Delaware § 5408 - Lead-based paint hazard control grant and loan program [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].

§ 5408. Lead-based paint hazard control grant and loan program [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].

(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.

(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.

85 Del. Laws, c. 98, § 1;