| Chapter 085 |
| 2023 -- H 6238 SUBSTITUTE A Enacted 06/19/2023 |
| A N A C T |
| RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION |
Introduced By: Representatives Morales, Craven, McEntee, Dawson, Speakman, Caldwell, Batista, Stewart, Casimiro, and Felix |
| Date Introduced: March 30, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 42-128.1 of the General Laws entitled "Lead Hazard Mitigation" is |
| hereby amended by adding thereto the following section: |
| 42-128.1-14. Escrow account. |
| (a) Notwithstanding any general law, public law, special law, or any agreement, whether |
| written or oral, a tenant may file a petition to deposit their the tenant’s rent in an escrow account |
| in the district court with jurisdiction of the leased property, whenever the leased property is not |
| compliant with the risk reduction provisions of chapter 128.1 of title 42 this chapter, including, |
| but not limited to,: the requirement for a valid certificate of conformance,;, any rules or regulations |
| derived therefrom,;, or upon any licensed inspector's finding of the existence of lead hazards in the |
| property. Upon the petition to the district court, and after notice to the owner of the premises and a |
| hearing thereon, the district court shall order the deposit of the tenant's rent within the registry of |
| the court, consistent with district court rules of procedure, upon a determination that the leased |
| property is not compliant with the risk reduction provisions of chapter 128.1 of title 42 this chapter, |
| or upon any licensed inspector's finding of the existence of lead hazards in the property. |
| (b) Other rights or remedies. The right of a tenant to deposit rent in the registry of the court |
| does not preclude the tenant from pursuing any other right or remedy available to the tenant at law |
| or equity. |
| (c) Release of funds within the registry of the court. Money deposited within the registry |
| of the court shall be released to the property owner, or designee, upon the court's determination of |
| compliance by the property owner with the applicable risk reduction standard and state lead |
| poisoning prevention laws. |
| (d) Notwithstanding subsection (c) of this section, the court shall release money from the |
| registry of the court to the tenant, or designee, if the tenant has incurred costs to comply with the |
| applicable risk reduction standard and state lead poisoning prevention laws on presentation of a bill |
| of the reasonable costs of complying with the applicable risk reduction standard or other state lead |
| poisoning prevention laws. Any money to be released under this subsection shall be subtracted |
| from the money to be released under subsection (c) of this section. |
| (e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be |
| terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects |
| to seek the remedies under this section. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC002582/SUB A |
| ======== |