Bill Text - HB1539 (2020)

Relative to the relocation of children with elevated lead levels.

Revision: Dec. 3, 2019, 11:02 a.m.










AN ACT relative to the relocation of children with elevated lead levels.


SPONSORS: Rep. Long, Hills. 10


COMMITTEE: Judiciary






This bill establishes procedures for the relocation of children with elevated lead levels.


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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Twenty


AN ACT relative to the relocation of children with elevated lead levels.


Be it Enacted by the Senate and House of Representatives in General Court convened:


1  New Paragraph; Lead Paint Poisoning Prevention and Control; Property Owner Notification.  Amend RSA 130-A:6-a by inserting after paragraph IV the following new paragraph:

V.  The notice from the department under paragraph I shall include a directive to complete, within 15 days, a list of preventative measures to identify and mitigate any potential lead hazards in the unit, which may have resulted in the elevated blood lead level.

(a)  If the property owner fails to timely complete the measures required under this paragraph, the tenant shall have the right to use rent money to complete the measures.

(b)  If the tenant uses the rent money to undertake the measures required in the notice, upon request by the property owner, the tenant shall furnish receipts, or other proof of payment, to verify specifically the manner in which the rent money was used.

2  New Subparagraph; Lead Paint Poisoning Prevention and Control; Enforcement.  Amend RSA 130-A:7, II by inserting after subparagraph (e) the following new subparagraph:

(f)  A list of temporary measures which the owner shall take to protect the child from further exposure to lead, until the owner undertakes long-term lead hazard reduction activities.  The list of temporary measures may include actions that can be completed at one time and/or actions which shall be performed on a recurring basis as set forth in the order.  The owner shall implement the temporary measures within 7 days of receiving the order.  The landlord shall not be responsible for any alterations or damage made by tenant to undertake the temporary measures.

3  Lead Paint Poisoning Prevention and Control; Relocation of Tenants.  RSA 130-A:8-a is repealed and reenacted to read as follows:

130-A:8-a  Relocation of Tenants.

I.  Within 30 days of receiving an order for lead hazard reduction from the commissioner pursuant to RSA 130-A:7, the owner shall make an unconditional written offer to relocate the tenant until the department approves the premises for re-occupancy.  The offer shall contain the following:

(a)  An offer to return the tenant's entire security deposit, regardless of any arrears or the condition of the apartment within 48 hours of the tenant's request.

(b)  An offer to prorate the tenant's rent for the month in which tenant temporarily vacates the premises, and to return the portion paid by the tenant for the days after the tenant has left the premises.

(c)  An offer to pay the difference between the tenant's rent for the temporary dwelling, and the tenant's rent at the time the landlord received the order from the department, until the department approves the dwelling for re-occupancy.  If, however, the rent for the temporary dwelling exceeds fair market rent for the geographical area in which the tenant's current dwelling is located, as established annually by the United States Department of Housing and Urban Development (HUD), the maximum monthly payment for which the owner is liable is the difference between the HUD fair market rent for a unit with the number of bedrooms in the tenant's current apartment, and the tenant's current rent.

(d)  An offer to pay reasonable moving and/or storage costs, including moving costs incurred by the tenant in re-occupying the premises.

(e)  An offer to give the tenant a right of first refusal when the dwelling is approved for re-occupancy.

(f)  An offer to rescind the existing lease if the tenant chooses not to re-occupy the premises.

4  New Paragraphs; Lead Paint Poisoning Prevention and Control; Relocation of Tenants.  Amend RSA 130-A:8-a by inserting after paragraph VIII the following new paragraphs:

IX.  After the owner has implemented the temporary measures set forth in the commissioner’s order pursuant to RSA 130-A:7, II(f), as an alternative to the payments required in RSA 130-A:7, II(f), and notwithstanding the provisions of RSA 540:28, the parties may agree to a lump sum payment for the tenant to permanently vacate the premises.  Each agreement shall be in writing and shall include the following:

(a)  One half of the sum agreed to by parties shall be paid within 72 hours of the parties reaching the agreement.

(b)  The remainder of the sum agreed to shall be paid within 48 hours of tenant vacating the property along with tenant’s full security deposit regardless of any damage to the property or rental arrears.

X.  The offer made by the owner pursuant to paragraph IX shall expire if not accepted by the tenant within 15 days, provided that the owner may, at the owner's discretion, renew the offer at any time.

5  Effective Date.  This act shall take effect 60 days after its passage.