Chapter 301

Chapter 301

2003 -- S 0492 SUBSTITUTE A

Enacted 07/17/03





     Introduced By: Senators Sheehan, McCaffrey, and Gallo

     Date Introduced: February 13, 2003



It is enacted by the General Assembly as follows:


     SECTION 1. Section 34-18-8 of the General Laws in Chapter 34-18 entitled "Residential

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

     34-18-8. Exclusions from application of chapter. -- Unless created to avoid the

application the parties expressly agree to be governed by the provisions of this chapter, the

following arrangements are not governed by this chapter:

      (1) Residence at an institution, public or private, if incidental to detention or the

provision of medical, geriatric, educational, counseling, religious, or similar service;

      (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a

part, if the occupant is the purchaser or a person who succeeds to his or her interest;

      (3) Occupancy by a member of a fraternal or social organization in the portion of a

structure operated for the benefit of the organization;

      (4) Transient occupancy in a hotel, motel, or other lodging as defined under section 44-

18-7(11), which is subject to the state sales and use tax, or lodgings tax as allowed by state

enabling legislation;

      (5) Occupancy by a paid employee of a landlord, whose right to occupancy is conditional

upon employment substantially for services, maintenance, or repair of premises containing more

than eleven (11) units;

      (6) Occupancy by a holder of a proprietary lease in a cooperative;

      (7) Commercial letting and any other estate governed by chapter 18.1 of this title;

      (8) Residence at a transitional housing facility.

     SECTION 2. This act shall take effect upon passage.     


LC02333/SUB A