New Lead Poisoning Prevention Laws for Rhode Island Landlords

In early 2024, Rhode Island Attorney General Peter Neronha issued guidance to landlords about new lead poisoning prevention laws in the state. The guidance is meant to remind property owners of their new responsibilities following the passage of lead poisoning prevention laws that will increase compliance with existing lead laws.

The laws mentioned in the AG’s announcement include:

• The “rental registry” law, R.I. Gen. Laws § 34-18-58 establishes a statewide rental registry to be established and managed by the Rhode Island Department of Health and mandates that all landlords register their rental units by October 1, 2024. Additionally, landlords who rent properties built before 1978 are required to file lead conformance certificates – which are already required by law – through the registry.
• The “escrow” law, R.I. Gen. Laws § 42-128.1-14 allows tenants to petition the court to pay their rent into an escrow account when their unit is not compliant with lead hazard risk reduction laws, including lacking a required lead-safe certificate, or when there are otherwise unaddressed lead hazards in their homes. This law is now in effect.
• The “treble damages” law, R.I. Gen. Laws § 42-128.1-11 allows tenants affected by lead poisoning to recover up to three times their actual monetary damages if their landlord has violated lead safety laws. This law is now in effect.
• I. Gen. Law § 42-128.1-8 was amended to require that landlords of owner-occupied units obtain lead certificates for their pre-1978 rental units, regardless of the number of units in the building, beginning on January 1, 2024.

“Landlords in Rhode Island need to recognize that lead enforcement has become a priority,” said Joe Frasca, Senior Vice President of Marketing at EMSL Analytical, Inc. “There have been numerous lawsuits filed by the AG that have resulted in hundreds of thousands of dollars in penalties for landlords. Fortunately, testing for lead can help to identify exposure risks in and around homes and buildings so they can be removed or mitigated. EMSL Analytical, with laboratories across North America, provides comprehensive environmental lead testing services to protect tenants and to help landlords in their compliance efforts. We also offer all of the sampling supplies needed and even have easy-to-use test kits to identify lead from paint chips, dust and water samples.”

To learn more about lead or other environmental, health and safety testing resources, please visit www.EMSL.com, call (800)220-3675 or email info@EMSL.com . To access lead or other indoor environmental quality test kits, visit www.EMSLTestKits.com.

About EMSL Analytical, Inc.

EMSL Analytical is one of the leading testing laboratories with locations throughout the United States and Canada. EMSL is a nationally recognized and locally focused provider specializing in fast laboratory results for mold, bacteria, Legionella, USP 797, pathogens, asbestos, lead, soot, char & ash from fires, VOCs, odors, radon, formaldehyde, indoor air quality, microbiology, environmental, industrial hygiene, radiological, food, beverage & consumer products and material testing services for the identification of unknown substances. EMSL services both professionals and the general public. EMSL maintains an extensive list of accreditations from leading organizations as well as state and federal regulating bodies including, but not limited to A2LA, AIHA LAP, LLC. (AIHA EMLAP, AIHA IHLAP, AIHA ELLAP), NVLAP, CDC ELITE, CPSC, CA ELAP, NY ELAP, TX DOH, NJDEP and multiple other state accrediting agencies. Please visit our website at www.EMSL.com for a complete listing of accreditations. In addition, EMSL carries a wide range of Sampling Equipment and Investigative Products for environmental professionals.

Contact Information

Joseph Frasca

Senior Vice President of Marketing

EMSL Analytical, Inc.

(1) 856-303-2503

Contact via E-mail