Delaware 153rd General Assembly (2025-2026) Status: Enacted 3 D cosponsors

HB 70 — AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 20, 2025. Enacted.

Signed by Governor Matt Meyer (Democratic) on July 21, 2025.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

In addition to other changes, this Substitute requires that a feasibility study be completed by March 1, 2026, a year before the remainder of this Act will be enforced. It also adds 5 additional members to the Committee issuing the feasibility review and appoints the Director of DSHA, or the Director’s designee, as the chair of this Committee. It also directs the Committee to answer a number of specific questions about the feasibility of this Act. Similar to HS 1 to HB 70, HS 2 to HB 70 differentiates between large property owners and small property owners, recognizing that smaller property owners may find lead certification to be prohibitively expensive and may need more time and assistance to comply with this Act. To that end, this Substitute bill defines large property owners as persons that own or control 20 or more rental units, while small property owners are defined as persons who control fewer than 20 rental units. In addition to different deadlines, small property owners may certify a multi-unit property by inspecting only 5 units of the property. All owners may request a certificate deferral if lead inspectors or certified contractors are not available or if remediation or abatement would create a significant economic burden on the property owner. Unlike HB 70, small and large property owners must obtain lead free or lead safe certification before a rental unit is turned over to a new tenant, but no later than 4 years after the Act is implemented. As in HB 70, if the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels. Similar to HB 70, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants must be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. For landlords with 5 or few units, grants or loans may be issued for 100% of the costs incurred to obtain certification. For landlords with 6-19 units, 50% of the costs may be covered by the fund. A landlord may not raise the rent on a rental unit that benefits from a grant or loan under this program for 3 years. It also permits the lead-based paint hazard control grant and loan program to issue loans to large property owners for 10% of the costs associated with lead abatement or remediation if the landlord can show the expenditure would be a significant financial burden. This Substitute bill further requires DHSS to provide an annual report to the Governor and the General Assembly regarding the number and types of certifications issued under this Act, as well as any violations or civil penalties issued. Prior to filing a complaint for eviction, this Substitute bill requires the landlord to provide documentation that the property in question is in compliance with this Act. No documentation is required if a complaint is filed because the tenant refuses to provide reasonable access to the rental unit so that the landlord may comply with this chapter. As in HB 70, this Act also does the following: (1) Establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. (2) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (3) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months. Aside from the feasibility review, this Act will not be implemented or enforced until March 1, 2027.

Bill Text

What changed in the latest version

404 added · 74 removed

Plain-language change summary

The amendments to HB 70 update the definitions and processes related to lead-based paint inspections and remediation. Specifically, landlords must now show evidence of contacting at least three lead inspectors and contractors if none are available before certification deadlines. Additionally, landlords will receive a notification from the Department of Health and Social Services at least 30 days before any civil penalty is assessed, allowing them a chance to address violations. These changes aim to provide a clearer process for landlords regarding inspections and compliance with lead safety regulations.

