Title 42
State Affairs and Government

Chapter 128.1
Lead Hazard Mitigation

R.I. Gen. Laws § 42-128.1-11

§ 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 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.

History of Section.
P.L. 2002, ch. 187, § 3; P.L. 2002, ch. 188, § 3; P.L. 2004, ch. 221, § 2; P.L. 2004, ch. 223, § 2; P.L. 2005, ch. 142, § 2; P.L. 2005, ch. 143, § 2; P.L. 2023, ch. 83, § 1, effective June 19, 2023; P.L. 2023, ch. 84, § 1, effective June 19, 2023.