Rhode Island 2023 Regular Session

Rhode Island House Bill H5376 Compare Versions

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55 2023 -- H 5376
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT
1616 Introduced By: Representatives J. Lombardi, Kislak, Hull, Biah, Batista, Henries,
1717 Stewart, Morales, Felix, and Tanzi
1818 Date Introduced: February 03, 2023
1919 Referred To: House Municipal Government & Housing
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode Island 1
2424 Fair Housing Practices Act" is hereby amended to read as follows: 2
2525 34-37-4. Unlawful housing practices. 3
2626 (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as 4
2727 defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be 5
2828 made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, 6
2929 gender identity or expression, marital status, lawful source of income, military status as a veteran 7
3030 with an honorable discharge or an honorable or general administrative discharge, servicemember 8
3131 in the armed forces, country of ancestral origin, or disability, age, familial status, whether the 9
3232 applicant for housing has been incarcerated, nor make any written or oral inquiry concerning 10
3333 whether a tenant or applicant or a member of the household is, or has been, or is threatened with 11
3434 being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is 12
3535 seeking relief from any court in the form of a restraining order for protection from domestic abuse, 13
3636 of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or 14
3737 indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the 15
3838 housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity 16
3939 or expression, marital status, lawful source of income, military status as a veteran with an honorable 17
4040 discharge or an honorable or general administrative discharge, servicemember in the armed forces, 18
4141 country of ancestral origin, disability, age, or familial status or the prior incarceration of the 19
4242
4343
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4545 individual or the race, color, religion, sex, sexual orientation, gender identity or expression, marital 1
4646 status, lawful source of income, military status as a veteran with an honorable discharge or an 2
4747 honorable or general administrative discharge, servicemember in the armed forces, country of 3
4848 ancestral origin or disability, age, or familial status of any person with whom the individual is or 4
4949 may wish to be associated; or shall, or on the basis that a tenant or applicant, or a member of the 5
5050 household, is or has been, or is threatened with being, the victim of domestic abuse, or that the 6
5151 tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a 7
5252 restraining order for protection from domestic abuse. Nor shall an owner having the right to sell, 8
5353 rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of 9
5454 these, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the 10
5555 housing accommodation that indicates any preference, limitation, specification, or discrimination 11
5656 based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital 12
5757 status, lawful source of income, military status as a veteran with an honorable discharge or an 13
5858 honorable or general administrative discharge, servicemember in the armed forces, country of 14
5959 ancestral origin, disability, age, familial status, incarceration status or on the basis that a tenant or 15
6060 applicant or a member of the household is, or has been, or is threatened with being the victim of 16
6161 domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any 17
6262 court in the form of a restraining order for protection from domestic abuse, or shall, directly or 18
6363 indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual 19
6464 orientation, gender identity or expression, marital status, lawful source of income, military status 20
6565 as a veteran with an honorable discharge or an honorable or general administrative discharge, 21
6666 servicemember in the armed forces, country of ancestral origin, disability, age, familial status, 22
6767 incarceration status or on the basis that a tenant or applicant or a member of the household is, or 23
6868 has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant 24
6969 has obtained, or sought, or is seeking relief from any court in the form of a restraining order for 25
7070 protection from domestic abuse, in the terms, conditions, or privileges of the sale, rental, or lease 26
7171 of any housing accommodation or in the furnishing of facilities or services in connection with it. 27
7272 Nor shall an owner having the right to sell, rent, lease, or manage a housing accommodation as 28
7373 defined in § 34-37-3, or an agent of any of these, directly or indirectly, misrepresent the availability 29
7474 of a housing accommodation or delay the processing of applications relating to the sale, rental, or 30
7575 lease of the housing accommodation based upon an individual’s race, color, religion, sex, sexual 31
7676 orientation, gender identity or expression, marital status, lawful source of income, military status 32
7777 as a veteran with an honorable discharge or an honorable or general administrative discharge, 33
7878 servicemember in the armed forces, country of ancestral origin, disability, age, familial status, prior 34
7979
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8282 incarceration or on the basis that a tenant or applicant or a member of the household is, or has been, 1
8383 or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, 2
8484 or sought, or is seeking relief from any court in the form of a restraining order for protection from 3
8585 domestic abuse. Nor shall any owner or agent inquire directly or indirectly, to include, but not 4
8686 limited to, by way of a rental application, regarding the former address of residence of the applicant. 5
8787 Nothing in this section shall be construed to prohibit any oral or written inquiry as to 6