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Harris HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Harris & Sen.
1 TO HOUSE SUBSTITUTE NO.
Pinkney Rep.
Lambert HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.
70 AMEND House Substitute No.
70 AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.
2 for House Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
70 by deleting lines 55 through 58 in their entirety and inserting in lieu thereof the following:
Section 1.
“a.
Amend Part III, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
No lead inspectors approved by the Department are available to provide an inspection of the rental unit prior to the certification deadline.
Chapter 54.
The landlord must show evidence that the landlord contacted at least 3 lead inspectors to schedule an inspection before the certification deadline.”.
LEAD-BASED PAINT HAZARD REDUCTION § 5401.
AMEND House Substitute No.
Definitions.
2 for House Bill No.
For purposes of this chapter:
70 by deleting lines 65 through 69 in their entirety and inserting in lieu thereof the following:
(1) “Alternative housing” means as defined by the regulations promulgated by the Department and includes reasonable out-of-pocket expenses incurred as a result of relocating a tenant to the alternative housing such as rent charged for the alternative housing above the cost of the tenant’s existing unit, costs to move back and forth from the alternative housing, and storage costs for personal belongings.
“c.
(2) “Constructed” means the date on which a construction permit was obtained.
No contractors certified to perform lead-abatement or remediation work are available to complete any required lead abatement or remediation work prior to the certification deadline.
If no construction permit was obtained, it means the date that construction was started.
The landlord must provide evidence to the Department that the landlord contacted at least 3 certified contractors before the certification deadline.”.
(3) “Department” means the Department of Health and Social Services.
FURTHER AMEND House Substitute No.
(4) “Elevated blood lead level” means as defined in § 2601 of Title 16.
2 for House Bill No.
(5) “Landlord” means the owner of a rental unit.
70 after line 74 and before line 75 by inserting the following:
(6) “Large property owner” means a person who owns or controls 20 or more rental units.
“(4) At least 30 days before the Department begins to assess a civil penalty against a landlord under this section, the Department must notify the landlord that the landlord is in violation of this section.
(7) “Lead-based paint hazard” means as defined by regulations promulgated by the Department.
The notice provided by the Department must provide the landlord with the opportunity to fix the violation, including the opportunity to seek a deferment or apply for a grant or loan under § 5408 of this title.”.
(8) “Lead free” means that lead is not present in any form anywhere in the rental unit or premises.
FURTHER AMEND House Substitute No.
(9) “Lead inspector” means as defined in regulations promulgated by the Department.
2 for House Bill No.
(10) “Lead safe” means that a lead inspector has determined that a rental unit and premises do not have a lead-based paint hazard at the time of the inspection.
70 by deleting lines 115 through 118 in their entirety and inserting in lieu thereof the following:
“a.
No lead inspectors approved by the Department are available to provide an inspection of the rental unit prior to the certification deadline.
The landlord must show evidence that the landlord contacted at least 3 lead inspectors to schedule an inspection before the certification deadline.”.
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06/24/2025 12:01 PM FURTHER AMEND House Substitute No.
06/20/2025 02:17 PM (11) “Owner” includes corporations, companies, associations, firms, partnerships, societies, and joint- stock companies, as well as individuals.
2 for House Bill No.
(12) “Regularly visited” means visited at least 2 times a week for 3 or more hours at least 10 weeks per year.
70 by deleting lines 124 through 128 in their entirety and inserting in lieu thereof the following:
(13) “Rental unit” means as defined in § 5141 of Title 25.
“c.
(14) “Rental unit constructed before” a given date means a rental unit for which a construction permit was obtained before that date.
No contractors certified to perform lead-abatement or remediation work are available to complete any required lead abatement or remediation work prior to the certification deadline.
If no permit was obtained, it means that construction of the rental unit was started before that date.
The landlord must provide evidence to the Department that the landlord contacted at least 3 certified contractors before the certification deadline.”.
(15) ”Significant economic burden” means the required expenditure would materially affect the landlord’s ability to maintain or operate the rental property.
FURTHER AMEND House Substitute No.
The Department must take the following factors into consideration when determining if an expenditure is a significant economic burden to the landlord:
2 for House Bill No.
a.
70 after line 140 and before line 141 by inserting the following:
The total costs associated with lead abatement and remediation, including alternative housing.
“(h) At least 30 days before the Department begins to assess a civil penalty against a landlord under this section, the Department must notify the landlord that the landlord is in violation of this section.
The notice provided by the Department must provide the landlord with the opportunity to fix the violation, including the opportunity to seek a deferment or apply for a grant or loan under § 5408 of this title.”.
FURTHER AMEND House Substitute No.
2 for House Bill No.
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70 by deleting lines 219 through 226 in their entirety and inserting in lieu thereof the following:
“a.
One member appointed under paragraph (a)(1) of this section must be a large property owner or represent large property owners.
The overall financial resources of the landlord, including rental income, reserves, other sources of income, and financial obligations.
c.
The risk to tenant health and safety if the expenditure is delayed.
