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Tom owns a three-unit rental property in Pawtucket that was built in 1965. He is preparing to rent one of the units to a new tenant. Under Rhode Island's Lead Hazard Mitigation Act, R.I. Gen. Laws § 42-128.1, what must Tom do before the tenant takes occupancy?

Correct Answer

B) Obtain a Certificate of Conformance from a licensed lead inspector confirming the unit meets lead hazard mitigation standards.

Under R.I. Gen. Laws § 42-128.1, owners of pre-1978 rental housing in Rhode Island must obtain a Certificate of Conformance from a licensed lead inspector before renting. This certificate confirms the unit meets Rhode Island's lead hazard mitigation standards. This requirement goes significantly beyond federal law, which only mandates disclosure. Tom's 1965 property clearly falls under this requirement.

Answer Options
A
Provide the tenant with a written disclosure stating that lead-based paint may be present in the unit.
B
Obtain a Certificate of Conformance from a licensed lead inspector confirming the unit meets lead hazard mitigation standards.
C
Provide the tenant with the EPA pamphlet 'Protect Your Family from Lead in Your Home' and a signed acknowledgment.
D
File a lead hazard notification form with the Rhode Island Department of Health within 30 days of the lease start date.

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Related Topics & Key Terms

Key Terms:

lead_hazard_mitigationcertificate_of_conformancepre_1978_rental42-128.1

Related Concepts

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

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