2023 -- H 6238

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LC002582

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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 -- LEAD HAZARD MITIGATION

     

     Introduced By: Representatives Morales, Craven, McEntee, Dawson, Speakman,
Caldwell, Batista, Stewart, Casimiro, and Felix

     Date Introduced: March 30, 2023

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-128.1 of the General Laws entitled "Lead Hazard Mitigation" is

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hereby amended by adding thereto the following section:

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     42-128.1-14. Escrow account.

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     (a) Notwithstanding any general law, public law, special law or any agreement, whether

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written or oral, a tenant may file a petition in any court of competent jurisdiction to deposit their

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rent in an escrow account whenever the leased property is not compliant with the risk reduction

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provisions of chapter 128.1 of title 42, including, but not limited to, the requirement for a valid

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certificate of conformance, any rules or regulations derived therefrom, or upon any licensed

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inspector's finding of the existence of lead hazards in the property. Upon the petition to the court,

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the tenant may deposit the tenant's rent in an escrow account with the clerk of the court.

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     (b) Other rights or remedies. The right of a tenant to deposit rent in an escrow account does

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not preclude the tenant from pursuing any other right or remedy available to the tenant at law or

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equity.

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     (c) Release of escrow account funds. Money deposited in an escrow account shall be

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released to the property owner, or designee, upon the court's determination of compliance by the

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property owner with the applicable risk reduction standard and state lead poisoning prevention

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laws.

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     (d) Notwithstanding subsection (c) of this section, the court shall release money deposited

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in an escrow account to the tenant, or designee, if they have incurred costs to comply with the

 

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applicable risk reduction standard and state lead poisoning prevention laws on presentation of a bill

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of the reasonable costs of complying with the applicable risk reduction standard. Any money to be

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released under this subsection shall be subtracted from the money to be released under subsection

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(c) of this section.

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     (e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be

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terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects

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to seek the remedies under this section.

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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 -- LEAD HAZARD MITIGATION

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     This act would establish an escrow account for tenants to deposit their rent whenever

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the leased property is not compliant with the lead hazard mitigation law and which rent would

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be released to the property owner upon compliance with the lead hazard mitigation law.

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     This act would take effect upon passage.

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