Carlos owns a duplex built in 1972 in Newport. He sells one unit and rents the other. His listing agent, Patricia, is preparing the transaction documents. Regarding lead paint obligations, which of the following correctly distinguishes Rhode Island's requirements from the federal standard for this property?
Correct Answer
B) Rhode Island requires a Certificate of Conformance for the rental unit under § 42-128.1, while federal law requires only lead paint disclosure for both the sale and rental of pre-1978 housing.
Rhode Island's Lead Hazard Mitigation Act (§ 42-128.1) imposes a stricter obligation for the rental unit: Carlos must obtain a Certificate of Conformance from a licensed lead inspector before renting. The federal Residential Lead-Based Paint Hazard Reduction Act, by contrast, requires only written disclosure of known lead-based paint hazards and distribution of the EPA pamphlet for both sales and rentals of pre-1978 housing — it does not require a Certificate of Conformance. This distinction between Rhode Island's certificate requirement and the federal disclosure-only standard is a critical state-specific concept.
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The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
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