Chapter 084
2023 -- S 0739
Enacted 06/19/2023

A N   A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION

Introduced By: Senators Lawson, Euer, Cano, McKenney, Murray, Lauria, Miller, Britto, and Mack

Date Introduced: March 22, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Section 42-128.1-11 of the General Laws in Chapter 42-128.1 entitled "Lead
Hazard Mitigation" is hereby amended to read as follows:
     42-128.1-11. Enforcement.
     (a) The standards for lead hazard control and for lead hazard mitigation in pre-1978
housing shall be considered basic housing standards and shall be enforceable through the provisions
of this chapter and through procedures established in chapter 24.2 of title 45 and chapter 24.3 of
title 45.
     (b) Minimum Housing Standards and Housing Maintenance and Occupancy Code. In order
to establish consistency between state and local programs pertaining to enforcement of standards
for housing and housing occupancy and to provide for broadly available, multiple means of
identifying instances of noncompliance with this chapter and enforcing the requirements of this
chapter, the following provisions regarding Minimum Housing Standards and The Housing
Maintenance and Occupancy Code shall be effective:
     (1) The ordinances, rules, and regulations for “Minimum Housing Standards” adopted
pursuant to § 45-24.2-3 shall, on or before November 1, 2005, include provisions for lead hazard
control.
     (2) The Housing Maintenance and Occupancy Code, established by chapter 24.3 of title 23
45, shall, effective November 1, 2005, include provisions consistent with a continuing and ongoing
responsibility for lead hazard mitigation as required by the department of health standards.
     (c) In any private action where a property owner is found to have violated § 42-128.1-1 et
seq., or any rules or regulations derived therefrom, the property owner is subject to damages, which
may include double or treble the actual damages found, as well as reasonable attorneys' fees.
Nothing herein should be construed as excluding other remedies in law or equity.
     SECTION 2. This act shall take effect upon passage.
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LC002543
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