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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:

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

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

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     34-18-58. Statewide mandatory rental registry.

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

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

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under this chapter;

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

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     (iii) An active email address;

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

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tenant of each dwelling unit;

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

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

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company or agent and including;

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     (A) An active email address; and,

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

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dwelling unit; and

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     (vi) Information necessary to identify each dwelling unit.

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

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

 

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

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

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

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

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

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

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

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this section.

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

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

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October 1, 2024.

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

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

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

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

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

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

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information already supplied remains accurate.

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

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

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

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

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

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

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

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

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

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

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

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

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this section prior to October 1, 2024.

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

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

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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

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

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

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

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

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

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

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

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

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

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

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2024.

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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 PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT

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

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

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

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

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     This act would take effect upon passage.

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