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

     

     Introduced By: Senators Miller, and Goldin

     Date Introduced: February 12, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-37 of the General Laws entitled "Rhode Island Fair Housing

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Practices Act" is hereby amended by adding thereto the following section:

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     34-37-5.5. Freedom of condominium owners and apartment renters to display

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certain religious items. – (a) Except as otherwise provided by this section, a landlord or owner,

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as defined in § 34-18-11, a management committee, as defined in § 34-36-3, or an association of

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unit owners, as defined in § 34-36.1-1.03 (hereinafter "property owners"), may not enforce or

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adopt a restrictive covenant or otherwise prohibit a unit owner or tenant from displaying or

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affixing on the entry to the unit owner's or tenant's dwelling one or more religious items, the

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display of which is motivated by the unit owner's or tenant's sincere religious belief.

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     (b) This section does not prohibit the enforcement or adoption of a covenant that, to the

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extent allowed by the constitutions of this state and the United States, prohibits the display or

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affixing of a religious item on the entry to the unit owner's or tenant's dwelling that:

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     (1) Threatens the public health or safety;

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     (2) Violates the provisions of chapter 37 of title 34 or any other state or federal law

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barring discrimination in housing, or any other law;

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     (3) Is in a location other than the entry door or door frame or extends past the outer edge

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of the door frame of the unit owner's or resident's dwelling; or

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     (4) Individually or in combination with each other religious item displayed or affixed on

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the entry door or door frame has a total size of greater than twenty-five (25) square inches.

 

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     (c) Except as otherwise provided by this section does not authorize a unit owner or tenant

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to use a material or color for an entry door or door frame of the owner's or resident's dwelling or

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make an alteration to the entry door or door frame that is not authorized by the restrictive

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covenant governing the dwelling.

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     (d) A property owner's association may remove an item displayed in violation of a

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restrictive covenant permitted by this section.

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     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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     This act would allow the display of religion-related items on the front doors of

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condominiums and apartments despite restrictive covenants banning such displays.

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     This act would take effect upon passage.

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