2023 -- H 6087 AS AMENDED

========

LC002022

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO PROPERTY – RESIDENTIAL LANDLORD AND TENANT ACT

     

     Introduced By: Representatives Cruz, Shekarchi, Kazarian, Speakman, Potter, Stewart,

     Date Introduced: March 03, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

1

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

2

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

3

     34-18-58. Fair limitation on rental application fees -- Effective January 1, 2024.

4

     (a) A landlord, lessor, sub-lessor, real estate broker, property management company, or

5

designee shall not be allowed to require or demand any prospective tenant to pay for a rental

6

application fee.

7

     (b) Nothing in this section shall be construed to prohibit a landlord, lessor, sub-lessor, real

8

estate broker, property management company or designee from requiring an official state criminal

9

background check from the bureau of criminal identification (BCI), department of attorney general,

10

state police or local police department where the prospective tenant resides or from requiring a

11

credit check subject to the following limitations:

12

     (1) If a prospective tenant provides a required official state criminal background check or

13

credit report issued within ninety (90) days of the application for a rental unit, no fee for such

14

official state criminal background check and/or credit report may be charged by the respective

15

landlord, lessor, sub-lessor, real estate broker, property management company or designee;

16

     (2) If a prospective tenant does not provide a required official state background check

17

and/or credit report issued within ninety (90) days of the application for a rental unit, then the

18

landlord, lessor, sub-lessor, real estate broker, property management company or designee may

19

charge the prospective tenant a fee representing not more than the actual cost of obtaining the

 

1

official state background check and/or credit report. Provided further, any prospective tenant who

2

is charged a fee under this subsection for a background check or credit report shall be provided

3

with a copy of the background check or credit report; and

4

     (3) Nothing in this section shall be construed to prohibit the landlord, lessor, sub-lessor,

5

real estate broker, property management company or designee from obtaining an independent

6

background check or credit report at the landlord's own expense.

7

     SECTION 2. This act shall take effect on January 1, 2024.

========

LC002022

========

 

LC002022 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY – RESIDENTIAL LANDLORD AND TENANT ACT

***

1

     This act would prohibit the requirement that a fee be paid for a rental application for real

2

property.

3

     This act would take effect on January 1, 2024.

========

LC002022

========

 

LC002022 - Page 3 of 3