2023 -- H 6239

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LC002584

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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 PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Representatives Ackerman, Craven, McNamara, Knight, Edwards,
Shanley, and Kislak

     Date Introduced: March 30, 2023

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 34-18-58 of the General Laws in Chapter 34-18 entitled "Residential

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

     34-18-58. Statewide mandatory rental registry.

     (a) All landlords shall register the following information with the department of health:

     (i) Names of individual landlords or any business entity responsible for leasing to a tenant

under this chapter;

     (ii) An active business address, PO box, or home address;

     (iii) An active email address;

     (iv) An active telephone number that would reasonably facilitate communications with the

tenant of each dwelling unit;

     (v) Any property manager, management company, or agent for service of the property,

along with the business address, PO box, or home address of the property manager, management

company or agent;

     (vi) An active email address;

     (vii) An active telephone number, for each such person or legal entity, if applicable, for

each dwelling unit; and

     (viii) Information necessary to identify each dwelling unit.

     (b) All landlords who lease a residential property constructed prior to 1978 and that is not

exempt from the requirements of chapter 128.1 title 42, ("lead hazard mitigation"), shall, in addition

to the requirements of subsection (a) of this section, for each dwelling unit, provide the department

of health with a valid certificate of conformance in accordance with chapter 128.1 of title 42 ("lead

hazard mitigation") and regulations derived therefrom, or evidence sufficient to demonstrate that

they are exempt from the requirement to obtain a certificate of conformance.

     (c) Contingent upon available funding, the department of health, or designee, shall create

a publicly accessible online database containing the information obtained in accordance with

subsections (a) and (b) of this section, no later than nine (9) months following the effective date of

this section.

     (d) All landlords subject to the requirements of subsections (a) and (b) of this section as of

September 1, 2024, shall register the information required by those subsections no later than

October 1, 2024.

     A landlord who acquires a rental property, or begins leasing a rental property to a new

tenant, after September 1, 2024, shall register the information required by subsections (a) and (b)

of this section within thirty (30) days after the acquisition or lease to a tenant, whichever date is

earlier. All landlords subject to the requirements of subsections (a) and (b) of this section shall,

following initial registration, re-register by October 1 of each year in order to update any

information required to comply with subsections (a) and (b) of this section, or to confirm that the

information already supplied remains accurate.

     (e) Any person or entity subject to subsections (a) and (b) of this section who fails to

comply with the registration provision in subsection (d) of this section, shall be subject to a civil

fine of at least fifty dollars ($50.00) per month for failure to register the information required by

subsection (a) of this section, or at least one-hundred and twenty-five dollars ($125) per month, for

failure to register the information required by subsection (b) of this section.

     (f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to

the department of health. There is to be established a restricted receipt account to be known as the

"rental registry account" which shall be a separate account within the department of health.

Penalties received by the department pursuant to the terms of this section shall be deposited into

the account. Monies deposited in the account shall be transferred to the department of health and

shall be expended for the purpose of administering the provisions of this section or lead hazard

mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under

this section prior to October 1, 2024.

     (g) Notwithstanding the provisions of § 34-18-35, a landlord or any agent of a landlord

may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction,

unless, at the time the action is commenced, the landlord is in compliance with the requirements of

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subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of

compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict

for nonpayment of rent in order to proceed with the civil action.

     (h) The department of health may commence an action for injunctive relief and additional

civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails

to comply with subsection (a) of this section. The attorney general may commence an action for

injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation

against any landlord who repeatedly fails to comply with subsection (b) of this section. Any

penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard

mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering

the provisions of this section. No penalties shall be levied under this section prior to October 1,

2024.

     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 PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would require landlords to register certain identifying information on a statewide

registry and for pre-1978 properties, provide a valid certificate of conformance with the lead hazard

mitigation act. For landlords who do not comply, this act establishes civil penalties and prevents

the landlord from suing a tenant for non-payment of rent.

     This act would take effect upon passage.

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