8888 whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the 7
8989 source, amount, and expected duration of the lawful source of income of the prospective purchaser 8
9090 or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory 9
9191 standards and preferences or terms, conditions, limitations, or specifications permitted under 10
9292 subsection (c) of this section. 11
9393 (b) No person to whom application is made for a loan or other form of financial assistance 12
9494 for the acquisition, construction, rehabilitation, repair, or maintenance of any housing 13
9595 accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be 14
9696 made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender 15
9797 identity or expression, marital status, military status as a veteran with an honorable discharge or an 16
9898 honorable or general administrative discharge, servicemember in the armed forces, country of 17
9999 ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether 18
100100 a tenant or applicant or a member of the household is, or has been, or is threatened with being the 19
101101 victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking 20
102102 relief from any court in the form of a restraining order for protection from domestic abuse, of any 21
103103 individual seeking the financial assistance, or of existing or prospective occupants or tenants of the 22
104104 housing accommodation; nor shall any person to whom the application is made in the manner 23
105105 provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the 24
106106 obtaining or use of any financial assistance against any applicant because of the race, color, religion, 25
107107 sex, sexual orientation, gender identity or expression, marital status, military status as a veteran 26
108108 with an honorable discharge or an honorable or general administrative discharge, servicemember 27
109109 in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that 28
110110 a tenant or applicant or a member of the household is, or has been, or is threatened with being the 29
111111 victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief 30
112112 from any court in the form of a restraining order for protection from domestic abuse, of the applicant 31
113113 or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed 32
114114 to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18). 33
115115 (c) Nothing contained in this section shall be construed in any manner to prohibit or limit 34
116116
117117
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119119 the exercise of the privilege of every person and the agent of any person having the right to sell, 1
120120 rent, lease, or manage a housing accommodation to establish standards and preferences and set 2
121121 terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or 3
122122 in the furnishing of facilities or services in connection therewith that do not discriminate on the 4
123123 basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital 5
124124 status, lawful source of income, military status as a veteran with an honorable discharge or an 6
125125 honorable or general administrative discharge, servicemember in the armed forces, country of 7
126126 ancestral origin, disability, age, familial status, prior incarceration or on the basis that a tenant or 8
127127 applicant or a member of the household is, or has been, or is threatened with being the victim of 9
128128 domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any 10
129129 court in the form of a restraining order for protection from domestic abuse, of any prospective 11
130130 purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, 12
131131 gender identity or expression, marital status, lawful source of income, military status as a veteran 13
132132 with an honorable discharge or an honorable or general administrative discharge, servicemember 14
133133 in the armed forces, country of ancestral origin, disability, age, or familial status or prior 15
134134 incarceration of any person with whom the prospective purchaser, lessee, tenant, or occupant is or 16
135135 may wish to be associated. Nothing contained in this section shall be construed in any manner to 17
136136 prohibit or limit the exercise of the privilege of every person and the agent of any person making 18
137137 loans for, or offering financial assistance in, the acquisition, construction, rehabilitation, repair, or 19
138138 maintenance of housing accommodations to set standards and preferences, terms, conditions, 20
139139 limitations, or specifications for the granting of loans or financial assistance that do not discriminate 21
140140 on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, 22
141141 marital status, military status as a veteran with an honorable discharge or an honorable or general 23
142142 administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 24
143143 age, familial status, prior incarceration or on the basis that a tenant or applicant or a member of the 25
144144 household is, or has been, or is threatened with being the victim of domestic abuse, or that the 26
145145 tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 27
146146 restraining order for protection from domestic abuse, of the applicant for the loan or financial 28
147147 assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing 29
148148 accommodation. If a landlord requires that a prospective or current tenant have a certain minimum 30
149149 level of income, the standard for assessing eligibility shall be based only on the portion of the rent 31
150150 to be paid by the tenant, taking into account the value of any federal, state, or local rental assistance 32
151151 or housing subsidy. 33
152152 (d) An owner may not refuse to allow a person with a disability to make, at his or her 34
153153
154154
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156156 expense, reasonable modifications of existing premises occupied or to be occupied by the person if 1
157157 the modifications may be necessary to afford the person full enjoyment of the premises, except that, 2
