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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: Senators Murray, Mack, Miller, Euer, Sosnowski, Quezada, Acosta,
DiMario, Kallman, and Raptakis

     Date Introduced: February 16, 2023

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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application fee.

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

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

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

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

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credit check subject to the following limitations:

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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property.

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     This act would take effect on January 1, 2024.

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