Bill Sponsors
de la Cruz, Ciccone, Dimitri, Burke, Patalano, and Rogers
Committee
Senate Housing & Municipal Government
Summary
Select
This legislation creates a "safe harbor" for landlords regarding lead hazard mitigation requirements. Under this bill, if a landlord is required to obtain a lead safety certificate but cannot do so because the state lacks the resources or inspectors to perform the necessary inspection, the state is prohibited from fining that landlord. To qualify for this exemption, the landlord must certify that they were in compliance with lead mitigation laws as of September 1, 2024. The bill effectively protects landlords from penalties caused by government administrative delays.
Sponsor
Analysis
Pros for Progressives
- Prevents small-scale landlords and affordable housing providers from facing financial ruin due to administrative failures and backlogs within the state government.
- Highlights the critical need for increased funding and staffing for state inspection agencies, potentially creating political pressure to properly resource the Department of Health.
- Requires landlords to affirmatively certify compliance with mitigation laws, keeping the legal obligation for safety active even in the absence of an immediate inspection.
Cons for Progressives
- Significantly weakens tenant protections by removing the external verification mechanism of state inspections, potentially leaving families exposed to undetectable lead hazards.
- Relies on self-certification by landlords, creating a loophole that negligent property owners could exploit to avoid accountability while maintaining unsafe housing conditions.
- Removes the threat of fines, which is often the primary financial leverage needed to force reluctant landlords to address expensive environmental health hazards.
Pros for Conservatives
- Protects property owners from being unjustly penalized for the government's incompetence and inability to manage its own administrative responsibilities.
- Upholds the principle of due process by ensuring that citizens are not fined for failing to meet a deadline that the state itself made impossible to meet.
- Reduces the immediate regulatory burden on businesses and landlords, allowing them to operate without fear of arbitrary enforcement actions.
Cons for Conservatives
- Requires landlords to submit a formal certification to the state, maintaining a level of bureaucratic paperwork and government oversight rather than eliminating the requirement entirely.
- The specific retroactive date of September 1, 2024, could create complex legal liabilities for landlords if disputes arise regarding the exact condition of the property on that past date.
- Does not remove the underlying mandate for lead certificates, leaving the core regulatory framework that interferes with private property management intact.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Landlords
- Tenants
- Property Managers
- Department of Health
- Real Estate Attorneys
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Housing and Municipal Government
Bill Text
SECTION 1. Chapter 42-128.1 of the General Laws entitled "Lead Hazard Mitigation" is hereby amended by adding thereto the following section:
42-128.1-15. Safe harbor provision for landlords.
(a) This section shall apply to any landlord required to obtain a lead certificate pursuant to this chapter which landlord is unable to comply with the sections of this chapter regarding obtaining a lead certificate due to the fact the state does not have adequate resources to conduct inspections and enforce the current law.
(b) If a landlord meets the qualifications under subsection (a) of this section, the landlord shall certify to the state that the landlord followed the lead mitigation law pursuant to this chapter as of September 1, 2024.
(c) If a landlord meets the qualifications under both subsections (a) and (b) of this section, the state shall not fine that landlord if the landlord’s property is not inspected and formally certified by the state within the current statutory deadline.
SECTION 2. This act shall take effect upon passage.
42-128.1-15. Safe harbor provision for landlords.
(a) This section shall apply to any landlord required to obtain a lead certificate pursuant to this chapter which landlord is unable to comply with the sections of this chapter regarding obtaining a lead certificate due to the fact the state does not have adequate resources to conduct inspections and enforce the current law.
(b) If a landlord meets the qualifications under subsection (a) of this section, the landlord shall certify to the state that the landlord followed the lead mitigation law pursuant to this chapter as of September 1, 2024.
(c) If a landlord meets the qualifications under both subsections (a) and (b) of this section, the state shall not fine that landlord if the landlord’s property is not inspected and formally certified by the state within the current statutory deadline.
SECTION 2. This act shall take effect upon passage.