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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)

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 0 costs, 3 mixed.

Lead checks for older rental homes

Delaware landlords must obtain and file lead-safe or lead-free certificates for rentals built before January 1, 1978. Deadlines are January 1, 2028 for pre-1950 homes; January 1, 2029 for pre-1960 homes; January 1, 2030 for pre-1970 homes; and January 1, 2031 for pre-1978 homes. Only state-approved inspectors with approved or equally strict training can issue certificates; the state maintains a public inspector list. Inspectors must report hazards to the state, landlord, and tenant and explain safe cleanup. Five randomly selected units can support a whole building's lead-safe status if all five qualify; lead-free status requires individual inspection. Tenants must allow reasonable inspection access, and landlords face fines up to $100 per day per unit for missing certificates. Inspector shortages can allow exemptions lasting no more than six months, limited to the time needed for inspection. An unlivable lead-hazard unit cannot receive an exemption unless the landlord provides other housing. These rules begin six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations. A five-member committee reviews staffing, funding, and deadline feasibility, seeks public input, and reports by January 1, 2028, then annually through January 1, 2030.

Renters gain lead-related discrimination protections

The law protects renters and applicants who report lead hazards or participate in related complaints, investigations, or proceedings. It also protects people who have, or are believed to have, elevated blood lead levels, including their household members. Pregnancy and children under six living in or regularly visiting the home are protected grounds, too. The law bars discriminatory rental refusals, arbitrary renewal refusals, tenancy termination, unfair rent increases, service cuts, and actions forcing tenants out. The pregnancy and young-child protection has an exception for housing legally qualified for older persons. These protections begin six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations.

Replacement lodging for lead-displaced renters

When a required inspection finds a rental unlivable because of lead, the landlord must provide alternative lodging before or during cleanup. Tenants must receive at least 10 days' notice before moving into or out of that lodging. Any agreement to end the tenancy is voluntary. These protections begin six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations.

Free lead tests for cleanup workers

State Lead-Based Paint Program cleanup bid invitations must require worker-safety procedures, including free blood tests for workers doing the job. Testing must occur at least once every three months. This requirement covers work procured through the program's competitive bids, not all lead-cleanup jobs. It begins six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations.

Repeat lead checks protect rental tenants

Repeat lead checks provide ongoing safety oversight for covered rental homes, while adding landlord certification duties. A lead-safe unit needs recertification before a rental agreement starts more than four years after its last certification. It also needs recertification when a resident has an elevated blood lead level or a lead-paint hazard is found. A lead-free unit needs recertification only after either of those health or hazard findings. These rules begin six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations.

Lead cleanup help carries rent limits

Delaware must run a program helping eligible landlords pay for certificates, lead cleanup, and required alternative tenant lodging. Grants are available through December 31, 2027; beginning January 1, 2028, assistance is available only as loans. Grant preference goes to homes primarily occupied by a child under six or a pregnant person. It also covers homes where a child under six visits a tenant at least twice weekly, for three or more hours, during at least 10 weeks yearly. Landlords receiving grants or loans cannot raise rent on the assisted property for three years from the inspection finding cleanup needs. The law sets no assistance amounts or total funding amount. The program and rent limits begin six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations.

Renters get lead records and education

Beginning July 1, 2028, agreements for pre-1978 rentals must list lead-safe or lead-free status, the certification date, and inspector's name. Landlords must provide a requested certificate within seven days or face a $50 daily fine until delivery. Before move-in, landlords must give tenants the lead-hazard materials required by state rules and the U.S. Environmental Protection Agency. Missing materials carry a $20 daily fine until delivery. Beginning July 1, 2028, agreements for pre-1978 rentals must also include tenants' acknowledgment that they received the materials. Implementation also requires six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations.

Owners gain vacant rental cleanup options

Owners or noncertified contractors can clean up lead in an empty rental that is not deemed unlivable because of lead. They must follow state guidance posted on the Department's website. A certified lead inspector must inspect afterward and certify the home as lead safe or lead free. This option begins six months after the Secretary publishes notice of final rules and sufficient funding in Delaware's Register of Regulations.

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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