158158 in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a 3
159159 modification on the renter agreeing to restore the interior of the premises to the condition that 4
160160 existed before the modification, reasonable wear and tear excepted. Where it is necessary in order 5
161161 to ensure with reasonable certainty that funds will be available to pay for the restorations at the end 6
162162 of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring 7
163163 that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable 8
164164 amount of money not to exceed the cost of the restorations. The interest in the account shall accrue 9
165165 to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will 10
166166 be subject to § 34-18-19(b) through (f) inclusive. 11
167167 (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, 12
168168 practices, or services when those accommodations may be necessary to afford an occupant with a 13
169169 disability equal opportunity to use and enjoy a dwelling. 14
170170 (2) Every person with a disability who has a guide dog or other personal assistive animal, 15
171171 or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal 16
172172 access to all housing accommodations provided for in this section and shall not be required to pay 17
173173 extra compensation for the guide dog or other personal assistive animal but shall be liable for any 18
174174 damage done to the premises by a guide dog or other personal assistive animal. For the purposes 19
175175 of this subsection, a “personal assistive animal” is an animal specifically trained by a certified 20
176176 animal training program to assist a person with a disability to perform independent living tasks. 21
177177 (f) Any housing accommodation of four (4) units or more constructed for first occupancy 22
178178 after March 13, 1991, shall be designed and constructed in such a manner that: 23
179179 (1) The public use and common use portions of the dwellings are readily accessible to and 24
180180 usable by persons with disabilities; 25
181181 (2) All the doors designed to allow passage into and within all premises within the 26
182182 dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; 27
183183 (3) All premises within the dwellings contain the following features of adaptive design: 28
184184 (i) Accessible route into and through the dwelling; 29
185185 (ii) Light switches, electrical outlets, thermostats, and other environmental controls in 30
186186 accessible locations; 31
187187 (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and 32
188188 (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver 33
189189 about the space. To the extent that any state or local building codes, statutes, or ordinances are 34
190190
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193193 inconsistent with this section, they are hereby repealed. The state building code standards 1
194194 committee is hereby directed to adopt rules and regulations consistent with this section as soon as 2
195195 possible, but no later than September 30, 1990. 3
196196 (g) Compliance with the appropriate requirements of the state building code 14 4
197197 “accessibility for individuals with disabilities for residential use groups” suffices to satisfy the 5
198198 requirements of subsection (f). 6
199199 (h) As used in subsection (f), the term “housing accommodation of four (4) units or more” 7
200200 means: 8
201201 (1) Buildings consisting of four (4) or more units if those buildings have one or more 9
202202 elevators; and 10
203203 (2) Ground floor units in other buildings consisting of four (4) or more units. 11
204204 (i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that 12
205205 requires a greater degree of accessibility to persons with disabilities. 13
206206 (j) Nothing in this section requires that a dwelling be made available to an individual whose 14
207207 tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy 15
208208 would result in substantial physical damage to the property of others. 16
209209 (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, 17
210210 sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, 18
211211 lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the 19
212212 person selected. 20
213213 (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this 21
214214 section to be an unlawful housing practice; or obstruct or prevent any person from complying with 22
215215 the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to 23
216216 commit any act declared by this section to be an unlawful housing practice. 24
217217 (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a 25
218218 loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or 26
219219 maintenance of any housing accommodation, whether secured or unsecured; no financial 27
220220 organization governed by the provisions of title 19 or any other credit-granting commercial 28
221221 institution; or respondent under this chapter; or any agent of these shall discriminate in any manner 29
222222 against any individual because he or she has opposed any practice forbidden by this chapter, or 30
223223 because he or she has made a charge, testified, or assisted in any manner in any investigation, 31
224224 proceeding, or hearing under this chapter. 32
225225 (n) Nothing in this section shall prevent a landlord from proceeding with eviction action 33
226226 against a tenant who fails to comply with § 34-18-24(7). 34
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230230 SECTION 2. This act shall take effect upon passage. 1
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237237 EXPLANATION
238238 BY THE LEGISLATIVE COUNCIL
239239 OF
240240 A N A C T
241241 RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT
242242 ***
243243 This act would prohibit landlords from inquiring about an applicant’s prior incarceration 1
244244 and from discriminating against those who have been released from prison. 2
245245 This act would take effect upon passage. 3
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