HB 5364 Summary

• Lowers the blood lead level threshold for triggering liability from 10 micrograms per deciliter to 5 micrograms per deciliter for property managers, housing commissions, and rental unit owners.

• Requires property managers and owners to act in good faith to reduce lead-based paint hazards within 90 days of acquiring actual knowledge of the hazard through interim controls, abatement, or a combination thereof.

• Establishes criminal penalties: misdemeanor punishable by up to 93 days imprisonment or up to $5,000 fine for first offense; up to 93 days imprisonment or up to $10,000 fine for subsequent offenses.

• Allows property managers and owners to assert affirmative defenses, including proof they contracted for hazard reduction and reasonably expected completion, or that tenants denied access to the premises.

• Makes affirmative defense under interim controls/abatement contingent on providing documentation showing compliance with federal Centers for Disease Control and Prevention lead abatement guidelines.