AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION (Substitutes "housing resources commission" with "department of health" for lead hazard mitigation purposes. It also makes it easier for a property owner to release funds put into an escrow account, if needed to make required repairs or improvements.)

H7560

2026 -- H 7560
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LC004696
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION

Introduced By:
Representatives Casey, Lima, J. Brien, Chippendale, Phillips, Corvese,
Costantino, Noret, and Read

Date Introduced:
February 06, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 42-128.1-8, 42-128.1-11 and 42-128.1-14 of the General Laws in
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Chapter 42-128.1 entitled "Lead Hazard Mitigation" are hereby amended to read as follows:
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42-128.1-8. Duties of property owners of pre-1978 rental dwellings.
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(a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or
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have not been lead hazard abated shall comply with all the following requirements:
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(1) Learn about lead hazards by taking a lead hazard awareness seminar, themself or
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through a designated person;
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(2) Evaluate the dwelling unit and premises for lead hazards consistent with the
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requirements for a lead hazard control evaluation;
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(3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation
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standard;
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(4) Provide tenants: (i) Basic information about lead hazard control; (ii) A copy of the
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independent clearance inspection; and (iii) Information about how to give notice of deteriorating
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conditions; and
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(5) Correct lead hazards within thirty (30) days after notification from the tenant of a
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dwelling unit with an at-risk occupant, or as provided for by § 34-18-22.
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(b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk
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occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those
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requirements were not met by the previous owner at the time of transfer, provided that the new

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property owner has the property visually inspected within thirty (30) business days after assuming
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ownership to determine conformity with the lead hazard control standard.
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(c) The requirements for lead hazard mitigation shall apply to the first change in ownership
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or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at-
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risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a
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property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in
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tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise.
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(d) If the tenant receives no response to the notification to the property owner of
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deteriorating conditions affecting lead hazards, if the response is in the tenant’s opinion
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unsatisfactory, or if the remedy performed is in the tenant’s opinion unsatisfactory, the tenant may
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request a review of the matter by the department of health. After its review of the matter, the
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department of health shall either send notice to the property owner in which notice shall be issued
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in a manner substantially similar to a notice of violation issued by the director pursuant to the
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Housing Maintenance Code, chapter 24.3 of title 45, or promptly inform the tenant of the reasons
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why the notice is not being issued.
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(e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common
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areas in condominium complexes that are owned and operated by condominium associations, or to
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pre-1978 rental dwelling units that are:
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(1) Lead-safe or lead free;
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(2) Temporary housing;
or
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(3) Elderly housing
.
; or
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(4) [Deleted by P.L. 2023, ch. 103, § 1 and P.L. 2023, ch. 104, § 1.]
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(5) Do not house or contain an at-risk occupant.
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(f) The department of health shall report to the legislature annually on the number of
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children who are lead poisoned in any of the exempted dwelling units as referred to in subsection
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(e) of this section.
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(g) Nothing contained herein shall be construed to prevent an owner who is seeking to
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obtain lead liability insurance coverage in the policy from complying with the provisions of this
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chapter, by securing and maintaining a valid and in force letter of compliance or conformance in
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force.
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42-128.1-11. Enforcement.
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(a)
The standards for lead hazard control and for lead hazard mitigation in pre-1978
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housing shall be considered basic housing standards and shall be enforceable through the provisions
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of this chapter and through procedures established in chapter 24.2 of title 45 and chapter 24.3 of

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title 45.
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(b)
Minimum Housing Standards and Housing Maintenance and Occupancy Code.
In
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order to establish consistency between state and local programs pertaining to enforcement of
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standards for housing and housing occupancy and to provide for broadly available, multiple means
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of identifying instances of noncompliance with this chapter and enforcing the requirements of this
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chapter, the
department of health shall undertake consistent with § 34-18-58.

following provisions
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regarding Minimum Housing Standards and the Housing Maintenance and Occupancy Code shall
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be effective:
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(1) The ordinances, rules, and regulations for “Minimum Housing Standards” adopted
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pursuant to § 45-24.2-3 shall, on or before November 1, 2005, include provisions for lead hazard
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control.
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(2) The Housing Maintenance and Occupancy Code, established by chapter 24.3 of title
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45, shall, effective November 1, 2005, include provisions consistent with a continuing and ongoing
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responsibility for lead hazard mitigation as required by the department of health standards.
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(c) In any private action where a property owner is found to have violated § 42-128.1-1 et
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seq., or any rules or regulations derived therefrom, the property owner is subject to damages, which
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may include double or treble the actual damages found, as well as reasonable attorneys’ fees.
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Nothing herein should be construed as excluding other remedies in law or equity.
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42-128.1-14. Escrow account.
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(a) Notwithstanding any general law, public law, special law, or any agreement, whether
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written or oral, a tenant may file a petition to deposit the tenant’s rent in an escrow account in the
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district court with jurisdiction of the leased property, whenever the leased property is not compliant
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with the risk reduction provisions of this chapter, including, but not limited to, the requirement for
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a valid certificate of conformance, any rules or regulations derived therefrom, or upon any licensed
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inspector’s finding of the existence of lead hazards in the property. Upon the petition to the district
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court, and after notice to the owner of the premises and a hearing thereon, the district court shall
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order the deposit of the tenant’s rent within the registry of the court, consistent with district court
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rules of procedure, upon a determination that the leased property is not compliant with the risk
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reduction provisions of this chapter, or upon any licensed inspector’s finding of the existence of
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lead hazards in the property.
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(b)
Other rights or remedies.
The right of a tenant to deposit rent in the registry of the
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court does not preclude the tenant from pursuing any other right or remedy available to the tenant
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at law or equity.
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(c)
Release of funds within the registry of the court.
Money deposited within the registry

LC004696 - Page 3 of 5
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of the court shall be released to the property owner, or designee, upon the court’s determination of
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compliance by the property owner with the applicable risk reduction standard and state lead
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poisoning prevention laws
or upon a finding that the release of the money to the owner is necessary
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to effectuate any repairs or improvements needed to the property to bring it into compliance with
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the lead laws, and/or to repair any lead hazard(s)
.
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(d) Notwithstanding subsection (c), the court
shall

may
release money from the registry of
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the court to the tenant, or designee, if the tenant has incurred costs to comply with the applicable
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risk reduction standard and state lead poisoning prevention laws on presentation of a bill of the
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reasonable costs of complying with the applicable risk reduction standard or other state lead
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poisoning prevention laws.
Provided, however that, a tenant has provided adequate written notice
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of its intent to conduct any repairs or remediation to the landlord, and the landlord has willfully
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failed to take corrective action or failed to respond within a reasonable timeframe.
Any money to
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be released under this subsection shall be subtracted from the money to be released under
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subsection (c).
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(e)
Retaliatory actions prohibited.
A lessee may not be evicted, the tenancy may not be
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terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects
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to seek the remedies under this section.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION
***
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This act would substitute "housing resources commission" with the "department of health"
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for lead hazard mitigation purposes. It would also make it easier for a property owner to release
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funds placed into an escrow account, as long as the money is needed to make required repairs or
4
improvements.
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This act would take effect upon passage.
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