2023 -- H 5376

========

LC001189

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT

     Introduced By: Representatives J. Lombardi, Kislak, Hull, Biah, Batista, Henries,
Stewart, Morales, Felix, and Tanzi

     Date Introduced: February 03, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode Island

Fair Housing Practices Act" is hereby amended to read as follows:

     34-37-4. Unlawful housing practices.

     (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as

defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be

made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,

gender identity or expression, marital status, lawful source of income, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin, or disability, age, familial status, whether the

applicant for housing has been incarcerated, nor make any written or oral inquiry concerning

whether a tenant or applicant or a member of the household is, or has been, or is threatened with

being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is

seeking relief from any court in the form of a restraining order for protection from domestic abuse,

of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or

indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the

housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity

or expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, or familial status or the prior incarceration of the

individual or the race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin or disability, age, or familial status of any person with whom the individual is or

may wish to be associated; or shall, or on the basis that a tenant or applicant, or a member of the

household, is or has been, or is threatened with being, the victim of domestic abuse, or that the

tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a

restraining order for protection from domestic abuse. Nor shall an owner having the right to sell,

rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of

these, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the

housing accommodation that indicates any preference, limitation, specification, or discrimination

based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, incarceration status or on the basis that a tenant or

applicant or a member of the household is, or has been, or is threatened with being the victim of

domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any

court in the form of a restraining order for protection from domestic abuse, or shall, directly or

indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual

orientation, gender identity or expression, marital status, lawful source of income, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin, disability, age, familial status,

incarceration status or on the basis that a tenant or applicant or a member of the household is, or

has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant

has obtained, or sought, or is seeking relief from any court in the form of a restraining order for

protection from domestic abuse, in the terms, conditions, or privileges of the sale, rental, or lease

of any housing accommodation or in the furnishing of facilities or services in connection with it.

Nor shall an owner having the right to sell, rent, lease, or manage a housing accommodation as

defined in § 34-37-3, or an agent of any of these, directly or indirectly, misrepresent the availability

of a housing accommodation or delay the processing of applications relating to the sale, rental, or

lease of the housing accommodation based upon an individual’s race, color, religion, sex, sexual

orientation, gender identity or expression, marital status, lawful source of income, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin, disability, age, familial status, prior

LC001189 - Page 2 of 8

incarceration or on the basis that a tenant or applicant or a member of the household is, or has been,

or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained,

or sought, or is seeking relief from any court in the form of a restraining order for protection from

domestic abuse. Nor shall any owner or agent inquire directly or indirectly, to include, but not

limited to, by way of a rental application, regarding the former address of residence of the applicant.

     Nothing in this section shall be construed to prohibit any oral or written inquiry as to

whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the

source, amount, and expected duration of the lawful source of income of the prospective purchaser

or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory

standards and preferences or terms, conditions, limitations, or specifications permitted under

subsection (c) of this section.

     (b) No person to whom application is made for a loan or other form of financial assistance

for the acquisition, construction, rehabilitation, repair, or maintenance of any housing

accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be

made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking

relief from any court in the form of a restraining order for protection from domestic abuse, of any

individual seeking the financial assistance, or of existing or prospective occupants or tenants of the

housing accommodation; nor shall any person to whom the application is made in the manner

provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the

obtaining or use of any financial assistance against any applicant because of the race, color, religion,

sex, sexual orientation, gender identity or expression, marital status, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief

from any court in the form of a restraining order for protection from domestic abuse, of the applicant

or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed

to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

     (c) Nothing contained in this section shall be construed in any manner to prohibit or limit

LC001189 - Page 3 of 8

the exercise of the privilege of every person and the agent of any person having the right to sell,

rent, lease, or manage a housing accommodation to establish standards and preferences and set

terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or

in the furnishing of facilities or services in connection therewith that do not discriminate on the

basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, prior incarceration or on the basis that a tenant or

applicant or a member of the household is, or has been, or is threatened with being the victim of

domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any

court in the form of a restraining order for protection from domestic abuse, of any prospective

purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation,

gender identity or expression, marital status, lawful source of income, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin, disability, age, or familial status or prior

incarceration of any person with whom the prospective purchaser, lessee, tenant, or occupant is or

may wish to be associated. Nothing contained in this section shall be construed in any manner to

prohibit or limit the exercise of the privilege of every person and the agent of any person making

