R.I. Gen. Laws ch. 42-128.1 § 42-128.1-8

Duties of property owners of pre-1978 rental dwellings

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 § 42-128.1-8
(a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or
have not been lead hazard abated shall comply with all the following requirements:


(1) Learn about lead hazards by taking a lead hazard awareness seminar, themself or through
a designated person;


(2) Evaluate the dwelling unit and premises for lead hazards consistent with the requirements
for a lead hazard control evaluation;


(3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation
standard;


(4) Provide tenants: (i) Basic information about lead hazard control; (ii) A copy of the
independent clearance inspection; and (iii) Information about how to give notice of
deteriorating conditions; and


(5) Correct lead hazards within thirty (30) days after notification from the tenant of
a dwelling unit with an at-risk occupant, or as provided for by § 34-18-22.


(b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk occupant
shall have up to sixty (60) days to meet requirements for lead hazard mitigation,
if those requirements were not met by the previous owner at the time of transfer,
provided that the new property owner has the property visually inspected within thirty
(30) business days after assuming ownership to determine conformity with the lead
hazard control standard.


(c) The requirements for lead hazard mitigation shall apply to the first change in ownership
or tenancy after November 1, 2005; provided further, that unless requested and agreed
to by an at-risk occupant, meeting the lead hazard mitigation standard shall not be
construed to authorize a property 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
unit temporarily or otherwise.


(d) If the tenant receives no response to the notification to the property owner of deteriorating
conditions affecting lead hazards, if the response is in the tenant's opinion unsatisfactory,
or if the remedy performed is in the tenant's opinion unsatisfactory, the tenant may
request a review of the matter by the department of health. After its review of the
matter, the department of health shall either send notice to the property owner in
which notice shall be issued in a manner substantially similar to a notice of 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 the notice is not being issued.


(e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common
areas in condominium complexes that are owned and operated by condominium associations,
or to pre-1978 rental dwelling units that are:


(1) Lead-safe or lead free;


(2) Temporary housing; or


(3) Elderly housing.


(4) [Deleted by P.L. 2023, ch. 103, § 1 and P.L. 2023, ch. 104, § 1.]


(f) The department of health shall report to the legislature annually on the number of
children who are lead poisoned in any of the exempted dwelling units as referred to
in subsection (e) of this section.


(g) Nothing contained herein shall be construed to prevent an owner who is seeking to
obtain lead liability insurance coverage in the policy from complying with the provisions
of this chapter, by securing and maintaining a valid and in force letter of compliance
or conformance in force.
Source: Legislative text reproduced verbatim
Plain English

Under R.I. Gen. Laws § 42-128.1-8, owners of pre-1978 rental dwellings that have not been certified lead-safe or lead-hazard-abated must fulfill a series of obligations: educating themselves about lead hazards, evaluating their properties, correcting identified hazards to meet the state's lead hazard mitigation standard, and supplying tenants with specific lead-related information. When a tenant notifies the owner of deteriorating conditions in a unit occupied by an at-risk occupant, the owner generally has 30 days to address those hazards. Certain properties—including those already certified lead-safe, temporary housing, and elderly housing—are exempt from these requirements, and new owners who acquire an occupied pre-1978 property have a defined window to come into compliance.

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

Plain English — not legal advice.

For Property Managers

Operators of pre-1978 rental dwellings subject to § 42-128.1-8 generally attend a lead hazard awareness seminar (or designate someone to do so), arrange a lead hazard control evaluation, and take corrective action to meet and maintain the lead hazard mitigation standard. Compliant operators also provide tenants with basic lead hazard control information, a copy of the independent clearance inspection, and instructions for reporting deteriorating conditions—and they respond to such notices within the 30-day window the statute establishes. New owners who acquire a property occupied by an at-risk occupant should be aware of the 60-day compliance window and the requirement to conduct a visual inspection within 30 business days of assuming ownership under § 42-128.1-8(b).

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

For Tenants

Under § 42-128.1-8, tenants in pre-1978 rental dwellings are entitled to receive basic lead hazard information, a copy of the independent clearance inspection, and guidance on how to report deteriorating conditions to their landlord. If a tenant notifies the property owner of deteriorating conditions and receives no response, receives a response they consider unsatisfactory, or finds the remedy inadequate, § 42-128.1-8(d) allows the tenant to request a review by the Rhode Island Department of Health, which can then issue a notice to the property owner similar to a housing code violation notice. Tenants who believe their rights under this provision are not being honored may also consider reaching out to a local tenant-rights organization or legal aid office for general information about available options.

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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