Rhode Island law requires lead inspectors to file lead certificates for pre-1978 rental properties after inspecting them. A newer law requires property owners to register their pre-1978 rental properties by October 1, 2024 with a new Department of Health registry that is in the process of being created. Governor McKee filed legislation to postpone the law for a year, but it did not pass.
Registration applies to owner-occupied and non-owner-occupied properties and will require:
▪contact information for the landlord and the property manager, if any.
▪lead certificates for each unit or proof that an exemption applies.
Exemptions:
- Rental units with a full Lead-Safe Certificate from the Rhode Island Department of Health (RIDOH),
- Rental units with a current conditional Lead-Safe Certificate from RIDOH,
- Rental units with a Certifications of Lead-Free Status from RIDOH,
- Temporary, seasonal housing rented to the same tenant for no more than 100 days in a calendar year, and
- Housing specifically for residents aged 62 or older.
RIDOH just received funding to create the new registry in July, so it is possible that the new registry could be delayed. If there are any delays, make sure that your lead inspector files lead certificates with the existing lead registry by October 1, 2024.
Penalties:
Took effect in 2023.
- Tenants can petition a court to pay their rent into a court managed escrow account. The landlord cannot evict tenant for non-payment of rent or retaliate. (webserver.rilegislature.gov//Statutes/TITLE42/42-128.1/42-128.1-14.htm)
- Penalties for violation of lead laws have increased to double and treble damages plus attorney’s fees webserver.rilegislature.gov//Statutes/TITLE42/42-128.1/42-128.1-11.htm
▪After October 1, 2024,
▪Landlords cannot file an eviction action for non-payment of rent until the rental is brought into compliance.
▪Civil fines enforced by RIDOH and the Attorney General.
▪Injunctive relief to require the landlord to comply.
Click here for a RIDOH guide for rental property owners.
REALTORS®: For more information about the lead laws, please contact the RIAR Legal Department at 401-432-6945 or email [email protected]. If you are not a member of our association, please contact the Rhode Island Department of Health.