loans for, or offering financial assistance in, the acquisition, construction, rehabilitation, repair, or

maintenance of housing accommodations to set standards and preferences, terms, conditions,

limitations, or specifications for the granting of loans or financial assistance that do not discriminate

on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression,

marital status, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

age, familial status, prior incarceration or on the basis that a tenant or applicant or a member of the

household is, or has been, or is threatened with being the victim of domestic abuse, or that the

tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

restraining order for protection from domestic abuse, of the applicant for the loan or financial

assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing

accommodation. If a landlord requires that a prospective or current tenant have a certain minimum

level of income, the standard for assessing eligibility shall be based only on the portion of the rent

to be paid by the tenant, taking into account the value of any federal, state, or local rental assistance

or housing subsidy.

     (d) An owner may not refuse to allow a person with a disability to make, at his or her

LC001189 - Page 4 of 8

expense, reasonable modifications of existing premises occupied or to be occupied by the person if

the modifications may be necessary to afford the person full enjoyment of the premises, except that,

in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a

modification on the renter agreeing to restore the interior of the premises to the condition that

existed before the modification, reasonable wear and tear excepted. Where it is necessary in order

to ensure with reasonable certainty that funds will be available to pay for the restorations at the end

of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring

that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable

amount of money not to exceed the cost of the restorations. The interest in the account shall accrue

to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will

be subject to § 34-18-19(b) through (f) inclusive.

     (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies,

practices, or services when those accommodations may be necessary to afford an occupant with a

disability equal opportunity to use and enjoy a dwelling.

     (2) Every person with a disability who has a guide dog or other personal assistive animal,

or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal

access to all housing accommodations provided for in this section and shall not be required to pay

extra compensation for the guide dog or other personal assistive animal but shall be liable for any

damage done to the premises by a guide dog or other personal assistive animal. For the purposes

of this subsection, a “personal assistive animal” is an animal specifically trained by a certified

animal training program to assist a person with a disability to perform independent living tasks.

     (f) Any housing accommodation of four (4) units or more constructed for first occupancy

after March 13, 1991, shall be designed and constructed in such a manner that:

     (1) The public use and common use portions of the dwellings are readily accessible to and

usable by persons with disabilities;

     (2) All the doors designed to allow passage into and within all premises within the

dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

     (3) All premises within the dwellings contain the following features of adaptive design:

     (i) Accessible route into and through the dwelling;

     (ii) Light switches, electrical outlets, thermostats, and other environmental controls in

accessible locations;

     (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

     (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver

about the space. To the extent that any state or local building codes, statutes, or ordinances are

LC001189 - Page 5 of 8

inconsistent with this section, they are hereby repealed. The state building code standards

committee is hereby directed to adopt rules and regulations consistent with this section as soon as

possible, but no later than September 30, 1990.

     (g) Compliance with the appropriate requirements of the state building code 14

“accessibility for individuals with disabilities for residential use groups” suffices to satisfy the

requirements of subsection (f).

     (h) As used in subsection (f), the term “housing accommodation of four (4) units or more”

means:

     (1) Buildings consisting of four (4) or more units if those buildings have one or more

elevators; and

     (2) Ground floor units in other buildings consisting of four (4) or more units.

     (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that

requires a greater degree of accessibility to persons with disabilities.

     (j) Nothing in this section requires that a dwelling be made available to an individual whose

tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy

would result in substantial physical damage to the property of others.

     (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,

sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent,

lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the

person selected.

     (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this

section to be an unlawful housing practice; or obstruct or prevent any person from complying with

the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to

commit any act declared by this section to be an unlawful housing practice.

     (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a

loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or

maintenance of any housing accommodation, whether secured or unsecured; no financial

organization governed by the provisions of title 19 or any other credit-granting commercial

institution; or respondent under this chapter; or any agent of these shall discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this chapter, or

because he or she has made a charge, testified, or assisted in any manner in any investigation,

proceeding, or hearing under this chapter.

     (n) Nothing in this section shall prevent a landlord from proceeding with eviction action

against a tenant who fails to comply with § 34-18-24(7).

LC001189 - Page 6 of 8

     SECTION 2. This act shall take effect upon passage.

========

LC001189

========

LC001189 - Page 7 of 8

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT

***

     This act would prohibit landlords from inquiring about an applicant’s prior incarceration

and from discriminating against those who have been released from prison.

     This act would take effect upon passage.

========

LC001189

========

LC001189 - Page 8 of 8