Chapter 198
2022 -- S 2984
Enacted 06/27/2022

A N   A C T
RELATING TO TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY CODE

Introduced By: Senators Goodwin, and Bell

Date Introduced: May 24, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 45-24.3-19 of the General Laws in Chapter 45-24.3 entitled "Housing
Maintenance and Occupancy Code" is hereby amended to read as follows:
     45-24.3-19. Repairs and other corrective action -- Demolition -- Revolving fund.
     (a) Repairs and other corrective action.
     (1) Whenever an owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or
structure fails, neglects, or refuses to make repairs or other corrective action called for by a second
order or notice of violation issued pursuant to § 45-24.3-17, the enforcing officer may undertake
the repairs or action, when in his or her judgment a failure to make them will endanger the public
health, safety, or welfare, and the cost of the repairs and action will not exceed fifty percent (50%)
of the fair market value of the structure to be repaired.
     (2) Notice of the intention to make repairs or take other corrective action shall be served
upon the owner, operator, or agent pursuant to § 45-24.3-17.
     (3) Every owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure,
who receives notice of the intention of the enforcing officer to make repairs or take other corrective
action, shall give entry and free access to the agent of the enforcing officer for the purpose of
making repairs.
     (4) Any owner, operator, agent, or occupant of a dwelling, dwelling unit, rooming unit, or
structure, who refuses, impedes, interferes with, hinders, or obstructs entry by the agent pursuant
to a notice of intention to make repairs or take other corrective action, is subject to a civil penalty
of twenty-five dollars ($25.00) for each failure to comply with this section.
     (5) When repairs are made or other corrective action taken at the direction of the enforcing
officer, cost of the repairs and corrective action constitutes a debt in favor of the corporate unit
against the owner of the repaired structure. In the event the owner fails, neglects, or refuses to pay
the corporate unit the amount of this debt, it is recoverable in a civil action against the owner or his
or her successor, brought in a court of competent jurisdiction by the corporate unit which possesses
all rights of a private creditor.
     (b) Designation of unfit dwellings, dwelling units, rooming units, and structures.
     (1) Any dwelling, dwelling unit, rooming unit, or structure shall be designated as unfit for
human habitation when any of the following defects or conditions are found, and when, in the
opinion of the enforcing officer, these defects create a hazard to the health, safety, or welfare of the
occupants or of the public:
     (i) The structure is damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested.
     (ii) The structure lacks illumination, ventilation, or required thermal and sanitation
facilities.
     (iii) The general condition of location is unsanitary, unsafe, or unhealthful.
     (2) Whenever any dwelling, dwelling unit, rooming unit, or structure has been designated
as unfit for human habitation, the enforcing officer shall placard the dwelling, dwelling unit, or
rooming unit, or structure, indicating that it is unfit for human habitation, and, if occupied, shall
order the dwelling, dwelling unit, rooming unit, or structure vacated within a reasonable time, that
time to be not more than thirty (30) days.
     (3) No dwelling, dwelling unit, rooming unit, or structure, designated as unfit for human
habitation, and which has been placarded and vacated, shall be used again for human habitation
until written approval is secured from the enforcing officer and the placard removed by the
enforcing officer.
     (4) The enforcing officer shall rescind the designation and remove the placard when the
defect or condition upon which the designation and the placarding was based has been removed or
eliminated as to cause the dwelling, dwelling unit, rooming unit, or structure to be deemed by the
enforcing officer as a safe, sanitary, and fit place or unit for human habitation.
     (5) No person shall deface or remove the placard from any dwelling, dwelling unit,
rooming unit, or structure which has been designated as unfit for human habitation and has been
placarded, except as provided in this section.
     (6) Any person affected by any decision of the enforcing officer or by any designation or
placarding of a dwelling, dwelling unit, rooming unit, or structure as unfit for human habitation,
shall be granted a hearing on the matter before the enforcing officer under the procedure established
in § 45-24.3-21.
     (7) The enforcing officer may order the owner of any building, which has been in the past
and/or is vacant and open, to comply with the following specifications: all openings (including
doors and windows) from cellar to second floor and all windows above the second floor leading to
fire escapes, porches, or structural appurtenances, on all floors, must be covered from the exterior
with three-eighths inch (⅜") thick exterior plywood or one-half inch (½") notched boards firmly
secured and with protective coating. All other windows must be so secured by either one-quarter
inch (¼") thick exterior plywood or one-half inch (½") notched boards.
