Chapter 086 |
2023 -- S 0729 AS AMENDED Enacted 06/19/2023 |
A N A C T |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION |
Introduced By: Senators Mack, Acosta, Euer, McKenney, Bell, Britto, Lawson, DiMario, Kallman, and Gu |
Date Introduced: March 22, 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. |
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LC002542 |
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