R.I. Gen. Laws ch. 42-128.1 § 42-128.1-10
Right to housing where lead hazards are corrected
Operative Text
(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. (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.
Rhode Island General Laws § 42-128.1-10 establishes that pregnant women and households with children under six have a recognized right to rental housing free of lead hazards. When a property owner fails to meet the applicable lead hazard mitigation or abatement standards, the law creates a private right of action allowing affected households to go to court and seek an order compelling the owner to comply. Courts are required to schedule these cases on an accelerated basis, and a prevailing party may be awarded litigation costs and reasonable attorneys' fees.
Plain English — not legal advice.
Under R.I. Gen. Laws § 42-128.1-10, property owners who rent to households that include pregnant women or children under six are expected to meet Rhode Island's lead hazard mitigation or abatement standards before and during those tenancies. Compliant operators typically document their lead hazard control work, maintain records of inspections and certifications, and address any identified hazards promptly to avoid court-ordered compliance actions. Because prevailing tenants can recover attorneys' fees and litigation costs, unresolved lead hazard issues carry meaningful legal exposure for owners.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 42-128.1-10 of Rhode Island General Laws gives households that include a pregnant woman or a child under six the right to rental housing where lead hazards have been mitigated or abated. If a property owner is not meeting the applicable lead hazard standards, this provision allows eligible households to file a private lawsuit seeking a court order — not just monetary damages — compelling the owner to comply, and courts must hear these cases on an accelerated schedule. Tenants who prevail may be entitled to recover their litigation costs and reasonable attorneys' fees; tenant-rights organizations and legal aid offices in Rhode Island can help households understand what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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