(16) “Small property owner” means a person who own or controls 19 or fewer rental units.
§ 5402.
Certification of Rental Units as Lead Free or Lead Safe – Small Property Owners.
(a) Starting after the [implementation date of this section of this Act], a small property owner must obtain certification from a lead inspector that each of the owner’s rental units constructed before January 1, 1978, is “lead free” or “lead safe.” The certificate must be obtained and filed with the Department prior to the commencement of a rental agreement with a new tenant, but no more than 4 years after [the implementation date of this section of this Act].
(b) The certificate required by subsection (a) of this section must include all of the following information:
(1) The name and address of the landlord and any property manager.
(2) The address of the rental unit.
(3) The name of the lead inspector issuing the certificate.
(4) The date the certificate was issued.
(5) The date of the inspection of the rental unit and premises.
(6) Whether the rental unit and premises are certified as lead free or lead safe.
(c)(1) The failure to obtain and file a certificate prior to the required date is a violation of this section.
The Department may assess a civil penalty up to $100 per day per rental unit until the required certificate is obtained and filed HD :
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06/20/2025 02:17 PM with the Department.
No civil penalty may be imposed if a certificate deferment is issued by the Department prior to the date on which certification is required.
(2) A certificate deferment may only be issued upon a showing that any of the following circumstances exist:
a.
No lead inspectors approved by the Department are available to provide an inspection of the rental unit prior to the certification deadline and the landlord requested a lead inspection at least 4 months prior to the certification deadline.
The landlord must show evidence that the landlord contacted at least 3 lead inspectors to schedule an inspection at least 4 months before the certification deadline.
b.
The landlord shows in good faith that it is a significant economic burden for the landlord to comply with the statutory deadlines required under subsection (a) of this section.
Good faith includes evidence that the landlord has applied to the lead-based paint hazard control grant and loan program for assistance under § 5408 of this chapter.
If there are no funds in the lead-based paint hazard control grant and loan program and compliance with this chapter is a significant economic burden, the landlord must receive a deferment.
c.
No contractors certified to perform lead-abatement or remediation work are available to complete any required lead abatement or remediation work prior to the certification deadline and the landlord requested the work at least 4 months prior to the certification deadline.
The landlord must provide evidence to the Department that the landlord contacted at least 3 certified contractors at least 4 months before the certification deadline.
d.
The property is a multi-unit property and qualifies for deferment under subsection (g) of this section.
(3) The length of the certificate deferment may not exceed 6 months, except as permitted under subsection (g) of this section.
The Department may issue an additional deferment if the applicant shows that the circumstances under paragraph (c)(2) of this section continue to exist and the landlord is acting in good faith.
(d) No certificate deferment may be issued if a lead hazard exists that makes the rental unit uninhabitable unless the landlord provides the tenant alternative housing as required by this chapter.
(e) A tenant must permit reasonable access to the rental unit and premises for an inspection and evaluation by a lead inspector as required by this chapter and in accordance with § 5509 of this title.
(f) The landlord must provide for alternative housing when an inspection and evaluation by a lead inspector reveals that the rental unit is uninhabitable as a result of a lead-based paint hazard.
The alternative housing must be HD :
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06/20/2025 02:17 PM 81 provided before or during the abatement or remediation of the rental unit.
The landlord must provide the tenant with at least 10 days advance notice before the tenant is required to move into or out of the alternative housing.
Nothing in this chapter precludes a tenant and landlord from agreeing to terminate a rental agreement so long as such agreement is voluntary and not coerced.
(g) Where the property requiring certification is a multi-unit building under the control of a small property owner, the lead inspector may choose 5 units in the building to inspect in lieu of an inspection of all units in the multi-unit building.
If the 5 units are selected by the lead inspector at random and are found to be lead safe by the lead inspector, only those rental units inspected by the lead inspector may be certified as lead safe and the rest of the units may receive a certificate deferral under this section for no more than 4 years.
If any of the 5 units selected by the lead inspector at random are found to contain a lead-based paint hazard, then all the units in the multi-unit building must be inspected and receive certification under this chapter.
The landlord must provide any tenant in a rental unit receiving a certificate deferral under this subsection notice that the tenant’s rental unit has not been inspected pursuant to this section.
§ 5403.
Certification of Rental Units as Lead Free or Lead Safe – Large Property Owners.
(a) Starting after [the implementation date of this section of this Act.], a large property owner must obtain certification from a lead inspector that each of the owner’s rental units constructed before January 1, 1978, is “lead free” or “lead safe.” The certificate must be obtained and filed with the Department prior to the commencement of a rental agreement with a new tenant, but no more than 4 years after the [implementation date of this section of this Act].
(b) The certificate required by subsection (a) of this section must include all of the following information:
(1) The name and address of the landlord and any property manager.
(2) The address of the rental unit.
(3) The name of the lead inspector issuing the certificate.
