2020 -- H 8126

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LC005556

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     

     Introduced By: Representative Grace Diaz

     Date Introduced: August 21, 2020

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant

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Act" is hereby amended by adding thereto the following sections:

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     34-18-5.1. Eviction moratorium during declared state of emergency.

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     (a) Notwithstanding any other provision of this chapter, during a state of emergency

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declared by the governor pursuant to the constitution if this state and chapter 15 of title 30, a

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landlord or owner of a property shall not, for the purposes of a non-essential eviction, defined herein

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at § 34-18-11, for a residential dwelling unit:

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     (1) File any pleading with the court to evict a tenant; or

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     (2) Send any notice, including a notice to quit, requesting or demanding that a tenant of a

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residential dwelling unit vacate the premises.

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     (b) A court having jurisdiction over an action for process pursuant to this chapter, shall not,

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in a non-essential eviction for a residential dwelling unit:

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     (1) Accept for filing a writ, summons or complaint;

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     (2) Enter a judgment or default judgment for a plaintiff for possession of a residential

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dwelling unit;

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     (3) Issue an execution for possession of a residential dwelling unit;

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     (4) Deny, upon the request of a defendant, a stay of execution, or upon the request by a

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party, a continuance of a case brought pursuant to this chapter; or

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     (5) Schedule for a hearing a pending matter filed pursuant to this chapter.

 

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     (c) No sheriff, local law enforcement officer, or any other person or entity may serve

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process or attempt to serve process for a non-essential eviction action and any non-essential

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eviction notice issued before or during the moratorium established by this section may not be served

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until after the conclusion of the declared state of emergency.

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     (d) During the declared state of emergency a landlord shall not impose a late fee for non-

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payment of rent for a residential dwelling unit, related to the non-payment of rent if, not later than

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thirty (30) days after the missed rent payment, the tenant provides notice and documentation to the

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landlord that the non-payment of rent was related to the declared state of emergency.

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     34-18-10.1. Eviction diversion mediation program.

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     (a) There shall be established in the district or appropriate housing court of this state a

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residential eviction diversion program consisting of the following:

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     (1) A conciliation conference between a landlord and tenant to mediate an agreement to

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address any asserted residential lease violations and to stabilize the tenancy.

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     (2) A designated housing mediator that participates in the conciliation conference.

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Designated housing mediators shall be appointed by the chief judge of the district court or an

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authorized committee. No less than two (2) housing mediators shall be appointed in each judicial

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district and no less than four (4) housing mediators shall be appointed in the sixth division. Housing

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mediators shall have the following qualifications and duties:

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     (i) Housing mediators shall be knowledgeable in the requirements of this chapter, the

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maintenance, repair and rehabilitation of dwelling units, including minimum housing code

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requirements, and the federal, state and municipal laws, ordinances, rules and regulations pertaining

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thereto and knowledgeable in the methods of serving as a neutral mediator. Housing mediators shall

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also have knowledge necessary to advise parties regarding the type of funds and services available

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to assist owners, landlords and tenants in the financing of resolutions to housing problems. Housing

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mediators shall advise parties in locating possible sources of financial assistance necessary to

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resolve the issues between the parties and shall exercise such other powers and perform such other

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duties as the chief judge may prescribe.

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     (ii) Housing mediators:

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     (A) Shall be responsible for the initial screening and evaluation of all contested housing

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matters eligible for placement on the housing docket;

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     (B) May conduct investigations of such matters including, but not limited to, interviews

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with the parties; and

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     (C) May recommend settlements.

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     (3) A designated housing mediator will engage with the tenant and landlord prior to the

 

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conciliation conference to learn the circumstances of both parties, educate the parties, and discuss

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available resources.

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     (b) When the residential eviction diversion program established by this subsection is

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implemented, from the date of such implementation no landlord shall take steps in furtherance of

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recovering possession of a residential property occupied by a tenant, other than providing a notice

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required under this section, without first participating in a conciliation conference in the residential

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eviction diversion mediation program, unless one of the following requirements are met:

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     (1) Eviction is necessary to cease or prevent an imminent and direct threat of harm by the

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person being evicted, including physical harm or harassment; or

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     (2) The landlord has provided the affected tenants notice of such tenants' rights under this

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section, and how to exercise such rights; and has contacted the eviction diversion program to

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schedule a conciliation conference; however, the program is unable to offer a date for a conciliation

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conference within thirty (30) days of the landlord’s initial request to schedule; provided that such

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landlord shall thereafter participate in a conciliation conference when it becomes available, if prior

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to an eviction judgment being issued.

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     (c) Notice. Prior to filing a complaint for eviction following the procedures set forth in §§

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34-18-35, 34-18-36, 34- 18-37, or 34-18-38 of this chapter, the landlord shall provide written notice

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to the tenant of the intent to file with the court and informing the tenant of the right to a mediation

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session prior to the court filing, including providing the contact information for the mediation

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program in order that the tenant can register for a conciliation session.

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     (d) Defenses. The failure of the landlord to comply with any obligation under this section

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may be asserted as a defense by a tenant in an action before any adjudicatory body and may not be

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waived.

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     (e) Definitions for purposes of the residential eviction mediation program.

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     (1) “Housing mediator” means and individual appointed by the chief judge of the district

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court or authorized committee for the purpose of assisting the court in the prompt and efficient

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resolution of evictions without the requirement for a court hearing through a mutually acceptable

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settlement between the parties.

