2023 -- S 0729 AS AMENDED

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LC002542

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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

     Introduced By: Senators Mack, Acosta, Euer, McKenney, Bell, Britto, Lawson, DiMario,

     Date Introduced: March 22, 2023

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-128.1 of the General Laws entitled "Lead Hazard Mitigation" is

hereby amended by adding thereto the following section:

     42-128.1-14. Escrow account.

     (a) Notwithstanding any general law, public law, special law or any agreement, whether

written or oral, a tenant may file a petition to deposit their rent in an escrow account in the district

court with jurisdiction of the leased property, whenever the leased property is not compliant with

the risk reduction provisions of chapter 128.1 of title 42, including, but not limited to, the

requirement for a valid certificate of conformance, any rules or regulations derived therefrom, or

upon any licensed inspector's finding of the existence of lead hazards in the property. Upon the

petition to the district court, and after notice to the owner of the premises and a hearing thereon,

the district court shall order the deposit of the tenant's rent within the registry of the court, consistent

with district court rules of procedure, upon a determination that the leased property is not compliant

with the risk reduction provisions of chapter 128.1 of title 42, or upon any licensed inspector's

finding of the existence of lead hazards in the property.

     (b) Other rights or remedies. The right of a tenant to deposit rent in the registry of the court

does not preclude the tenant from pursuing any other right or remedy available to the tenant at law

or equity.

     (c) Release of funds within the registry of the court. Money deposited within the registry

of the court shall be released to the property owner, or designee, upon the court's determination of

compliance by the property owner with the applicable risk reduction standard and state lead

poisoning prevention laws.

     (d) Notwithstanding subsection (c) of this section, the court shall release money from the

registry of the court to the tenant, or designee, if the tenant has incurred costs to comply with the

applicable risk reduction standard and state lead poisoning prevention laws on presentation of a bill

of the reasonable costs of complying with the applicable risk reduction standard or other state lead

poisoning prevention laws. Any money to be released under this subsection shall be subtracted

from the money to be released under subsection (c) of this section.

     (e) Retaliatory actions prohibited. A lessee may not be evicted, the tenancy may not be

terminated, the rent may not be raised, or any services reduced, because a lessee in good faith elects

to seek the remedies under this section.

     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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     This act would establish an escrow account for tenants to deposit their rent whenever

the leased property is not compliant with the lead hazard mitigation law and which rent would

be released to the property owner upon compliance with the lead hazard mitigation law.

     This act would take effect upon passage.

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