(4) The date the certificate was issued.
(5) The date of the inspection of the rental unit and premises.
(6) Whether the rental unit and premises are certified as lead free or lead safe.
(c) The failure to obtain and file a certificate prior to the required date is a violation of this section.
The Department may assess a civil penalty as follows:
(1) For the first 30 days of noncompliance, a civil penalty of up to $500 per day per rental unit until the certificate is filed.
(2) After the first 30 days, a civil penalty of up to $750 per day per rental unit until the certificate is filed.
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06/20/2025 02:17 PM (3) After 60 days of noncompliance, a civil penalty of up to $1000 per day per rental unit until the certificate is filed.
(d) (1) No civil penalty may be imposed if a certificate deferment is issued by the Department prior to the date on which certification is required.
A certificate deferment may only be issued upon a showing, in good faith, that any of the following circumstances exist:
a.
No lead inspectors approved by the Department are available prior to the certification deadline and the landlord requested a lead inspection at least 4 months prior to the certification deadline.
The landlord must show evidence that the landlord contacted at least 3 lead inspectors to schedule an inspection at least 4 months before the certification deadline.
b.
The landlord shows that it is a significant economic burden for the landlord to comply with the statutory deadline required under subsection (a) of this section.
Good faith includes evidence that the landlord has applied to the lead-based paint hazard control grant and loan program for assistance under § 5408 of this chapter.
If there are no funds in the lead-based paint hazard control grant and loan program and compliance with this chapter is a significant economic burden, the landlord must receive a deferment.
c.
No contractors certified to perform lead-abatement or remediation work are available to complete any required lead abatement or remediation work prior to the certification deadline and the landlord requested the work at least 4 months prior to the certification deadline.
The landlord must show evidence that the landlord contacted at least 3 certified contractors to schedule an inspection at least 4 months before the certification deadline.
(2) The length of the certificate deferment may not exceed 6 months and shall be limited to the period of time required for the applicant to have an inspection conducted or the abatement or remediation work completed.
(e) No certificate deferment may be issued if a lead hazard exists that makes the rental unit uninhabitable unless the landlord provides the tenant alternative housing as required by this chapter.
(f) A tenant must permit reasonable access to the rental unit and premises for an inspection and evaluation by a lead inspector as required by this chapter and in accordance with § 5509 of this title.
(g) The landlord must provide for alternative housing when an inspection and evaluation by a lead inspector reveals that the rental unit is uninhabitable as a result of a lead-based paint hazard.
The alternative housing must be provided before or during the abatement or remediation of the rental unit.
The landlord must provide the tenant with at least 10 days advance notice before the tenant is required to move into or out of the alternative housing.
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06/20/2025 02:17 PM precludes a tenant and landlord from agreeing to terminate a rental agreement so long as such agreement is voluntary and not coerced.
§ 5404.
Lead inspectors.
(a) Only individuals approved as lead inspectors by the Department may issue certificates.
No individual may be approved by the Department as a lead inspector unless the individual has successfully completed a training program approved by the Department on the identification and evaluation of lead-based paint hazards or a training program of another state that the Department has determined to be as stringent as the program approved by the Department.
(b) No certificate may be issued unless the lead inspector conducts an inspection and evaluation of the rental unit and premises in a manner required by Department regulations.
(c) The Department must establish and maintain a list of all lead inspectors.
The list must be available to the public.
(d) The lead inspector must inform the Department, the landlord, and tenant of any lead-based paint hazard revealed during an inspection and evaluation of a rental unit.
The lead inspector must provide the landlord and tenant with information regarding the safe remediation and abatement of lead-based paint hazards as required by Department regulations.
§ 5405.
Recertification of rental units as lead free or lead safe.
(a) A rental unit certified as lead safe must be recertified in each of the following circumstances:
(1) Prior to the commencement of a rental agreement that begins more than 4 years after the date on which the unit was last certified as lead safe.
(2) When an elevated blood lead level is found in an individual residing in the unit.
(3) When a lead-based paint hazard is discovered in the rental unit or premises.
(b) A rental unit certified as lead free must be recertified if any of the following occurs:
(1) A lead-based paint hazard is discovered in the rental unit or premises.
(2) An elevated blood lead level is found in an individual residing in the unit.
§ 5406.
Disclosure of certification.
(a) Effective [the implementation date of this section of this Act], every rental agreement on a rental unit constructed prior to January 1, 1978, must contain a disclosure as to whether the rental unit and premises have been certified as lead safe or lead free, the date of the certification, and the name of the lead inspector issuing the certificate.
(b) If a certificate is required under this chapter, the landlord must provide the tenant with a copy of a lead safe or lead free certificate identified in the rental agreement within 7 days of a request for the certificate.
Failure to provide the HD :
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06/20/2025 02:17 PM certificate is a violation of this section and the landlord may be assessed a civil penalty of $50 per day until the certificate is provided to the tenant.
