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DelawareHS 2 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

10 provisions identified: 7 benefits, 1 costs, 2 mixed.

Lead repair aid for rental owners

Delaware's health department must create grants and loans for required lead certification, repairs, lead removal, and alternative tenant housing. Owners with five or fewer units may receive up to 100% of eligible costs; owners with 6–19 units may receive up to 50%. These owners can receive grants through December 31, 2028, and only loans beginning January 1, 2029. Owners with 20 or more units qualify only for loans up to 10% of eligible repair, removal, and alternative-housing costs if those costs create a significant economic burden. Grants favor homes where a child under six or a pregnant person lives, or a child under six regularly visits.

Lead aid freezes rents for tenants

Landlords receiving a lead-control grant or loan cannot raise rent on the assisted property for three years. The period starts with the inspection that identified the need for lead repairs or removal. Selling or transferring the property does not end the rent freeze. All later owners must honor it until the three-year period ends.

Renters gain lead-related housing protections

The law bans discrimination or retaliation for reporting lead problems or helping with related investigations, proceedings, or hearings. It also bans housing discrimination based on actual or perceived elevated blood lead in current or prospective household members. These violations count as discriminatory housing practices under Delaware law. Landlords filing possession cases must give courts lead-compliance documents, except when the case is based on a tenant refusing reasonable compliance access. This document rule does not change the grounds for eviction.

Temporary housing for lead-displaced renters

Landlords must provide alternative housing when a lead inspector finds a rental unit uninhabitable because of a lead hazard. The housing must be provided before or during lead repairs or removal. This protection includes relocation and out-of-pocket costs. Landlords must give at least 10 days' notice before a move into or out of alternative housing.

Safer rentals require access and rechecks

Landlords must keep covered rental units free of lead hazards and certified as lead-safe or lead-free. Tenants must allow reasonable access for required lead inspections and evaluations. Lead-safe units need recertification before a new rental agreement starting more than four years after the last certification. Both lead-safe and lead-free units need recertification when a resident has elevated blood lead or a hazard is found. Lead-free units otherwise do not need recurring certification.

Landlords face lead checks and penalties

Beginning March 1, 2027, landlords must file lead-safe or lead-free certificates for rental units built before January 1, 1978. Certificates are due before new tenancies and by March 1, 2031, unless a delay is approved. Owners with 19 or fewer units face penalties up to $100 per unit per day until filing. Owners with 20 or more units face daily per-unit penalties up to $500 for the first 30 days, $750 after 30 days, and $1,000 after 60 days. Inspector or contractor shortages, or a documented financial burden with an aid application, can support delays of up to six months. In qualifying small-owner buildings, five randomly chosen units passing as lead-safe allows other units to be deferred up to four years; any hazard requires all units to be inspected and certified. An uninhabitable unit cannot receive a delay unless the landlord provides required alternative housing.

Renters get lead records and warnings

Rental agreements for units built before January 1, 1978, must list lead status, the certification date, and the inspector's name. Landlords must provide a required certificate within seven days after a tenant requests it. Failure can bring a $50 daily penalty until the copy is provided. Landlords must give required state and federal lead-hazard materials before occupancy, with receipt acknowledged in pre-1978 rental agreements. Failure to provide the materials can bring a $20 daily penalty until they are provided.

Lead-removal workers get free blood tests

State lead-program bid invitations for lead repairs or removal must include worker-safety protections. Workers on covered projects must receive free blood testing at least every three months. Covered contracts must also verify risk assessments, containment, cleaning, clearance testing, soil treatment, and worker safety.

Trained inspectors support rental lead checks

Only health-department-approved inspectors with approved training or equally strict out-of-state training can issue lead certificates after required inspections. Inspectors must report hazards to the department, landlord, and tenant, and provide repair information; the department maintains a public inspector list. The department must issue implementing rules and annual January 1 reports after implementation on certificates, delays and their reasons, violations, penalties, and hazards. A feasibility committee led by Delaware's housing authority reviews staffing, contractors, funding, inspection standards, aid demand, priorities, and deadlines. It must seek public input, issue an initial report by March 1, 2026, and provide annual updates through January 1, 2030. It can recommend deadline changes when capacity is insufficient.

Landlords must reveal ownership ties

Rental owners must disclose who ultimately owns their properties and their ties to other owners to Delaware's health department. Owners cannot split or transfer ownership to avoid being classified as owners of 20 or more units. Doing so violates the law and carries penalties. Units transferred to an owner's spouse, child, or parent still count toward the original owner's total.

Sponsors & Cosponsors

Sponsor

  • Kerri Evelyn Harris

    Democratic • House

Cosponsors

  • Larry Lambert

    Democratic • House

  • Marie Pinkney

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 67 • No: 29

Senate vote • 6/30/2025

Passed (SM required)

Yes: 15 • No: 6

House vote • 6/30/2025

Passed (SM required)

Yes: 26 • No: 11

House vote • 6/24/2025

Passed (SM required)

Yes: 26 • No: 12

Actions Timeline

  1. Signed by Governor

    7/21/2025Governor

  2. Passed By House. Votes: 26 YES 11 NO 2 NOT VOTING 1 ABSENT 1 VACANT

    6/30/2025House

  3. Passed By Senate. Votes: 15 YES 6 NO

    6/30/2025Senate

  4. Amendment SA 2 to HS 2 - Passed By Senate. Votes: 21 YES

    6/30/2025Senate

  5. Amendment SA 1 to HS 2 - Stricken in Senate

    6/30/2025Senate

  6. Reported Out of Committee (Executive) in Senate with 1 Favorable, 3 On Its Merits

    6/26/2025Senate

  7. Assigned to Executive Committee in Senate

    6/24/2025Senate

  8. Passed By House. Votes: 26 YES 12 NO 2 NOT VOTING 1 VACANT

    6/24/2025House

  9. Amendment HA 1 to HS 2 - Passed In House by Voice Vote

    6/24/2025House

  10. Amendment HA 1 to HS 2 - Introduced and Placed With Bill

    6/24/2025House

  11. was introduced and adopted in lieu of HB 70

    6/20/2025House

Bill Text

  • Current

    6/20/2025

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