Understanding the Rhode Island Rental Registry and Lead Certificate Rules

As of April, the Rhode Island Department of Health (RIDOH) has been issuing fines for noncompliance with the Rental Registry and lead compliance rules. If you own a pre-1978 rental property that requires a valid Lead Certificate of Conformance, here is what you need to know about the penalties and regulations.

Key Fines and Penalties

• No Valid Lead Certificate: At least $125 per unit, per month of noncompliance.
• Not Registered in the RI Rental Registry: At least $50 per unit, per month. If a property is both unregistered and missing the required lead certificate, both penalties can apply.
• Repeated Failure to Provide Certificate: The Rhode Island Attorney General can seek additional penalties of up to $1,000 per violation, along with injunctive relief.
• Uncorrected Cited Lead Hazards: RIDOH can impose civil penalties of up to $5,000 per day for each violation. Each day of continued violation can constitute a separate violation.
• Failure to Provide Inspection Results or Educational Materials: $100 to $500 per violation.

Legal Consequences Beyond Fines

Noncompliance carries severe legal risks beyond monetary penalties:

• Eviction Restrictions: Landlords generally cannot bring an eviction action for nonpayment of rent unless the property fully complies with the Rental Registry and applicable lead-certificate requirements.
• Rent Escrow: Tenants can petition the District Court to pay rent into escrow when the property is not compliant with lead requirements, including the Certificate of Conformance requirement.

Important Distinction for Ongoing Paint Work

If a property failed a lead inspection because exterior or interior paint work still needs to be completed, it is helpful to understand how penalties are applied:

The $125 per month fee is the Rental Registry penalty for not holding the required valid certificate. The fine of up to $5,000 per day specifically relates to violations of state lead-hazard requirements or formal enforcement orders. A property is not automatically subject to a $5,000 per day fine simply because a certificate has not yet been issued.