(c) The Department may promulgate regulations addressing the format of the disclosures required by this chapter.
§ 5407.
Educational material.
(a) The landlord must provide the tenant with any educational material required to be provided by Department regulations and the U.S.
Environmental Protection Agency relating to lead hazards.
(b) The material must be provided before the tenant occupies the rental unit.
Failure to provide the required educational materials is a violation of this section and the landlord may be assessed a civil penalty of $20 per day until the material is provided to the tenant.
(c) Effective [the implementation date of this section of this Act], every rental agreement on a rental unit constructed prior to January 1, 1978, must require that a tenant acknowledge receipt of the material required by this section.
§ 5408.
Lead-based paint hazard control grant and loan program.
(a) The Department must establish and administer a lead-based paint hazard control grant and loan program to assist small and large property owners with the financial costs of complying with the requirements of this chapter, including any of the following:
(1) Obtaining a required certificate.
(2) The remediation or abatement of lead hazards in a rental unit.
(3) Paying for alternative housing for tenants when alternative housing is required by § 5402 of this title.
(b) Preference in grants must be given for rental units that are the primary residence for children under 6 years old, pregnant individuals, or tenants regularly visited by a child under 6 years old.
Funds must be provided to small property owners in the form of grants until January 1, 2029, after which time funds must be provided to small property owners only in the form of loans.
Large property owners may only receive loans under this section.
(c) A landlord receiving grant or loan funds under this section is prohibited from raising the rental fee on the property for which the grant or loan was received for a period of 3 years from the date of the inspection that indicated the need for remediation or abatement of lead hazards.
(d) A small property owner who owns or controls 5 or fewer rental units may be awarded a grant or loan that covers up to 100% of the costs associated with complying with the requirements of this chapter.
(e) A small property owner who owns or controls 6 to 19 rental units may be awarded grants or loans that cover up to 50% of the costs associated with complying with the requirements of this chapter.
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06/20/2025 02:17 PM (f) A large property owner may qualify for a loan of up to 10% of the costs of lead remediation, abatement, and alternative housing if the property owner shows that the costs create a significant economic burden on the property owner.
A large property owner may not receive a grant under this section.
(g) If a small or large property owner sells or transfers a rental unit that received the benefits of a grant or loan under this section and the transfer is within the 3 year period determined by subsection (c) of this section, the transferee and any subsequent transferee may not raise the rent on the rental unit until the end of the 3 year period determined by subsection (c) of this section.
§ 5409.
Anti-discrimination provision.
(a) It is unlawful to discriminate against an individual because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing relating to the presence of a lead-based paint hazard in a rental unit or premises, or the failure to register the rental unit or to obtain or provide a certificate.
(b) It is unlawful to discriminate against an individual because the individual or someone residing with the individual in a rental unit has an elevated blood lead level or is perceived as having an elevated blood lead level.
It is also unlawful to discriminate against an individual seeking to rent a rental unit because the individual or someone who would be residing in the rental unit has an elevated blood lead level or is perceived as having an elevated blood lead level.
(c) A violation of this section is considered a discriminatory housing practice under Chapter 46 of Title 6.
§ 5410.
Feasibility review.
(a) There is established a committee known as the Lead-Based Paint Remediation Certification Committee (“the Committee”).
The Committee consists of 10 members as follows:
(1) Four members appointed by the Governor, after consultation with Delaware business organizations and tenant advocacy organizations.
a.
One member appointed under paragraph (a)(1) of this section must represent rental housing providers.
b.
One member appointed under paragraph (a)(1) of this section must be a small property owner or represent small property owners.
One member appointed under paragraph (a)(1) of this section must be a small or large property owner.
(2) One member of the House of Representatives to be appointed by the Speaker of the House of Representatives.
(2) One member appointed by the Speaker of the House of Representatives.
(3) One member of the Senate to be appointed by the President Pro Tempore of the Senate.”.
(3) One member appointed by the President Pro Tempore of the Senate.
FURTHER AMEND House Substitute No.
(4) The Director of the Delaware State Housing Authority, or the Director’s designee.
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“(10) What procedures will be put in place for a property owner to obtain certification? What forms must be created prior to implementation of this chapter? (11) What procedures and forms will the courts have in place for a landlord who seeks summary possession and must comply with § 5704A of this title? Are the new requirements under § 5704A of this title necessary to enforce Chapter 54 of this title?”.
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06/24/2025 12:01 PM SYNOPSIS This Amendment makes the following changes to HS 2 to HB 70:
06/20/2025 02:17 PM (5) The President of the Delaware Technical Community College, or the President’s designee.
(1) Removes the requirement that landlords request lead-abatement or remediation work at least 4 months prior to the certification deadline in order to obtain a deferment.
(6) The Secretary of the Department of Health and Social Services, or the Secretary’s designee.
