(a)  Pregnant women and families with children under six (6) years of age shall be deemed to have a right to housing in which lead hazards have been mitigated or abated.

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Terms Used In Rhode Island General Laws 42-128.1-10

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b) Injunctive Relief.  Effective November 1, 2005, if the property owner of a rental dwelling fails to comply with such standards for lead hazard mitigation, or abatement, as applicable, a right of private action shall exist that allows households that include an at risk occupant to seek injunctive relief from a court with jurisdiction against the property owner in the form of a court order to compel compliance with requirements for lead hazard control or mitigation. A person who prevails is entitled to an award of the costs of the litigation and reasonable attorneys’ fees in an amount to be fixed by the court. Cases brought before the court under this section shall be granted an accelerated hearing.

History of Section.
P.L. 2002, ch. 187, § 3; P.L. 2002, ch. 188, § 3; P.L. 2004, ch. 221, § 2; P.L. 2004, ch. 223, § 2; P.L. 2005, ch. 142, § 2; P.L. 2005, ch. 143, § 2.