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DelawareHS 1 for HB 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

5 provisions identified: 3 benefits, 2 costs, 0 mixed.

Small landlords get lead-cleanup help

The state provides funding to help small landlords pay for lead inspections, cleanup, and temporary housing. Until January 1, 2028, this help is grants; after that, it is loans. Owners of 5 or fewer units can get up to 100% of eligible costs covered. Owners of 6–19 units can get up to 50% covered. Grants are prioritized for homes where a child under 6 or a pregnant person lives or visits often. If you take this funding, you may not raise rent on that property for 3 years from the inspection that showed the need, and a buyer must honor that limit.

Landlords must certify older rentals

The law requires lead‑safe or lead‑free certificates for all rentals built before January 1, 1978. Large owners (20+ units) must file by these dates: pre‑1950 by Jan 1, 2027; pre‑1960 by Jan 1, 2028; pre‑1970 by Jan 1, 2029; pre‑1978 by Jan 1, 2030. Small owners (19 or fewer units) must file by: pre‑1950 by Jan 1, 2028; pre‑1960 by Jan 1, 2029; pre‑1970 by Jan 1, 2030; pre‑1978 by Jan 1, 2031. Certificates must come from Department‑approved inspectors and be filed with the Department. Small owners of multi‑unit buildings may have an inspector test 5 random units; if all are safe, only those are certified and the rest may be deferred up to 4 years with tenant notice. If any fail, all units must be inspected and certified. Recertify before any lease that starts more than 4 years after a lead‑safe certificate, and any time a hazard or an elevated blood lead level is found. Lead‑free units must recertify if a hazard or elevated level is found. You may get a deferment of up to 6 months for lack of available inspectors or contractors, a significant economic burden (small owners), or approved multi‑unit cases. No deferment applies if the unit is uninhabitable unless you provide alternative housing. Penalties for missing deadlines are steep: small owners up to $100 per day per unit; large owners $500/day (days 1–30), $750/day (days 31–60), and $1,000/day after 60 days, until you file. No penalty applies if the Department granted a deferment before the deadline. Anti‑evasion rules apply: disclose the real owner and ties to other owners, and units transferred to a spouse, child, or parent still count toward large‑owner status.

Stronger renter protections on lead

Landlords must keep rentals free of lead hazards and follow the law’s lead‑safe or lead‑free certification rules. If an inspection finds your home is uninhabitable because of lead, the landlord must provide alternative housing and give you at least 10 days’ notice before you move. Beginning July 1, 2028, leases for homes built before Jan 1, 1978 must say whether the home is certified lead safe or lead free, the date, and the inspector’s name. If you ask, the landlord must give you a copy of the certificate within 7 days or face a $50‑per‑day fine. Landlords must give you required state and EPA lead‑hazard materials before you move in. Beginning July 1, 2028, leases for pre‑1978 units must include your acknowledgment you got them; failing to provide the materials can bring a $20‑per‑day fine. If a landlord files to evict you, the landlord must give the court proof the property follows these lead rules, unless the case is because you denied reasonable access. It is illegal to discriminate or retaliate because someone reported a lead hazard or has (or is thought to have) an elevated blood lead level.

Lead inspectors and cleanup rules

Only Department‑approved lead inspectors can issue certificates. Inspectors must complete approved training, follow state rules, and tell the Department, landlord, and tenant about any hazard and how to fix it. The Department keeps a public list of approved inspectors. When the state bids lead cleanup work, bidders must show plans for dust control, testing, daily and final cleaning, soil and interior treatment, and worker safety. Workers doing cleanup must be offered free blood tests at least every three months.

Tenants must allow lead inspections

If your rental is covered by this law, you must allow a Department‑approved lead inspector reasonable access to your unit. Access must follow Delaware’s notice rules. This may cause short visits or brief disruptions.

Sponsors & Cosponsors

Sponsor

  • Kerri Evelyn Harris

    Democratic • House

Cosponsors

  • Frank Burns

    Democratic • House

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. Reported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits

    6/18/2025House

  13. Assigned to Appropriations Committee in House

    6/13/2025House

  14. Reported Out of Committee (Health & Human Development) in House with 3 Favorable, 6 On Its Merits

    6/13/2025House

  15. Adopted in lieu of the original bill HB 70, and Assigned to Health & Human Development Committee in House

    5/15/2025House

Bill Text

  • Current

    5/15/2025

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