(2) Requires the Department to provide 30 days advance notice to a landlord that misses a certification deadline prior to an assessment of a civil penalty.
(7) The Director of the Delaware State Lead-Based Paint Program, or the Director’s designee.
Provides the landlord with the opportunity to fix the violation or request a deferment prior to the assessment of a civil penalty.
(b) A member serves until a replacement is appointed under the same process as the member’s appointment.
(3) Clarifies that the feasibility review committee be composed of one small property owner (or a representative of a small property owner), and a large property owner (or a representative of a large property owner).
(c) A majority of the members must be present at a Committee meeting in order to have quorum and conduct official business.
(4) Clarifies that one member of the feasibility review committee must be a member of the House of Representatives and one member must be a member of the Senate.
A vacancy on the Committee is not counted for quorum.
(5) Adds additional questions that must be answered in the formal report issued by the feasibility review committee.
(d) The Director of the Delaware State Housing Authority, or the Director’s designee, will serve as chair of the Committee.
Staff support for the Committee must be provided by the Delaware State Housing Authority.
(e) The Committee shall, on an ongoing basis, study the available workforce and available public funding to support the inspection and remediation efforts required by this chapter, along with any other factors impacting property owners’ ability to comply with deadlines established in § 5402 and § 5403 of this title.
The Committee must invite and accept input from the public in fulfilling its duties.
(f) By March 1, 2026, the Committee must issue a formal report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services as to whether it is feasible for persons subject to the deadlines established in § 5402 and § 5403 of this title to comply with those deadlines.
In addition to any other issues the Committee deems relevant to feasibility, the formal report must answer the following questions:
(1) Are the existing certification deadlines in this chapter feasible? If not, propose new deadlines to replace those enumerated in § 5402 and § 5403 of this title.
(2) How many current rental units in the State were constructed before January 1, 1978? How many are in each county? (3) How many approved inspectors or certified contractors are there in the State who can perform lead inspection or lead remediation and abatement? How does the State incentivize and train additional inspectors and certified contractors to meet the needs of this chapter? (4) What is an appropriate standard for a lead inspection? How should lead safe be defined and determined? (5) What is the predicted demand for loans or grants under this chapter? (6) If not the Department, what State or local agency, department, or program is better situated to implement and enforce this chapter? (7) What is the potential impact this chapter will have on small property owners, mid-size property owners, and large property owners? HD :
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06/20/2025 02:17 PM (8) If resources are limited, what geographic areas or types of rental units should be prioritized under this chapter? (9) How will property owners be notified and informed of their obligations under this chapter, including the availability of grants and loans from the State? (g) After the delivery of the initial report under subsection (f) of this section, the Committee must issue an updated report on January 1 of each calendar year through January 1, 2030.
Every report issued under this subsection shall, if the Committee believes existing deadlines are not feasible, propose specific new deadlines to replace those enumerated in § 5402 and § 5403 of this title or enacted subsequently under this section.
(h) The Committee is dissolved upon the issuance of a report indicating that no new deadlines are required pursuant to subsection (g) of this section.
(i) If the Committee requires an extension of the deadline to issue an initial report under subsection (f) of this section, the Committee may request an extension from the General Assembly.
§ 5411.
Regulations.
The Department shall adopt regulations to implement this chapter.
§ 5412.
Reports.
(a) Beginning after [the implementation date of this section of this Act], the Department shall create an annual report with the following information:
(1) The total number of certificates filed with the Department.
(2) The number of certificate deferrals issued by the Department and the basis for the deferrals.
(3) The number of certificate deferral requests that were denied and the reason for the denials.
(4) Any violations or civil penalties issued by the Department under this chapter.
(5) The number of inspections that disclosed a lead-based paint hazard.
(b) The Department shall submit the annual report under subsection (a) of this section to the Governor, the General Assembly, and the Director and the Librarian of the Division of Research of Legislative Council not later than January 1.
§ 5413.
Anti-Loophole Provision To prevent circumvention of this chapter, all owners of rental property must disclose to the Department their beneficial owner and any affiliation with other property owners.
Any attempt to partition or transfer ownership to avoid classification as a large property owner must be considered a violation of this chapter and subject to penalties.
Any rental unit transferred to a spouse, child, or parent of the property owner will be counted as a rental unit of the initial owner or transferor.
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06/20/2025 02:17 PM Section 2.
Amend § 5305, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5305.
Landlord obligations relating to the rental unit.
(a) The landlord shall, at all times during the tenancy:
tenancy, do all of the following:
(1) Comply with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the rental unit and the property of which it is a part;
part.
(2) Provide a rental unit which shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented;
rented.
(3) Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord;
