2015 -- S 0348 SUBSTITUTE A | |
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LC001313/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2015 | |
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A N A C T | |
RELATING TO PROPERTY - CONDOMINIUM OWNERSHIP | |
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Introduced By: Senators Miller, and Goldin | |
Date Introduced: February 12, 2015 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 34-37 of the General Laws entitled "Rhode Island Fair Housing |
2 | Practices Act" is hereby amended by adding thereto the following section: |
3 | 34-37-5.5. Freedom of condominium owners and apartment renters to display |
4 | certain religious items. – (a) Except as otherwise provided by this section, a landlord or owner, |
5 | as defined in § 34-18-11, a management committee, as defined in § 34-36-3, or an association of |
6 | unit owners, as defined in § 34-36.1-1.03 (hereinafter "property owners"), may not enforce or |
7 | adopt a restrictive covenant or otherwise prohibit a unit owner or tenant from displaying or |
8 | affixing on the entry to the unit owner's or tenant's dwelling one or more religious items, the |
9 | display of which is motivated by the unit owner's or tenant's sincere religious belief. |
10 | (b) This section does not prohibit the enforcement or adoption of a covenant that, to the |
11 | extent allowed by the constitutions of this state and the United States, prohibits the display or |
12 | affixing of a religious item on the entry to the unit owner's or tenant's dwelling that: |
13 | (1) Threatens the public health or safety; |
14 | (2) Violates the provisions of chapter 37 of title 34 or any other state or federal law |
15 | barring discrimination in housing, or any other law; |
16 | (3) Is in a location other than the entry door or door frame or extends past the outer edge |
17 | of the door frame of the unit owner's or resident's dwelling; or |
18 | (4) Individually or in combination with each other religious item displayed or affixed on |
19 | the entry door or door frame has a total size of greater than twenty-five (25) square inches. |
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1 | (c) Except as otherwise provided by this section does not authorize a unit owner or tenant |
2 | to use a material or color for an entry door or door frame of the owner's or resident's dwelling or |
3 | make an alteration to the entry door or door frame that is not authorized by the restrictive |
4 | covenant governing the dwelling. |
5 | (d) A property owner's association may remove an item displayed in violation of a |
6 | restrictive covenant permitted by this section. |
7 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY - CONDOMINIUM OWNERSHIP | |
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1 | This act would allow the display of religion-related items on the front doors of |
2 | condominiums and apartments despite restrictive covenants banning such displays. |
3 | This act would take effect upon passage. |
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