     (c) Demolition of dwellings, dwelling units, or rooming units designated as unfit for human
habitation. (1) The enforcing officer shall order a dwelling, dwelling unit, or rooming unit to be
demolished if it has been designated as unfit for human habitation, has been placarded, has been
vacated, and has not been put into proper repair as to rescind the designation as unfit for human
habitation and to cause the placard to be removed, and is determined by the enforcing officer not
to warrant repair under this section.
     (2) The owner of any dwelling, dwelling unit, or rooming unit, ordered demolished, shall
be given notice of this order in the manner provided for service of notice in § 45-24.3-17, and given
a reasonable time, not to exceed ninety (90) days, to demolish the structure.
     (3) Any owner aggrieved by the notice to demolish may, within ten (10) days, seek a
reconsideration of the matter in the manner provided, and may seek a formal hearing in the manner
provided in § 45-24.3-21.
     (4) When the owner fails, neglects, or refuses to demolish an unfit, unsafe, or unsanitary
dwelling, dwelling unit, or rooming unit within the requisite time, the enforcing officer may apply
to a court of competent jurisdiction for a demolition order to undertake the demolition. The court
may grant the order when no reconsideration or hearing on the matter is pending. The cost of the
demolition shall create a debt in favor of this corporate unit against the owner, and is recoverable
in a civil action brought by the corporate unit which possesses all the rights of a private creditor.
     (5) Whenever a dwelling is demolished, whether carried out by the owner or by the
enforcing officer, the demolition shall include the filling in of the excavation remaining on the
property on which the demolished dwelling was located, in a manner that eliminates all potential
danger to the public health, safety, or welfare arising from the excavation.
     (6) All demolition shall be preceded by an inspection of the premises by the appropriate
authority as provided for by the laws of this state.
     (d) Relocation of occupants. Notwithstanding the other provisions of this section, no
dwelling shall be vacated or demolished by the enforcing officer, under the powers granted to him
or her by the provisions of this chapter, until persons occupying the dwelling at the time the
compliance order is issued have been offered housing accommodations in a decent, safe, and
sanitary dwelling which meets the requirements of this chapter. Should a municipality relocate
occupants, the cost of relocation shall constitute a debt in favor of the corporate unit against the
owner, and is recoverable in a civil action brought by the corporate unit which possesses all the
rights of a private creditor.
     (e) Revolving fund. (1) There is created a revolving fund for the purpose of supporting the
cost of repairs and other corrective action or demolition made by the enforcing officer pursuant to
this section. Into this fund shall be paid:
     (1)(i) All civil penalties collected for violations of this chapter pursuant to § 45-24.3-18.
     (2)(ii) All license fees collected pursuant to this chapter.
     (3)(iii) All judgments collected in actions to recover the costs of repair and other corrective
action and demolition, pursuant to this section.
     (4)(iv) Any other revenues that the corporate unit may from time to time authorize to be
paid into this fund.
     (5)(v) All donations and grants designed to promote the purposes of this chapter from
public or private sources. The enforcing officer is declared to be the authorized agency of the
corporate unit to apply for and receive all grants, loans, and gifts of funds to promote the purposes
of this chapter.
     (2) Notwithstanding anything to the contrary in this subsection, the corporate unit is hereby
authorized to select from a wide array of vendors, contractors and subcontractors, and third-party
administrators to administer a loan program or loan programs utilizing the revolving fund to assist
qualifying owners, operators, and agents with the cost of repairs and other corrective action or
demolition. If the plan includes the purchase of professional assistance, an appropriate contract
shall be prepared and local purchasing policies shall be followed.
     (f) Rent payments. Notwithstanding any lease or other agreement, if the enforcing officer
of any corporate unit has ordered the repair, alteration, or improvement of a dwelling in that the
officer designates the dwelling to be an unfit dwelling, as provided for in this section, then the
obligation of rent to the landlord is suspended and the rent shall be paid into the revolving fund as
established in subsection (e) of this section. by the enforcing officer, to be paid thereafter to the
landlord or any other party authorized to make repairs (including the enforcing officer) to defray
the cost of correcting the conditions, and no action shall be maintained by the landlord against the
tenant for rent or for possession. Sums paid into the revolving fund in excess of those necessary to
make repairs shall be paid to the landlord on completion. If the tenant fails to make payments to
the enforcing officer then an action for rent or possession may be maintained, subject to defenses
that the tenant may have under the lease or agreement.
     SECTION 2. This act shall take effect upon passage.
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