similar to a notice of violation issued by the director |
14 | pursuant to the Housing Maintenance Code, chapter 24.3 of title 45, or promptly inform the tenant |
15 | of the reasons why the notice is not being issued. |
16 | (e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common |
17 | areas in condominium complexes that are owned and operated by condominium associations, or to |
18 | pre-1978 rental dwelling units that are: |
19 | (1) Lead-safe or lead free; or |
20 | (2) Temporary housing; or |
21 | (3) Elderly housing; or. |
22 | (4) Comprised of two (2) or three (3) units, one of which is occupied by the property owner; |
23 | or |
24 | (f) The department of health shall report to the legislature annually on the number of |
25 | children who are lead poisoned in any of the exempted dwelling units as referred to in subdivision |
26 | subsection (e)(4) of this section. |
27 | (g) Nothing contained herein shall be construed to prevent an owner who is seeking to |
28 | obtain lead liability insurance coverage in the policy from complying with the provisions of this |
29 | chapter, by securing and maintaining a valid and in force letter of compliance or conformance in |
30 | force. |
31 | 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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1 | This act would relieve property owners from implementing lead hazard mitigation for pre- |
2 | 1978 rental dwelling units that are comprised of two (2) or three (3) units, one of which is occupied |
3 | by the property owner. |
4 | This act would take effect upon passage. |
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