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.
========
LC002542
========