Rhode Island 2023 Regular Session

Rhode Island House Bill H5579 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5579
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7	7	LC001267
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
16	16	Introduced By: Representatives Fenton-Fung, Shallcross Smith, Lima, Cardillo, and
17	17	Messier
18	18	Date Introduced: February 15, 2023
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant 1
24	24	Act" is hereby amended by adding thereto the following section: 2
25	25	34-18-58. Termination of residential lease by domestic abuse victim, sexual assault 3
26	26	victim or stalking victim. 4
27	27	(a) As used in this section: 5
28	28	(1) "Domestic abuse victim" means any person who suffers domestic abuse pursuant to 6
29	29	chapter 15 of title 15 and falls within the following categories: 7
30	30	(i) Adults or minors who are current or former spouses; 8
31	31	(ii) Adults or minors who live together or who have lived together; 9
32	32	(iii) Adults or minors who are dating or who have dated or who have or had a sexual 10
33	33	relationship. "Dating" and "dated" do not include fraternization between two (2) individuals in a 11
34	34	business or social context; 12
35	35	(iv) Adults or minors related by blood or adoption; 13
36	36	(v) Adults or minors who are related or were formerly related by marriage; or 14
37	37	(vi) Adult or minor children of a person in a relationship that is described in sections 15
38	38	(a)(1)(i) through (a)(1)(v) of this subsection. 16
39	39	(2) "Household member" means a member of the tenant's family who lives in the same 17
40	40	household as the tenant. 18
41	41	(3) "Sexual assault victim" means any person, regardless of the relationship with the 19
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44	44	LC001267 - Page 2 of 4
45	45	perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, or 1
46	46	sexual assault as defined in chapter 37 of title 11. 2
47	47	(4) "Stalking victim" means any person, regardless of the relationship with the perpetrator, 3
48	48	who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined 4
49	49	in chapter 59 of title 11. 5
50	50	(b)(1) A tenant who meets the requirements established in this subsection (b) of this section 6
51	51	may terminate a residential rental or lease agreement entered into or renewed on or after July 1, 7
52	52	2023, upon the tenant providing the landlord with written notice stating that the tenant or household 8
53	53	member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether 9
54	54	the victim is an adult or a child. In order for a tenant to terminate the tenant's rights and obligations 10
55	55	under the rental or lease agreement and vacate the dwelling without liability for future rent and 11
56	56	early termination penalties or fees, the tenant shall provide the landlord with: 12
57	57	(i) Written notice requesting release from the rental or lease agreement; 13
58	58	(ii) A mutually agreed upon release date within the next thirty (30) days from the date of 14
59	59	the written notice; and 15
60	60	(iii) One of the following: 16
61	61	(A) A copy of a valid order of protection issued or extended pursuant to following a hearing 17
62	62	at which the court found by a preponderance of the evidence that stalking, based on a police report 18
63	63	reflecting that the tenant or household member was subject to domestic abuse, sexual assault, or 19
64	64	stalking, regardless of whether the alleged victim is an adult or a child. 20
65	65	(2) The documentation the tenant offers in support of the termination request shall be dated 21
66	66	no more than sixty (60) days prior to the tenant's notice to the landlord. 22
67	67	(3)(i) Unless otherwise required by law or a court of competent jurisdiction, a landlord 23
68	68	shall not reveal any identifying information concerning a tenant who has terminated a rental or 24
69	69	lease agreement without the written consent of the tenant. 25
70	70	(ii) "Identifying information" means any information that could reasonably be used to 26
71	71	locate the former tenant or household member, including a home or work address, telephone 27
72	72	number, or social security number. 28
73	73	(4) The tenant shall vacate the premises within thirty (30) days of giving notice to the 29
74	74	landlord or at any other time as may be agreed upon by the landlord and the tenant. 30
75	75	(c) A tenant terminating the rental or lease agreement pursuant to this section is responsible 31
76	76	for: 32
77	77	(1) The rent payment for the full month in which the tenancy terminates; and 33
78	78	(2) The previous obligations outstanding on the termination date. 34
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82	82	(d) This section does not: 1
83	83	(1) Release other parties to the rental or lease agreement from the obligation under the 2
84	84	rental or lease agreement; 3
85	85	(2) Authorize the landlord to terminate the tenancy and cause the eviction of a residential 4
86	86	tenant solely because the tenant or a household member is a domestic abuse victim, sexual assault 5
87	87	victim, or stalking victim, regardless of whether the victim is an adult or child; or 6
88	88	(3) Authorize the landlord or tenant, by agreement, to waive or modify any provision of 7
89	89	this section other than subsection (b)(4) of this section. 8
90	90	SECTION 2. This act shall take effect upon passage. 9
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97	97	EXPLANATION
98	98	BY THE LEGISLATIVE COUNCIL
99	99	OF
100	100	A N A C T
101	101	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
102	102	***
103	103	This act would allow termination of a residential lease by a domestic abuse victim, sexual 1
104	104	assault victim or a stalking victim. 2
105	105	This act would take effect upon passage. 3
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107	107	LC001267
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