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
9 provisions identified: 4 benefits, 0 costs, 5 mixed.
Small landlords face lead safety deadlines
Delaware landlords with 19 or fewer units must file lead-safe or lead-free certificates for covered rentals built before January 1, 1978. Deadlines are January 1, 2028 for pre-1950 units; 2029 for pre-1960; 2030 for pre-1970; and 2031 for pre-1978. Late filing can cost up to $100 per unit each day. Six-month delays are available for inspector shortages, contractor shortages, or a major financial burden, and can be renewed with good-faith efforts. Inspector shortages require contacting at least three approved inspectors and requesting inspection at least four months before the deadline; contractor shortages require contacting at least three certified contractors. Financial hardship requires applying to the state grant and loan program; a delay may be granted when funds are unavailable. An uninhabitable unit cannot receive a delay unless the landlord provides alternative housing.
Small landlords get aid with rent limits
The health department must offer grants and loans for small landlords' certification, lead cleanup, and required tenant housing costs. Owners with five or fewer units may receive up to 100% of eligible costs; those with 6–19 may receive up to 50%. Grants are available through January 1, 2028; afterward, assistance is loan-only. Grant preference goes to homes where children under six or pregnant people live, or children under six regularly visit. Assisted properties cannot have rent increases for three years from the inspection that found the need for cleanup. Buyers and later owners must honor the remaining rent freeze if the property changes hands during that period.
Renters get housing during unsafe lead cleanup
Landlords must provide alternative housing when an inspector finds a rental uninhabitable because of lead hazards. This includes reasonable extra rent, moving, and storage costs. Tenants must receive at least 10 days' notice before moving into or out of alternative housing. Affected tenants can also choose to end their lease.
Renters get lead checks and duties
Landlords must keep covered rentals free of lead-paint hazards and certified as lead safe or lead free. Tenants must allow reasonable inspector access under state entry rules. Lead-safe units need recertification before a new lease starts more than four years after the last certification. Both lead-safe and lead-free units need recertification when a hazard or a resident's elevated blood lead level is found. In multi-unit buildings, inspectors may randomly check five units; if all are lead safe, only those five receive certificates. Other units may receive delays of up to four years with tenant notice; any hazard in the sample requires checking and certifying every unit.
Renters gain lead-related housing rights
The law bans discrimination or retaliation for reporting lead concerns or helping with lead, registration, or certification matters. It also protects current and future tenants when someone in their household has, or is believed to have, elevated blood lead. These violations count as discriminatory housing practices under state law. Landlords filing for possession must show the court records proving lead-safety compliance. That requirement does not apply when the case concerns a tenant's refusal to allow reasonable access needed for compliance.
Renters receive lead records and warnings
Beginning July 1, 2028, leases for pre-1978 rentals must disclose lead-safe or lead-free status, certification date, and inspector name. When certification is required, landlords must give tenants a certificate copy within seven days of a request. Failure can bring a $50 daily penalty until the copy is provided. Landlords must give required state and federal lead-hazard materials before occupancy or face a $20 daily penalty until delivery. Beginning July 1, 2028, leases for pre-1978 rentals must also include the tenant's acknowledgment of receiving those materials.
Lead cleanup workers get free testing
State lead-program cleanup bids must include worker-safety rules. Workers on those projects must receive free blood testing at least every three months. Cleanup bids must also include dust controls, containment, testing, cleaning, and final checks.
State oversees trained rental lead inspectors
Only health-department-approved inspectors can issue certificates, after approved training or equally strict training from another state. Inspectors must follow state inspection rules, report hazards to the department, landlord, and tenant, and explain cleanup options. The department must adopt rules, publish an approved-inspector list, and report each January 1 on certificates, delays, violations, penalties, and hazardous inspections. A five-member committee studies workforce and funding capacity, gathers public input, and reports by January 1, 2028, and annually through January 1, 2030. Its members are two Governor appointees, one appointee from each legislative leader, and the health department Secretary. It must recommend replacement deadlines if existing deadlines are not feasible. The act takes effect immediately; implementation begins six months after enactment or upon the Secretary's notice of final regulations, whichever comes first.
Large landlords face earlier lead deadlines
Delaware owners with 20 or more rental units must file lead-safe or lead-free certificates for covered pre-1978 rentals. Deadlines are January 1, 2027 for pre-1950 units; 2028 for pre-1960; 2029 for pre-1970; and 2030 for pre-1978. Daily late-filing penalties per unit are $500 for days 1–30, $750 for days 31–60, and $1,000 afterward. Six-month delays are available for documented inspector or contractor shortages despite good-faith efforts. Owners must contact at least three inspectors and request inspection four months before the deadline, or contact at least three certified contractors. Unsafe, uninhabitable units cannot receive delays without alternative housing. Owners must disclose who ultimately owns their properties and their ties to other owners. Splitting or transferring ownership to avoid large-owner rules is punishable; units transferred to a spouse, child, or parent still count.
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
HS 2 for HB 70 - Signed by Governor
7/21/2025GovernorHS 2 for HB 70 - Passed By House. Votes: 26 YES 11 NO 2 NOT VOTING 1 ABSENT 1 VACANT
6/30/2025HouseHS 2 for HB 70 - Passed By Senate. Votes: 15 YES 6 NO
6/30/2025SenateHS 2 for HB 70 - - Passed By Senate. Votes: 21 YES
6/30/2025SenateHS 2 for HB 70 - - Stricken in Senate
6/30/2025SenateHS 2 for HB 70 - Reported Out of Committee (Executive) in Senate with 1 Favorable, 3 On Its Merits
6/26/2025SenateHS 2 for HB 70 - Assigned to Executive Committee in Senate
6/24/2025SenateHS 2 for HB 70 - Passed By House. Votes: 26 YES 12 NO 2 NOT VOTING 1 VACANT
6/24/2025HouseHS 2 for HB 70 - - Passed In House by Voice Vote
6/24/2025HouseSubstituted in House by HS 2 for HB 70
6/24/2025HouseSubstituted in House by HS 2 for HB 70
6/20/2025HouseReported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits
6/18/2025HouseAssigned to Appropriations Committee in House
6/13/2025HouseReported Out of Committee (Health & Human Development) in House with 3 Favorable, 6 On Its Merits
6/13/2025HouseAdopted 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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