2020 -- S 2482 | |
======== | |
LC004415 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS - HOTELS - UNLICENSED RENTALS | |
ACT | |
| |
Introduced By: Senators Euer, McCaffrey, Seveney, DiPalma, and Sosnowski | |
Date Introduced: February 13, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 14.1 |
4 | UNLICENSED RENTALS ACT |
5 | 5-14.1-1. Short title. |
6 | This chapter shall be known and may be cited as the “Unlicensed Rentals Act.” |
7 | 5-14.1-2. Definitions. |
8 | As used in the chapter, the following words and terms have the following meanings: |
9 | (1) "Contact" means the operator or the operator's representative who is the point of |
10 | contact for any short-term rental guest for the duration of the guest's stay in the short-term rental. |
11 | (2) "Dwelling unit" means a residential dwelling of any type, including a single-family |
12 | residence, apartment, condominium, cooperative unit, or room, in which a person may obtain |
13 | living accommodations for less than thirty (30) days, but not including duly licensed bed and |
14 | breakfast, inn, hotel or motel as defined in § 5-14-3. |
15 | (3) "Guest" means any person or persons renting a short-term rental unit. |
16 | (4) "Operator" or "short-term rental operator" means any person who receives payment |
17 | for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit. |
18 | (5) "Owner" means any person who, alone or with others, has title or interest in any |
| |
1 | building, property, dwelling unit, or portion thereof, with or without accompanying actual |
2 | possession thereof, and including any person who as agent, executor, administrator, trustee, or |
3 | guardian of an estate has charge, care, or control of any building, dwelling unit, or portion |
4 | thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely |
5 | that of a lessee under a lease agreement is not considered an owner. |
6 | (6) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and |
7 | breakfast as defined in § 5-14-3, in which a dwelling unit, or portion thereof, that is offered or |
8 | provided to a guest by a short-term rental operator for a fee for fewer than thirty (30) consecutive |
9 | nights. |
10 | (b) "Short-term rental" does not include any of the following: |
11 | (i) A dwelling unit that is occupied by the owner for at least six (6) months during the |
12 | calendar year and in which fewer than three (3) rooms are rented at any time; |
13 | (ii) A dwelling unit, or portion thereof, that is used by the same person for thirty (30) or |
14 | more consecutive nights; or |
15 | (iii) A dwelling unit, or portion thereof, that is operated by an organization or government |
16 | entity that is registered as a charitable organization with the secretary of state, state of Rhode |
17 | Island, or is classified by the federal internal revenue service as a public charity or a private |
18 | foundation, and provides temporary housing to individuals who are being treated for trauma, |
19 | injury, or disease, or their family members. |
20 | (7) "Short-term rental platform" or "platform" means a person that provides a means |
21 | through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use, |
22 | and from which the person or entity financially benefits. Merely publishing a short-term rental |
23 | advertisement for accommodations does not make the publisher a short-term rental platform. |
24 | 5-14.1-3. Consumer Safety. |
25 | (a) A short-term rental provider shall: |
26 | (1) Maintain the facility in a sanitary condition. |
27 | (2) Provide contact information to all short-term rental guests during a guest’s stay. The |
28 | contact must be available to respond to inquiries by the guest(s) at the short-term rental during the |
29 | length of stay. |
30 | (3) Provide that the short-term rental is in compliance with 450-RICR-00-00-8. |
31 | (4) Post the following information in a conspicuous place within each dwelling unit used |
32 | as a short-term rental: |
33 | (i) The emergency contact for summoning police, fire or emergency medical services; |
34 | (ii) The floor plan indicating fire exits and escape routes; |
| LC004415 - Page 2 of 4 |
1 | (iii) The maximum occupancy limits; and |
2 | (iv) The contact information for the operator or designated contact. |
3 | (b) Short-term rental platforms must provide short-term rental operators with a summary |
4 | of the consumer safety requirements in this section. |
5 | 5-14.1-4. Insurance. |
6 | A short-term rental operator must maintain primary liability insurance to cover the short- |
7 | term rental dwelling unit in the aggregate of not less than three hundred thousand dollars |
8 | ($300,000) or conduct each short-term rental transaction through a platform that provides equal or |
9 | greater primary liability insurance coverage. Nothing in this section prevents an operator or a |
10 | platform from seeking contributions from any other insurer also providing primary liability |
11 | insurance coverage for the short-term rental transaction to the extent of that insurer's primary |
12 | liability coverage limits. |
13 | 5-14.1-5. Accessibility Requirements. |
14 | A short-term rental provider who offers to rent out three (3) or more dwelling units |
15 | within one building must comply with all accessibility requirements to which places of public |
16 | accommodation are subject. |
17 | 5-14.1-6. Civil Rights. |
18 | Each short-term rental unit shall be deemed to be a public accommodation. It shall be |
19 | unlawful for any person that owns, leases, rents, operates, manages or in any manner controls |
20 | such public accommodation to withhold, deny, curtail, limit or discriminate concerning the full |
21 | use of such public accommodation by any individual because of the individual's race, color, sex, |
22 | gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital |
23 | status, parental status or military discharge status. |
24 | 5-14.1-7. Penalties. |
25 | Short-term rental listing services and short-term rental providers shall be fined five |
26 | hundred dollars ($500) for each violation of this act. |
27 | SECTION 2. This act shall take effect on January 1, 2021. |
======== | |
LC004415 | |
======== | |
| LC004415 - Page 3 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS - HOTELS - UNLICENSED RENTALS | |
ACT | |
*** | |
1 | This act would establish rules and regulations concerning rentals of residences for less |
2 | than thirty (30) days. |
3 | This act would take effect on January 1, 2021. |
======== | |
LC004415 | |
======== | |
| LC004415 - Page 4 of 4 |