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 | |
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Introduced By: Representatives Morales, Craven, McEntee, Dawson, Speakman, | |
Date Introduced: March 30, 2023 | |
Referred To: House Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 42-128.1 of the General Laws entitled "Lead Hazard Mitigation" is |
2 | hereby amended by adding thereto the following section: |
3 | 42-128.1-14. Escrow account. |
4 | (a) Notwithstanding any general law, public law, special law or any agreement, whether |
5 | written or oral, a tenant may file a petition in any court of competent jurisdiction to deposit their |
6 | rent in an escrow account whenever the leased property is not compliant with the risk reduction |
7 | provisions of chapter 128.1 of title 42, including, but not limited to, the requirement for a valid |
8 | certificate of conformance, any rules or regulations derived therefrom, or upon any licensed |
9 | inspector's finding of the existence of lead hazards in the property. Upon the petition to the court, |
10 | the tenant may deposit the tenant's rent in an escrow account with the clerk of the court. |
11 | (b) Other rights or remedies. The right of a tenant to deposit rent in an escrow account does |
12 | not preclude the tenant from pursuing any other right or remedy available to the tenant at law or |
13 | equity. |
14 | (c) Release of escrow account funds. Money deposited in an escrow account shall be |
15 | released to the property owner, or designee, upon the court's determination of compliance by the |
16 | property owner with the applicable risk reduction standard and state lead poisoning prevention |
17 | laws. |
18 | (d) Notwithstanding subsection (c) of this section, the court shall release money deposited |
19 | in an escrow account to the tenant, or designee, if they have incurred costs to comply with the |
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1 | applicable risk reduction standard and state lead poisoning prevention laws on presentation of a bill |
2 | of the reasonable costs of complying with the applicable risk reduction standard. Any money to be |
3 | released under this subsection shall be subtracted from the money to be released under subsection |
4 | (c) of this section. |
5 | (e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be |
6 | terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects |
7 | to seek the remedies under this section. |
8 | 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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1 | This act would establish an escrow account for tenants to deposit their rent whenever |
2 | the leased property is not compliant with the lead hazard mitigation law and which rent would |
3 | be released to the property owner upon compliance with the lead hazard mitigation law. |
4 | This act would take effect upon passage. |
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LC002582 | |
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