landlord.
(4) Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy;
and tenancy.
(5) Maintain all electrical, plumbing and other facilities supplied by the landlord in good working order.
(6) Provide a rental unit that is free of lead-based paint hazards and certified as lead safe or lead free as required by Chapter 54 of this title.
Section 3.
Amend Chapter 57, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5704A.
Additional documentation relating to lead-based paint hazards.
(a) When filing a complaint for possession, the landlord must provide documentation to the court demonstrating that the property is in compliance with Chapter 54 of this title, relating to lead-based paint hazards.
(b) If the reason for the complaint is because the tenant will not provide reasonable access to the property so that the landlord may comply with Chapter 54 of this title, then documentation under subsection (a) of this section is not required.
Section 4.
Amend § 2612, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2612.
Remediation and abatement duties of Delaware State Lead-Based Paint Program.
(d) Competitive bid invitations issued by the Program for lead-based paint abatement or remediation must contain all of the following:
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06/20/2025 02:17 PM (1) Provisions requiring verification by bidders of procedures to be used for risk assessment.
(2) Provisions requiring verification by bidders of procedures to be specified by the Program to limit the generation of lead dust, contain lead dust within work areas, conduct daily and final cleanings, and perform clearance testing.
(3) Provisions requiring verification by bidders of procedures regarding treatment of exteriors, including siding and carpentry repairs, porch repairs, and garage repairs.
(4) Provisions requiring verification by bidders regarding the testing and treatment of soil.
(5) Provisions requiring verification by bidders of procedures regarding interior treatment, including initial and daily cleaning;
repairs and component replacements;
paint stabilization treatment of windows, doors, stairs, walls, ceilings, hard surface and basement floors, and radiators;
and final cleaning.
(6) Provisions specifically providing for the safety of workers performing lead-based paint abatement or remediation work, including free blood testing for workers performing abatement or remediation work at least every 3 months.
Section 5.
This Act is effective immediately and is to be implemented as follows:
(1) § 5410 of Title 25, as contained in Section 1 of this Act, must be implemented immediately and an initial report must be issued by March 1, 2026.
(2) The remainder of the Act must be implemented starting on March 1, 2027.
SYNOPSIS In addition to other changes, this Substitute requires that a feasibility study be completed by March 1, 2026, a year before the remainder of this Act will be enforced.
It also adds 5 additional members to the Committee issuing the feasibility review and appoints the Director of DSHA, or the Director’s designee, as the chair of this Committee.
It also directs the Committee to answer a number of specific questions about the feasibility of this Act.
Similar to HS 1 to HB 70, HS 2 to HB 70 differentiates between large property owners and small property owners, recognizing that smaller property owners may find lead certification to be prohibitively expensive and may need more time and assistance to comply with this Act.
To that end, this Substitute bill defines large property owners as persons that own or control 20 or more rental units, while small property owners are defined as persons who control fewer than 20 rental units.
In addition to different deadlines, small property owners may certify a multi-unit property by inspecting only 5 units of the property.
All owners may request a certificate deferral if lead inspectors or certified contractors are not available or if remediation or abatement would create a significant economic burden on the property owner.
Unlike HB 70, small and large property owners must obtain lead free or lead safe certification before a rental unit is turned over to a new tenant, but no later than 4 years after the Act is implemented.
As in HB 70, if the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation.
Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified.
Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels.
Similar to HB 70, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program.
Preference for grants must be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old.
For landlords with 5 or few units, grants or loans may be issued for 100% of the costs incurred to obtain HD :
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06/20/2025 02:17 PM certification.
For landlords with 6-19 units, 50% of the costs may be covered by the fund.
A landlord may not raise the rent on a rental unit that benefits from a grant or loan under this program for 3 years.
It also permits the lead-based paint hazard control grant and loan program to issue loans to large property owners for 10% of the costs associated with lead abatement or remediation if the landlord can show the expenditure would be a significant financial burden.
This Substitute bill further requires DHSS to provide an annual report to the Governor and the General Assembly regarding the number and types of certifications issued under this Act, as well as any violations or civil penalties issued.
Prior to filing a complaint for eviction, this Substitute bill requires the landlord to provide documentation that the property in question is in compliance with this Act.
No documentation is required if a complaint is filed because the tenant refuses to provide reasonable access to the rental unit so that the landlord may comply with this chapter.
As in HB 70, this Act also does the following:
(1) Establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act.
(2) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises.
(3) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards.
(4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months.
Aside from the feasibility review, this Act will not be implemented or enforced until March 1, 2027.
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 26 YES 11 NO 2 NOT VOTING 1 ABSENT 1 VACANT

