| 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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