R.I. Gen. Laws ch. 42-128.1 § 42-128.1-11

Enforcement

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026Rhode IslandLead-Based Paint

Operative Text

R.I. Gen. Laws ch. 42-128.1 § 42-128.1-11
(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.
Source: Legislative text reproduced verbatim
Plain English

Section 42-128.1-11 of Rhode Island General Laws establishes that lead hazard control and mitigation standards in pre-1978 housing are treated as basic housing standards, enforceable through multiple overlapping legal frameworks including state and local housing codes. Local ordinances were required to incorporate lead hazard control provisions by November 1, 2005, and the Housing Maintenance and Occupancy Code was similarly updated to reflect ongoing lead hazard mitigation responsibilities. In private civil actions, a property owner found to have violated this chapter may face actual damages that a court can multiply to double or treble the amount, plus reasonable attorneys' fees, and other legal or equitable remedies remain available as well.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Under § 42-128.1-11, compliant property owners of pre-1978 housing generally ensure their properties meet lead hazard control and mitigation standards, which are now embedded in both state Minimum Housing Standards and the Housing Maintenance and Occupancy Code. Because enforcement can be triggered through multiple channels — including local housing inspections and private civil lawsuits — operators typically maintain documentation of lead hazard assessments and any remediation work performed. The civil damages provision in subsection (c), which allows courts to award double or treble actual damages plus attorneys' fees, underscores the financial exposure associated with noncompliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 42-128.1-11 gives tenants in pre-1978 housing multiple avenues to address lead hazard violations, since these standards are enforceable through both local housing code inspections and private civil legal action. Tenants who believe a property owner has violated the lead hazard requirements of R.I. Gen. Laws ch. 42-128.1 may consider filing a complaint with local housing authorities, raising the violation in a legal proceeding, or consulting a tenant-rights organization to understand available options. The provision explicitly allows courts in private actions to award double or treble actual damages along with reasonable attorneys' fees, and it preserves any other remedies that may exist under law or equity.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

R.I. Gen. Laws ch. 42-128.1
R.I. Gen. Laws ch. 42-128.1
R.I. Gen. Laws § 42-128.1-6
R.I. Gen. Laws ch. 42-128.1
R.I. Gen. Laws § 42-128.1-1
R.I. Gen. Laws § 42-128.1-8
R.I. Gen. Laws § 42-128.1-8
R.I. Gen. Laws § 42-128.1-13
R.I. Gen. Laws § 42-128.1-7
R.I. Gen. Laws ch. 42-128.1
R.I. Gen. Laws ch. 42-128.1

Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

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