§ 1377 — State rental registry and proactive inspections to identify lead hazards

* § 1377. State rental registry and proactive inspections to identify\nlead hazards. 1. The department shall, in consultation with the division\nof housing and community renewal, develop a registry for all residential\ndwellings with two or more units built prior to nineteen hundred eighty\nwhich, by virtue of their property class designation, are potentially\neligible for rental, lease, let or hiring out, and are located within\ncommunities of concern as identified by the department. Such registry\nshall only include qualifying residential dwellings outside a city with\na population of one million people or more. The department shall utilize\nall available property information to develop the registry including but\nnot limited to information from tax assessment rolls and information\nfrom property records in the office in which instruments affecting real\nproperty in the county are recorded.\n 2. The department, or their designee, shall provide written notice to\nthe owners of residential dwellings qualifying for registration in\naccordance with this section within sixty days of the effectiveness of\nsuch registry.\n 3. Owners of all residential dwellings qualifying for registration in\naccordance with this section shall certify as free of lead paint\nhazards, in accordance with subdivision seven of this section and the\nregulations promulgated thereunder. Inspection certifications must be\nsubmitted by the owner to the local health department or their designee\nfor recording in the rental registry by October first of the year the\ncertification is due.\n 4. The department, or their designee, shall provide owners of\nqualifying residential dwellings a minimum of two notices prior to the\ndeadline to submit a certification, not including the notification under\nsubdivision two of this section. Such notice shall include information\nfor owners to notify the department or their designee a residential\ndwelling is not eligible for rental, lease, let or hiring out and are\ntherefore not required to submit a certification under this section.\n If an owner fails to submit a certification by the deadline, or\nincorrectly asserts that they are not required to submit a certification\nunder this section, the department, or their designee, shall provide an\nadditional notice prior to taking any further action.\n 5. The department shall establish an annual inspection and audit\nprocess which shall review at least ten percent of the certification\ninspections of residential dwellings qualifying for the rental registry.\nSuch process shall include individual inspections and document review to\nensure that owners complied with all obligations and responsibilities\nunder this section. Such audits shall be conducted in-person and shall\nconfirm that a residential dwelling is or is not eligible for the rental\nregistry and that the residential dwelling is free of lead paint\nhazards.\n 6. The commissioner shall promulgate regulations as needed to\nadminister, coordinate, and enforce this section.\n 7. The commissioner shall promulgate regulations regarding the\ninspections required to be completed pursuant to this section as well as\nthe certification of such inspections which shall include, but not be\nlimited to: (a) the frequency of such inspections which shall be no less\nfrequent than every three years; (b) the minimum conditions the\nresidential dwelling must meet for a valid inspection certification; (c)\nqualifications for inspectors; (d) minimum standards for a standardized\nform on which the owner of a residential dwelling may self-certify as to\na satisfactory inspection, such form shall require such owner to confirm\nsuch residential dwelling meets all the requirements of paragraph (b) of\nthis subdivision and may require such owner to submit any documentation\ndeemed necessary by the commissioner, provided, however, such owner\nshall meet the qualifications pursuant to paragraph (c) of this\nsubdivision; (e) alternative methods of certification, which may include\nthe submission of a valid and active residential occupancy permit for\nwhich the minimum conditions required under paragraph (b) of this\nsubdivision were required to be met for such issuance; (f) procedures\nfor false certifications, upon a finding by the department that a\nself-certified dwelling contains lead hazards; and (g) any other\ninformation or requirements deemed necessary by the commissioner to\nadminister, coordinate, and enforce this section.\n 8. The inspection requirements under this section shall, at a minimum,\ninclude visual inspections for deteriorated paint and outdoor soil\nconditions, as well as the collection of dust wipe samples obtained in\naccordance with United States Environmental Protection Agency protocols\nfor such procedures.\n 9. Remediation of lead-based paint hazards must be conducted in\ncompliance with all municipal requirements and specific requirements\nspecified in regulation.\n 10. A failure to file or filing a false certificate as required under\nthis section shall be subject to civil penalties under section twelve of\nthis chapter, in addition to any penalties that may apply.\n 11. The commissioner shall, on or before December thirty-first in each\nyear, beginning the calendar year after the effective date of this\nsection, submit a report to the governor, the temporary president of the\nsenate, and the speaker of the assembly on the activity and\nimplementation of this section. Such report shall include but not be\nlimited to: the number of residential properties qualifying for\nregistration, the number of properties required to submit inspection\ncertifications by October first of such year, the number of inspection\ncertifications submitted by October first of such year, the number of\ninspections conducted pursuant to the audit process established in\nsubdivision five of this section, the results of the audit process\nestablished in subdivision five of this section, and such other\ninformation as the commissioner determines. The information provided in\nthe report shall reflect statewide activities in the aggregate and\nactivities for each community of concern.\n * NB Repealed November 3, 2028\n