The bill amends Section 42-128.1-11 of the General Laws in Chapter 42-128.1 entitled "Lead Hazard Mitigation" to strengthen enforcement measures for lead hazard control and mitigation in pre-1978 housing. The amendments include making lead hazard control standards enforceable through existing chapters of the law and requiring local ordinances, rules, and regulations to include provisions for lead hazard control by November 1, 2005. Additionally, the Housing Maintenance and Occupancy Code must include provisions for ongoing lead hazard mitigation consistent with the department of health standards.
A significant insertion to the law is the addition of a new subsection (c), which stipulates that in any private legal action where a property owner is found to have violated lead hazard mitigation laws or related rules, the property owner may be subject to damages, including double or treble the actual damages, as well as reasonable attorneys' fees. This clause emphasizes that other legal remedies may still be available. The act is set to take effect immediately upon passage, indicating the urgency of enforcing lead hazard mitigation standards to protect public health.
Statutes affected: 739: 42-128.1-11