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Delaware rental lead certificate law (HB 70): what’s coming

Short answer: Not yet. Delaware’s law (HB 70, signed July 21, 2025) starts by March 1, 2028 at the latest, or 12 months after the state announces funding and final rules. Then every rental built before 1978 needs a lead-safe or lead-free certificate before a new tenant’s lease starts, and all units must be certified within 4 years. Lead-safe certificates last 4 years. Once it starts, you’ll need proof of compliance to file an eviction. As of November 2026, no implementing rules have been issued.

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Status: starts 2028-03-01

Who it covers

Every rental unit built before January 1, 1978, statewide, once the law is implemented (by March 1, 2028 at the latest). Rules differ for small owners (19 or fewer units) and large owners (20+).

How long it lasts

Lead-safe certificate: 4 years (needed again before any lease that starts more than 4 years after the last one). Lead-free: no expiry unless a hazard or elevated blood lead level turns up.

What it costs

No filing fee set yet. The law creates grants and loans: up to 100% of costs for owners of 5 or fewer units, up to 50% for 6–19 units.

If you don’t comply

Small owners: up to $100 per day per unit with no certificate. Large owners: up to $500 per day per unit for the first 30 days, $750 after 30 days, and $1,000 after 60 days. DHSS must give 30 days' notice and a chance to fix it before penalties start. Other penalties: $50 per day for not giving a tenant a copy of the certificate within 7 days of asking, and $20 per day for not providing educational material. Splitting ownership to stay under 20 units is a violation.

What you need and when

What you need	When	Cost
Lead-safe or lead-free certificate After implementation, get a certificate from a DHSS-approved lead inspector and file it with DHSS before a new tenant's lease starts. Every pre-1978 unit must be certified within 4 years of implementation (by about March 1, 2032 if implementation is March 1, 2028). A lead-safe certificate must be renewed before any lease that starts more than 4 years after the last one. Both lead-safe and lead-free must be recertified if a hazard is found or a resident has an elevated blood lead level.	at each new tenant, if the last one is more than 4 years old; first deadline March 1, 2032; starts March 1, 2028	No filing fee set in statute; inspector fees not yet known
Lease lead disclosure Every lease on a pre-1978 unit must state whether it is certified lead-safe or lead-free, the date, and the inspector's name, and must have the tenant acknowledge getting the educational material. Give a copy of the certificate within 7 days of a tenant's request.	before each new tenant moves in; starts March 1, 2028	-
Lead education material before move-in Give tenants the lead material required by DHSS regulations and EPA before they move in.	before each new tenant moves in; starts March 1, 2028	-

Not covered

Units built (permit pulled) on or after January 1, 1978
Certificate deferment of up to 6 months (renewable) if no inspector or contractor is available after contacting 3, or if compliance is a significant economic burden
Small owners with multi-unit buildings: if 5 randomly picked units pass, the rest can be deferred up to 4 years

Certificate types

Lead-safe certificate: A lead inspector found no lead-based paint hazard in the unit and premises at the time of inspection. 4 years (recertify before a lease starting more than 4 years later)
Lead-free certificate: No lead present in any form anywhere in the unit or premises. No expiry unless a hazard or elevated blood lead level is found

How to get inspected

Individuals approved by DHSS as lead inspectors (trained in a DHSS-approved program or an equally strict out-of-state one). DHSS must publish the list. The 'lead inspector' definition and inspection method are left to DHSS regulations, which had not been issued as of Nov 2026.

Fees

Certificate filing with DHSS: (delcode.delaware.gov)
State help (grant/loan): Owners of 5 or fewer units: up to 100% of costs; 6-19 units: up to 50%; grants for small owners until Jan 1, 2029, loans after; large owners loans only (up to 10% of remediation); no rent increase for 3 years after aid (delcode.delaware.gov)

What to give tenants

Lease disclosure of certificate status, date and inspector.
DHSS/EPA lead educational material before move-in, with written tenant acknowledgment in the lease.
Copy of the certificate within 7 days of a tenant's request.
Notice to tenants in deferred units that their unit was not inspected.
At least 10 days' notice before moving tenants into or out of alternative housing.
Federal EPA/HUD lead disclosure applies now.

The federal lead disclosure rule applies on top of this for nearly every rental built before 1978. What it requires.

