§ 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 the tenant’s 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 this chapter, 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 this chapter, 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), 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).
(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.
History of Section.
P.L. 2023, ch. 85, § 1, effective June 19, 2023; P.L. 2023, ch. 86, § 1, effective
June 19, 2023.