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     (2) “Conciliation conference” A meeting between a landlord, tenant, and housing mediator

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to mediate an agreement for asserted residential lease violations. A conciliation conference must

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take place prior to the landlord filing a complaint for eviction following the procedures set forth in

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§§ 34-18-35, 34-18-36, 34-18- 37, or 34-18-38 unless such a conciliation conference cannot be

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scheduled within the timeframe set forth in this section. If the landlord and tenant come to an

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agreement in the mediation, they are able to avoid a court hearing and define the terms of a mutually

 

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agreeable settlement which will be preserved in writing and enforceable by the court.

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     SECTION 2. Section 34-18-11 of the General Laws in Chapter 34-18 entitled "Residential

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Landlord and Tenant Act" is hereby amended to read as follows:

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     34-18-11. Definitions.

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     Subject to additional definitions contained in subsequent sections of this chapter which

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apply to specific sections thereof, and unless the context otherwise requires, in this chapter:

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     (1) "Abandonment" means the tenant has vacated the premises without notice to the

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landlord and has no intention of returning, as evidenced by nonpayment of rent for more than fifteen

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(15) days and removal of substantially all possessions from the premises;

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     (2) "Action" includes recoupment, counterclaim, set-off, suit in equity, and any other

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proceeding in which rights are determined, including an action for possession;

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     (3) "Building and housing codes" include any law, ordinance, or governmental regulation

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concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or

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appearance of any premises of dwelling unit;

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     (4) "Dwelling unit" means a structure or part of a structure that is designed or intended to

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be used as a home, residence, or sleeping place by one or more persons;

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     (5) "Fair rental value" means rent which is of comparable value with that of other rental

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properties of similar size and condition within the contiguous neighborhood;

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     (6) "Good faith" means honesty in fact in the conduct of the transaction concerned;

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     (7) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building

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of which it is a part, and it also means a manager of the premises who fails to disclose as required

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by § 34-18-20;

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     (8) “Non-essential eviction” means any eviction that does not involve or include allegations

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of:

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     (i) Criminal activity that poses an imminent and direct threat to the health and safety of

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other residents, the landlord, or the general public; or

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     (ii) Lease violations that pose an imminent and direct threat to the health and safety of other

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residents, the landlord, or the general public.

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     (8)(9) "Ordinary wear and tear" means deterioration of the premises which is the result of

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the tenant's normal nonabusive living and includes, but is not limited to, deterioration caused by

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the landlord's failure to prepare for expected conditions or by the landlord's failure to comply with

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his or her obligations;

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     (9)(10) "Organization" includes a corporation, government, governmental subdivision or

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agency, business trust, estate, trust, partnership of association, two (2) or more persons having a

 

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joint or common interest, and any other legal or commercial entity;

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     (10)(11) "Owner" shall mean any person who, alone or jointly or severally with others:

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     (i) Has legal title or tax title (pursuant to §§ 44-9-40 -- 44-9-46, inclusive, of the general

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laws) to any dwelling, dwelling unit or structure with or without accompanying actual possession

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thereof; or

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     (ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or

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agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner.

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Any person representing the actual owner in this way shall be bound to comply with the provisions

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of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he or

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she were the owner.

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     (11)(12) "Person" includes an individual or organization;

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     (12)(13) "Premises" means a dwelling unit and the structure of which it is a part and

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facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants

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generally, or the use of which is promised to the tenant;

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     (13)(14) "Rent" means the payment or consideration that a tenant pays to a landlord for the

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use of the premises, whether money, services, property, or produce of the land;

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     (14)(15) "Rental agreement" means all agreements, written or oral, and valid rules and

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regulations adopted under § 34-18-25 embodying the terms and conditions concerning the use and

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occupancy of a dwelling unit and premises, and also includes any terms required by law;

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     (15)(16) "Roomer" means a tenant occupying a dwelling unit which consists of any room

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or group of rooms forming a single habitable unit used or intended to be used for living and

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sleeping, but not for cooking or eating purposes;

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     (16)(17) "Security deposit" means a sum of money given by a tenant to a landlord at the

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outset of the tenancy or shortly thereafter, as a deposit against physical damages to the tenant's

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dwelling unit during said tenancy;

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     (17)(18) "Tenant" means a person entitled under a rental agreement to occupy a dwelling

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unit to the exclusion of others;

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     (18)(19) "Transitional housing facility" means a facility which, for a period not to exceed

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two (2) years, provides its residents with appropriate social services for the purpose of fostering

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independence, self sufficiency, and eventual transition to a permanent living arrangement;

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     (19)(20) "Willful" means that the act was performed intentionally, knowingly and

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purposely, not accidentally or inadvertently and without justifiable excuse.

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     SECTION 3. Chapter 34-27 of the General Laws entitled "Mortgage Foreclosure and Sale"

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is hereby amended by adding thereto the following section:

 

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     34-27-1.2. Mortgage foreclosure moratorium during declared state of emergency.

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     (a) Notwithstanding any other provision of this chapter, during a state of emergency

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declared by the governor pursuant to the constitution of this state and chapter 15 of title 30, a person

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entitled to foreclose the equity of redemption in any mortgaged estate, shall not, initiate any

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foreclosure of real estate pursuant to this chapter nor proceed with any foreclosure initiated prior

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to the declared state of emergency until after the conclusion of the declared state of emergency.

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     (b) During the declared state of emergency, a mortgagee shall not impose a late fee for

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non-payment of the mortgage for a residential dwelling unit if, not later than thirty (30) days after

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the missed mortgage payment, the mortgagor provides notice and documentation to the mortgagee

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that the non-payment was related to the declared state of emergency.

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     SECTION 4. 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 -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would impose a moratorium on non-essential evictions and mortgage foreclosures

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during a state of emergency declared by the governor relating to residential property and would

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establish an eviction diversion program to resolve landlord-tenant eviction disputes.

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     This act would take effect upon passage.

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