2023 -- H 5119

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LC000183

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- EMERGENCY SHELTERS

     Introduced By: Representatives J Lombardi, Hull, Ajello, Tanzi, Felix, and Sanchez

     Date Introduced: January 12, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 128.4

EMERGENCY SHELTERS

     42-128.4-1. Definitions.

     As used in this chapter, the term:

     (1) "Emergency shelter" means a facility with overnight sleeping accommodations, the

primary purpose of which is to provide temporary shelter for the homeless in general or for specific

populations of the homeless.

     (2) "Housing resources commission" or "commission" means the Rhode Island housing

resources commission established pursuant to § 42-128-4.

     (3) "Licensing agency" means the secretary of housing established pursuant to § 42-64.19-

3(a)(4), or designee.

     42-128.4-2. Licensing and exemption.

     (a) The housing resources commission shall establish an application for an emergency

shelter license no later than January 1, 2024. Upon receipt of an application for a license, the

licensing agency shall issue a license if the applicant meets the requirements established pursuant

to this chapter. A license issued under the provisions of this section shall be the property of the

state and loaned to the licensee, and it shall be posted in a conspicuous place on the licensed

premises. Each license shall be issued only for the premises and persons named in the application,

and shall not be transferable or assignable except with the written approval of the commission. No

fee shall be charged for the license.

     (b) Any emergency shelter established due to a natural disaster, impending dangerous

storm, or other event, including, but not limited to, fires, hurricanes or blizzards, shall be exempt

from this chapter.

     42-128.4-3. Minimum shelter standards.

     (a) All emergency shelters that are required to be licensed shall:

     (1) Provide a safe place for a person to temporarily reside. Safety of residents and staff

shall be the shelters’ top priority;

     (2) Make drinking water available to residents and proper bathroom facilities as required

by the state building code in chapter 27.3 of title 23;

     (3) Develop a written policy regarding the privacy and confidentiality of its residents as

required by state and federal law; and

     (4) Establish an approved procedure for the safe transfer of a person seeking shelter or

having been sheltered at the licensed premises, who can no longer reside in the shelter at the

licensed premises in question. The established procedure shall be posted in a conspicuous place on

the licensed premises that is in an area accessed frequently by residents.

     (b) The housing resources commission shall promulgate additional minimum shelter

standards that shall apply to emergency shelters that are at least partially funded by the state, no

later than December 1, 2023.

     42-128.4-4. Grievance procedure.

     The housing resource commission shall promulgate a grievance procedure designed to

address complaints of persons who have resided or attempted to reside in any emergency shelter

within this state. Grievance procedures shall be posted in the licensed premises in a conspicuous

place accessed frequently by residents.

     42-128.4-5. Fees prohibited.

     Any fees or payments of money for the purposes of providing shelter and personal care

items, including, but not limited to, linens, toiletries and diapers shall be prohibited unless

otherwise allowable by state or federal law. Resident funds provided to a shelter for the purposes

of teaching financial literacy or creating a "savings account" are permitted if the funds are returned

to the resident at the appropriate time or upon request.

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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 STATE AFFAIRS AND GOVERNMENT -- EMERGENCY SHELTERS

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     This act would establish rules and procedures for licensing emergency shelters, including

setting minimum standards and prohibiting the charging of fees to the residents.

     This act would take effect upon passage.

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