Evictions and rent

Once implemented, a landlord filing a complaint for possession (summary possession) must give the court documentation that the unit complies with Chapter 54. This applies to any eviction, not just nonpayment. The exception is when the eviction is because the tenant refuses reasonable access for lead work (25 Del. C. §5704A). Landlords must also keep units free of lead hazards and certified as a basic landlord obligation (§5305(a)(6)).

Where sources disagree: Start date. The bill synopsis and fiscal note say implementation March 1, 2027 (legis.delaware.gov). The enacted text, after Senate Amendment 2, says the duties start at the earlier of (a) 12 months after the DSHA Director publishes a notice that funding and final regulations are in place, or (b) March 1, 2028 (85 Del. Laws c. 98 §5, delcode.delaware.gov). WHYY (Mar 2026) also reports 2028. Conclusion: March 1, 2028 at the latest, unless a later law changes it. Regulations: the only DHSS lead rules changed in 2026 (16 DE Admin. Code 4459, final July 11, 2026; technical re-proposal Oct 1, 2026) cover lead-professional certification, not this rental program. No Chapter 54 rules were found.

Keep every certificate on time

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Questions landlords ask

When does Delaware's rental lead certification law start?

The law passed in July 2025, but landlord duties start March 1, 2028 at the latest, or earlier if the state finishes funding and rules and gives 12 months' notice. As of November 2026 no implementing rules have been issued.

Which Delaware rentals need a lead-safe certificate?

Every rental unit built before January 1, 1978. You'll need the certificate before a new tenant's lease starts, and all units must be certified within 4 years of the start date.

How long does a Delaware lead-safe certificate last?

Four years. Before any lease that begins more than 4 years after the last certificate, you need a new one. A lead-free certificate doesn't expire unless a hazard or elevated blood lead level turns up.

What are the fines under Delaware's lead law for small landlords?

If you own 19 or fewer units, up to $100 per day per unit without a certificate, after a 30-day warning. Owners of 20+ units face $500-$1,000 per day per unit.

Can I evict a tenant in Delaware without a lead certificate?

Once the law is implemented, no. You must show the court your unit complies with the lead law when filing for possession. The exception is when the eviction is because the tenant won't let you in to do the lead work.

Is there money to help Delaware landlords pay for lead inspections?

The law creates a grant and loan program: up to 100% of costs for owners of 5 or fewer units and up to 50% for 6-19 units. Grants for small owners run until January 1, 2029, then loans only. You can't raise rent for 3 years on a unit that got aid.

Last checked November 6, 2026. Law: 25 Del. C. ch. 54 (§§5401-5413), §5305(a)(6), §5704A; enacted by 85 Del. Laws c. 98 (HS 2 for HB 70 w/ HA 1 + SA 2). Agency: Delaware Department of Health and Social Services (DHSS), Division of Public Health; Delaware State Housing Authority chairs the feasibility committee.

This page sums up published rules as of November 6, 2026. It is not legal advice, and myleadsafe is not a government site. Rules and fees change, and local offices add their own steps, so confirm with your town or city and the state agency before you rely on a date or a fee.

Sources (9)

Delaware General Assembly: HS 2 for HB 70 · Signed 7/21/25; 85 Del. Laws c. 98; synopsis (March 2027 date, superseded)
85 Del. Laws c. 98 (session law text) · Full requirements, penalties, eviction rule, DHSS as Department, implementation earlier of DSHA notice + 12 months or March 1 2028
25 Del. C. ch. 54 (codified) · Codified text with implementation notes
Senate Amendment 1 to HS 2 for HB 70 (stricken) · Explains implementation language later carried by SA 2
Delaware State Housing Authority: Lead-Based Paint Remediation Certification Committee · Committee status; initial report posted; meetings through Feb 2026
Committee working document (Feb 2, 2026) · No statewide count of pre-1978 rentals; 17 lead inspectors, 65 risk assessors, 91 abatement firms in DE
WHYY (news), Mar 4 2026 · Requirements start in 2028 (secondary)
Delaware Register: 4459 Lead-Based Paint Hazards (final, July 2026) · 2026 DHSS lead rule is professional certification, not rental program
Delaware Register: 4459 proposed technical changes (Oct 2026) · No rental-certification rules proposed