Delaware lawmakers take steps to address rental properties with lead paint

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Delaware landlords will be required to prove their rental properties are safe from lead paint within the next three years, if a new law is signed by Gov. Matt Meyer.

The General Assembly passed legislation this week that would require rental homes built before the 1978 U.S. ban on lead paint to be certified lead-free or lead-safe.

“Rental housing that was built before 1978 is a leading cause of childhood lead poisoning in the United States, so addressing that hazard is extremely important for preventing cases of lead poisoning,” said Amy Roe, who chairs the state’s Childhood Lead Poisoning Prevention Advisory Committee.

Exposure to lead paint can cause serious health problems, including organ damage and cognitive impairment among children.

Kids can be exposed to lead paint by inhaling lead dust when paint chips are disturbed, eating paint chips or by touching their mouths after coming in contact with lead.

The bill in Delaware, which was amended several times, directs stakeholders to draft a feasibility study by March 2026 that will evaluate and guide the implementation of new lead paint regulations.

Once the regulations take effect, landlords would be required by March 2028 to, following an inspection, obtain a certification proving that their buildings are free of lead paint, or that lead paint is contained and therefore does not pose a health hazard.

“[The bill] is a really important piece of legislation that focuses on the health of Delawareans, particularly those Delawareans who are living in rental homes,” said the bill’s co-sponsor, state Sen. Marie Pinkney, during the General Assembly’s final day of session Monday. “It is another step towards the state’s efforts to remediate exposure to lead and lead paint.”

Landlords may seek a deferment under special circumstances, such as economic hardship or if a lead inspector is unavailable before the compliance deadline.

The legislation also establishes different requirements for landlords based on the number of units they own.

If lead is detected, landlords would be able to apply for loans or grants to help finance lead remediation or for temporarily rehousing tenants.

The legislation was decided almost entirely along party lines, with most Republican lawmakers voting against the bill. Opponents of the legislation voiced concern that the costs associated with addressing lead paint would drive out affordable rental units.

“If it’s a loan, they have to pay it back, and I will guarantee you, there is a shortage right now in rentals,” said Senate Minority Leader Gerald Hocker before Monday’s vote. “There’s a shortage in homes. There’s a shortage in feasible rental homes, and this will add to that cost, and this will take rentals off the market.”

Sen. Pinkney argued landlords have a seat at the table, including to draft the feasibility study, to ensure the regulations will continue to allow landlords to earn a profit.

Amy Roe, of the state’s Childhood Lead Poisoning Prevention Advisory Committee, said the legislation is a crucial next step to reducing lead exposure.

“A lot of other states and municipalities have taken steps like the one that Delaware is initiating, and have seen impressive reductions in their childhood blood poisoning rates, which impacts their entire lives,” she said. “It impacts their ability to succeed in school and in life. So, it will improve the lives of Delaware’s children for the remainder of their lives.”

This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.