  3. Passed By Senate. Votes: 15 YES 6 NO

  4. Amendment SA 2 to HS 2 - Passed By Senate. Votes: 21 YES

  5. Amendment SA 1 to HS 2 - Stricken in Senate

  6. Reported Out of Committee (Executive) in Senate with 1 Favorable, 3 On Its Merits

  7. Assigned to Executive Committee in Senate

  8. Passed By House. Votes: 26 YES 12 NO 2 NOT VOTING 1 VACANT

  9. Amendment HA 1 to HS 2 - Passed In House by Voice Vote

  10. Amendment HA 1 to HS 2 - Introduced and Placed With Bill

  11. was introduced and adopted in lieu of HB 70

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 0 co-sponsors · 59 not signed on · 18 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (59)

59 members have not signed on to this bill.

Show all 59 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 0600
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 26 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 25001
Republican 11201
Total 261202
% of votes cast 65%30%0%5%
How each member voted (40)
Member Party Vote
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay
Valerie Jones Giltner Republican Nay

Official roll call →

Subjects

public-safety housing civil-rights environment labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 70 do?
In addition to other changes, this Substitute requires that a feasibility study be completed by March 1, 2026, a year before the remainder of this Act will be enforced. It also adds 5 additional members to the Committee issuing the feasibility review and appoints the Director of DSHA, or the Director’s designee, as the chair of this Committee. It also directs the Committee to answer a number of specific questions about the feasibility of this Act. Similar to HS 1 to HB 70, HS 2 to HB 70 differentiates between large property owners and small property owners, recognizing that smaller property owners may find lead certification to be prohibitively expensive and may need more time and assistance to comply with this Act. To that end, this Substitute bill defines large property owners as persons that own or control 20 or more rental units, while small property owners are defined as persons who control fewer than 20 rental units. In addition to different deadlines, small property owners may certify a multi-unit property by inspecting only 5 units of the property. All owners may request a certificate deferral if lead inspectors or certified contractors are not available or if remediation or abatement would create a significant economic burden on the property owner. Unlike HB 70, small and large property owners must obtain lead free or lead safe certification before a rental unit is turned over to a new tenant, but no later than 4 years after the Act is implemented. As in HB 70, if the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels. Similar to HB 70, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants must be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. For landlords with 5 or few units, grants or loans may be issued for 100% of the costs incurred to obtain certification. For landlords with 6-19 units, 50% of the costs may be covered by the fund. A landlord may not raise the rent on a rental unit that benefits from a grant or loan under this program for 3 years. It also permits the lead-based paint hazard control grant and loan program to issue loans to large property owners for 10% of the costs associated with lead abatement or remediation if the landlord can show the expenditure would be a significant financial burden. This Substitute bill further requires DHSS to provide an annual report to the Governor and the General Assembly regarding the number and types of certifications issued under this Act, as well as any violations or civil penalties issued. Prior to filing a complaint for eviction, this Substitute bill requires the landlord to provide documentation that the property in question is in compliance with this Act. No documentation is required if a complaint is filed because the tenant refuses to provide reasonable access to the rental unit so that the landlord may comply with this chapter. As in HB 70, this Act also does the following: (1) Establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. (2) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (3) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months. Aside from the feasibility review, this Act will not be implemented or enforced until March 1, 2027.
Who sponsors HB 70?
HB 70 is sponsored by Spiros Mantzavinos (Democratic), Marie Pinkney (Democratic), and Kerri Evelyn Harris (Democratic).
What is the current status of HB 70?
This bill has been enacted into law. Introduced June 20, 2025. Enacted.
Where can I track HB 70?
Track HB 70 free on One Click Politics — get push/email alerts when it moves.

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