2023 -- S 0312

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LC001015

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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 McKenney, Britto, Burke, LaMountain, and Kallman

     Date Introduced: February 16, 2023

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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

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

     34-18-58. Rental application fees.

     A landlord may not charge a rental application fee in an amount in excess of ten percent

(10%) of one month’s periodic rent.

     SECTION 2. Section 34-18-11 of the General Laws in Chapter 34-18 entitled "Residential

Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-11. Definitions.

     Subject to additional definitions contained in subsequent sections of this chapter which

apply to specific sections thereof, and unless the context otherwise requires, in this chapter:

     (1) “Abandonment” means the tenant has vacated the premises without notice to the

landlord and has no intention of returning, as evidenced by nonpayment of rent for more than fifteen

(15) days and removal of substantially all possessions from the premises;

     (2) “Action” includes recoupment, counterclaim, set-off, suit in equity, and any other

proceeding in which rights are determined, including an action for possession;

     (3) “Building and housing codes” include any law, ordinance, or governmental regulation

concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or

appearance of any premises of dwelling unit;

     (4) “Dwelling unit” means a structure or part of a structure that is designed or intended to

be used as a home, residence, or sleeping place by one or more persons;

     (5) “Fair rental value” means rent which is of comparable value with that of other rental

properties of similar size and condition within the contiguous neighborhood;

     (6) “Good faith” means honesty in fact in the conduct of the transaction concerned;

     (7) “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the building

of which it is a part, and it also means a manager of the premises who fails to disclose as required

by § 34-18-20;

     (8) “Ordinary wear and tear” means deterioration of the premises which is the result of the

tenant’s normal nonabusive living and includes, but is not limited to, deterioration caused by the

landlord’s failure to prepare for expected conditions or by the landlord’s failure to comply with his

or her obligations;

     (9) “Organization” includes a corporation, government, governmental subdivision or

agency, business trust, estate, trust, partnership of association, two (2) or more persons having a

joint or common interest, and any other legal or commercial entity;

     (10) “Owner” shall mean any person who, alone or jointly or severally with others:

     (i) Has legal title or tax title (pursuant to §§ 44-9-40 — 44-9-46, inclusive, of the general

laws) to any dwelling, dwelling unit or structure with or without accompanying actual possession

thereof; or

     (ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or

agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner.

Any person representing the actual owner in this way shall be bound to comply with the provisions

of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he or

she were the owner.

     (11) “Person” includes an individual or organization;

     (12) “Premises” means a dwelling unit and the structure of which it is a part and facilities

and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally,

or the use of which is promised to the tenant;

     (13) “Rent” means the payment or consideration that a tenant pays to a landlord for the use

of the premises, whether money, services, property, or produce of the land;

     (14) “Rental agreement” means all agreements, written or oral, and valid rules and

regulations adopted under § 34-18-25 embodying the terms and conditions concerning the use and

occupancy of a dwelling unit and premises, and also includes any terms required by law;

     (15) “Rental application fee” means fees that are collected by landlords to process a rental

application.

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     (16) “Roomer” means a tenant occupying a dwelling unit which consists of any room or

group of rooms forming a single habitable unit used or intended to be used for living and sleeping,

but not for cooking or eating purposes;

     (16)(17) “Security deposit” means a sum of money given by a tenant to a landlord at the

outset of the tenancy or shortly thereafter, as a deposit against physical damages to the tenant’s

dwelling unit during said tenancy;

     (17)(18) “Tenant” means a person entitled under a rental agreement to occupy a dwelling

unit to the exclusion of others;

     (18)(19) “Transitional housing facility” means a facility which, for a period not to exceed

two (2) years, provides its residents with appropriate social services for the purpose of fostering

independence, self sufficiency, and eventual transition to a permanent living arrangement;

     (19)(20) “Willful” means that the act was performed intentionally, knowingly and

purposely, not accidentally or inadvertently and without justifiable excuse.

     SECTION 3. 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 prohibit a landlord from charging a rental application fee in excess of ten

percent (10%) of one month’s periodic rent.

     This act would take effect upon passage.

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LC001015

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