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DelawareHB 70153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.

Sponsored By: Kerri Evelyn Harris (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Fines for missing lead certificate

Landlords who miss the certification deadline can be fined up to $100 per day per unit until the certificate is obtained and filed. Fines pause during any DHSS exemption of up to 6 months when no approved inspectors are available. No exemption is allowed if the unit is uninhabitable unless the landlord provides alternative housing.

Help to fix lead hazards, rent freeze

DHSS runs a program that pays for certifications, cleanup, and required temporary housing for tenants during abatement. It prioritizes homes where a child under 6 lives, a pregnant person lives, or a child under 6 visits often. Funds are grants through Jan 1, 2028; on and after that date, help is loans. If a landlord takes grant or loan money, rent on that property cannot go up for 3 years from the inspection that found the hazard. If a unit is uninhabitable because of lead, the landlord must provide alternative lodging and give at least 10 days’ notice before moves. Program contracts must include worker‑safety steps, including free blood tests for abatement workers at least every 3 months.

Lead safety certification for older rentals

Landlords of rentals built before 1978 must get a lead‑free or lead‑safe certificate. Deadlines: built by 1950 by Jan 1, 2028; by 1960 by Jan 1, 2029; by 1970 by Jan 1, 2030; by 1978 by Jan 1, 2031. Only DHSS‑approved inspectors can issue certificates after a full inspection; DHSS keeps a public list. In one‑owner multi‑unit buildings, inspectors may sample 5 units to certify the whole building as lead safe. Lead‑safe units need recertification before a lease that starts more than 4 years after the last one, or if a hazard or an elevated blood lead is found; lead‑free units recertify only for those triggers. If an empty unit is still habitable, owners may do cleanup with DHSS guidance, but a certified inspector must approve it. Tenants must allow reasonable access for inspections, and inspectors must alert DHSS, the landlord, and the tenant if they find hazards. Certificates must show the landlord, manager, address, inspector, inspection date, issue date, and status. DHSS sets detailed rules.

Lead safety disclosures in leases

Beginning July 1, 2028, leases for pre‑1978 units must list the unit’s lead‑safe or lead‑free status, the certification date, and the inspector’s name. Leases must also include the tenant’s acknowledgement that they received required lead safety materials. Landlords must give tenants the lead certificate within 7 days of a request or owe $50 per day after that. They must give required lead‑education materials before move‑in or owe $20 per day until provided. DHSS sets the format for these disclosures.

Stronger protections from lead bias

Landlords and housing providers cannot deny, end, or limit rentals because of lead‑related complaints or tests. They also cannot act against someone for being pregnant or for having a child under 6, unless the housing is legally for older persons. Banned acts include arbitrary rent hikes, service cuts, or forcing you out.

Committee checks deadlines and funding

A five‑member committee studies whether there are enough trained workers and public funds to meet the lead‑safety deadlines. It takes public input and issues a report by Jan 1, 2028 and each Jan 1 through 2030. The committee may recommend new deadlines and dissolves once it reports that no new deadlines are needed.

Sponsors & Cosponsors

Sponsor

  • Kerri Evelyn Harris

    Democratic • House

Cosponsors

  • Marie Pinkney

    Democratic • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 2 for HB 70 - Signed by Governor

    7/21/2025Governor

  2. HS 2 for HB 70 - Passed By House. Votes: 26 YES 11 NO 2 NOT VOTING 1 ABSENT 1 VACANT

    6/30/2025House

  3. HS 2 for HB 70 - Passed By Senate. Votes: 15 YES 6 NO

    6/30/2025Senate

  4. HS 2 for HB 70 - - Passed By Senate. Votes: 21 YES

    6/30/2025Senate

  5. HS 2 for HB 70 - - Stricken in Senate

    6/30/2025Senate

  6. HS 2 for HB 70 - Reported Out of Committee (Executive) in Senate with 1 Favorable, 3 On Its Merits

    6/26/2025Senate

  7. HS 2 for HB 70 - Assigned to Executive Committee in Senate

    6/24/2025Senate

  8. HS 2 for HB 70 - Passed By House. Votes: 26 YES 12 NO 2 NOT VOTING 1 VACANT

    6/24/2025House

  9. HS 2 for HB 70 - - Passed In House by Voice Vote

    6/24/2025House

  10. Substituted in House by HS 2 for HB 70

    6/24/2025House

  11. Substituted in House by HS 2 for HB 70

    6/20/2025House

  12. HS 1 for HB 70 - Reported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits

    6/18/2025House

  13. HS 1 for HB 70 - Assigned to Appropriations Committee in House

    6/13/2025House

  14. HS 1 for HB 70 - Reported Out of Committee (Health & Human Development) in House with 3 Favorable, 6 On Its Merits

    6/13/2025House

  15. Substituted in House by HS 1 for HB 70

    5/15/2025House

  16. Introduced and Assigned to Health & Human Development Committee in House

    3/6/2025House

Bill Text

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