§ 42-128.1-8 - Duties of property owners of pre-1978 rental dwellings.
SECTION 42-128.1-8
§ 42-128.1-8 Duties of property owners ofpre-1978 rental dwellings. – (a) Property owners of pre-1978 rental dwellings, which have not been made leadsafe or have not been lead hazard abated shall comply with all the followingrequirements:
(1) Learn about lead hazards by taking a lead hazardawareness seminar, himself or herself or through a designated person;
(2) Evaluate the dwelling unit and premises for lead hazardsconsistent with the requirements for a lead hazard control evaluation;
(3) Correct identified lead hazards by meeting andmaintaining the lead hazard mitigation standard;
(4) Provide tenants: (i) basic information about lead hazardcontrol; (ii) a copy of the independent clearance inspection; and (iii)information about how to give notice of deteriorating conditions;
(5) Correct lead hazards within thirty (30) days afternotification from the tenant of a dwelling unit with an at risk occupant, or asprovided for by § 34-18-22.
(b) New property owners of a pre-1978 rental dwelling that isoccupied by an at risk occupant shall have up to sixty (60) days to meetrequirements for lead hazard mitigation, if those requirements were not met bythe previous owner at the time of transfer, provided that the new propertyowner has the property visually inspected within thirty (30) business daysafter assuming ownership to determine conformity with the lead hazard controlstandard.
(c) The requirements for lead hazard mitigation shall applyto the first change in ownership or tenancy after November 1, 2005; providedfurther, that unless requested and agreed to by an at-risk occupant, meetingthe lead hazard mitigation standard shall not be construed to authorize aproperty owner to compel or cause a person, who is in tenancy on January 1,2004, and remains in tenancy continuously thereafter, to vacate a rental unittemporarily or otherwise.
(d) If the tenant receives no response to the notification tothe property owner of deteriorating conditions affecting lead hazards, if theresponse is in the tenant's opinion unsatisfactory, or if the remedy performedis in the tenant's opinion unsatisfactory, the tenant may request a review ofthe matter by the housing resources commission. After its review of the matter,the housing resources commission shall either send notice to the property ownerin which notice shall be issued in a manner substantially similar to a noticeof violation issued by the director pursuant to the Housing Maintenance Code,chapter 24.3 of title 45, or promptly inform the tenant of the reasons why thenotice is not being issued.
(e) Notwithstanding the foregoing, the provisions of thischapter shall not apply to common areas in condominium complexes that are ownedand operated by condominium associations, or to pre-1978 rental dwelling unitsthat are:
(1) Lead-safe or lead free; or
(2) Temporary housing; or
(3) Elderly housing; or
(4) Comprised of two (2) or three (3) units, one of which isoccupied by the property owner; or
The department of health shall report to the legislatureannually on the number of children who are lead poisoned in any of the exempteddwelling units as referred to in subdivision (e)(4) of this section.
Nothing contained herein shall be construed to prevent anowner who is seeking to obtain lead liability insurance coverage in the policyfrom complying with the provisions of this chapter, by securing and maintaininga valid and in force letter of compliance or conformance in force.