AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.
What changed between versions
Implementation of most provisions changed from a conditional deadline (12 months after all legislation, appropriations, and regulations are in place, or March 1, 2028, whichever is earlier) to a fixed date of March 1, 2027. The feasibility review under Section 5410 still takes effect immediately with its first report due March 1, 2026.
Certificate deferments are limited to 6 months maximum (except for multi-unit deferrals under the 5-unit sampling provision). A landlord must show good faith and evidence of contacting at least 3 inspectors or contractors at least 4 months before the certification deadline to qualify for a deferment based on unavailability.
The bill now explicitly differentiates between small property owners (19 or fewer rental units) and large property owners (20 or more rental units), applying different civil penalties, deferment rules, and funding eligibility to each group.
The feasibility review committee was expanded from 5 members to 10 members, adding the Speaker of the House appointee, the Senate President Pro Tempore appointee, the Delaware Technical Community College president, and two additional Governor-appointed members (one representing rental housing providers and one representing tenants). The DSHA Director is now designated as chair.
A lead-based paint hazard control grant and loan program is established with specific coverage levels: up to 100% of costs for owners of 5 or fewer units, up to 50% for owners of 6-19 units, and loans covering up to 10% of costs for large property owners who demonstrate significant economic burden. Small property owners receive grants until January 1, 2029, after which they may only receive loans. Large property owners may only receive loans.
Small property owners with multi-unit buildings may certify the entire building by having a lead inspector randomly select and inspect only 5 units. If all 5 are lead safe, the remaining units receive a deferral of up to 4 years. If any unit has a hazard, all units must be inspected.
The Department of Health and Social Services must submit an annual report to the Governor and General Assembly by January 1 each year detailing total certificates filed, deferrals issued and denied, violations and penalties assessed, and inspections that disclosed lead-based paint hazards.
Landlords must provide alternative housing when a lead-based paint hazard renders a rental unit uninhabitable, with at least 10 days advance notice before the tenant must move. No certificate deferment may be issued if a hazard makes the unit uninhabitable unless alternative housing is provided.
An anti-loophole provision requires all owners to disclose beneficial ownership and affiliations. Any attempt to partition or transfer ownership to avoid classification as a large property owner is a violation subject to penalties. Transfers to spouses, children, or parents are counted toward the original owner's unit total.
Landlords must provide documentation to the court demonstrating compliance with the lead-based paint chapter before filing a complaint for possession (eviction). This requirement does not apply if the eviction is based on the tenant refusing reasonable access for lead inspection or remediation.
Civil penalties are now differentiated by owner size. Small property owners face up to $100 per day per unit. Large property owners face escalating penalties: up to $500/day for the first 30 days, up to $750/day after 30 days, and up to $1,000/day after 60 days of noncompliance.
New definitions added including 'significant economic burden' (with specific factors the Department must consider), 'regularly visited' (at least 2 times per week for 3 or more hours at least 10 weeks per year), and 'alternative housing' (including reasonable out-of-pocket expenses such as rent differential, moving costs, and storage).
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