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DelawareHS 2 for HB 70 w/ HA 1 + SA 2153rd 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

7 provisions identified: 3 benefits, 1 costs, 3 mixed.

Big fines and anti-evasion for landlords

Beginning March 1, 2027, small owners who miss required certificates can be fined up to $100 per day per unit until they file. Large owners face higher fines that rise over time: up to $500 per unit per day for days 1–30, $750 for days 31–60, and $1,000 after 60 days. All rental owners must disclose the true beneficial owner and any affiliations. You cannot split or transfer units to dodge the “large owner” threshold (20+ units).

Grants, loans, and rent limits after cleanup

Beginning March 1, 2027, the Department runs a grant and loan program to pay for lead inspections, remediation, and temporary housing. Funding levels depend on owner size: up to 100% for owners with 5 or fewer units; up to 50% for 6–19 units; and up to 10% as a loan for 20+ units if the owner shows a significant economic burden. Small owners get grants through January 1, 2029, then loans; large owners get loans only. Homes of children under 6, pregnant people, or homes regularly visited by a child under 6 (at least 2 times a week, 3+ hours, 10+ weeks/year) get priority. If a property gets aid, rent cannot increase for three years from the inspection date, and that rent freeze continues if the property is sold during the three‑year period.

Lead-safety certificates for older rentals

Beginning March 1, 2027, landlords must get each pre‑1978 unit certified as lead safe or lead free. You must file the certificate before a new lease and finish required certifications within four years. Units marked lead safe must be recertified before a lease that starts more than four years after the last certification, or if a hazard or an elevated blood lead level is found. Only Department‑approved inspectors may certify and must notify the Department, landlord, and tenant of any hazards. Tenants must allow reasonable access for inspections, and eviction filings generally must include proof of compliance. Landlords also have a duty to keep units free of lead hazards.

Tenant notices, education, and relocation help

Starting March 1, 2027, leases for pre‑1978 units must state the unit’s lead status, certificate date, and inspector name. Landlords must give required lead‑hazard education before move‑in and provide the certificate within 7 days of a tenant’s request; daily penalties apply until provided. If a lead inspector finds a unit uninhabitable, the landlord must provide alternative housing and give at least 10 days’ notice before moves. The law bars discrimination against anyone who reports lead issues or has an elevated blood lead level.

Deferrals and sampling for small landlords

Starting March 1, 2027, the Department may grant up to a 6‑month certificate deferment when good‑faith efforts show no available inspectors or contractors, or a significant economic burden. Small owners may also use a 5‑unit random sample in a multi‑unit building; if all five are lead safe, the rest can be deferred up to four years. Large owners can get similar short deferments with documented outreach done at least four months ahead. The Department cannot defer fixes that leave a unit uninhabitable unless the landlord provides alternative housing to the tenant.

Lead program timeline, rulemaking, oversight

The law creates a 10‑member committee to study workforce and funding. Its first report is due by March 1, 2026, with annual updates through January 1, 2030. The Department must write rules to run the program. Most other parts of the law take effect March 1, 2027.

Worker safety rules for lead cleanup

Beginning March 1, 2027, state bids for lead abatement must include strong dust control and cleaning plans. Contractors must provide free blood tests to cleanup workers at least every three months.

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

House vote • 7/1/2025

Passed (SM required)

Yes: 26 • No: 11

Senate vote • 7/1/2025

Passed (SM required)

Yes: 15 • No: 6

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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