Rhode Island 2023 Regular Session

Rhode Island House Bill H5760 Compare Versions

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

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5	5	2023 -- H 5760
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7	7	LC000461
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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 -- FAIR CHANCE IN HOUSING ACT
16	16	Introduced By: Representatives Speakman, Morales, Henries, Alzate, Felix, Giraldo,
17	17	Potter, Cruz, Tanzi, and Knight
18	18	Date Introduced: February 21, 2023
19	19	Referred To: House Judiciary
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by 1
24	24	adding thereto the following chapter: 2
25	25	CHAPTER 58 3
26	26	FAIR CHANCE IN HOUSING ACT 4
27	27	34-58-1. Short title. 5
28	28	This chapter shall be known and may be cited as the "Fair Chance in Housing Act". 6
29	29	34-58-2. Definitions. 7
30	30	When used in this chapter, the following terms shall have the following meanings: 8
31	31	(1) "Applicant" means any person considered for, or who requests to be considered for 9
32	32	tenancy within a rental dwelling unit. 10
33	33	(2) "Conditional offer" means an offer to rent or lease a rental dwelling unit to an applicant 11
34	34	that is contingent on a subsequent inquiry into the applicant's criminal record, or any other 12
35	35	eligibility criteria that the housing provider may lawfully utilize. 13
36	36	(3) "Criminal record" means information collected by criminal justice agencies on 14
37	37	individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, 15
38	38	or other formal criminal charges, and any disposition arising therefrom, including acquittal, 16
39	39	sentencing, correctional supervision, release or conviction, including, but not limited to, any 17
40	40	sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of 18
41	41	incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge. 19
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43	43
44	44	LC000461 - Page 2 of 7
45	45	(4) "Housing provider" means a landlord, an owner, lessor, sublessor, assignee, or their 1
46	46	agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy 2
47	47	of any rental dwelling unit. 3
48	48	(5) "Pending criminal accusation" means an existing accusation that an individual has 4
49	49	committed a crime, lodged by a law enforcement agency through an indictment, information, 5
50	50	complaint, or other formal charge. 6
51	51	(6) "Rental dwelling unit" means a dwelling unit offered for rent by a housing provider for 7
52	52	residential purposes, other than a dwelling unit in an owner-occupied premises of not more than 8
53	53	three (3) dwelling units. 9
54	54	34-58-3. Restriction on use of criminal record. 10
55	55	(a)(1) A housing provider shall not require an applicant to complete any housing 11
56	56	application that includes any inquiries regarding an applicant's criminal record prior to the provision 12
57	57	of a conditional offer, except that a housing provider may inquire as provided in § 34-58-4. 13
58	58	(2) A housing provider shall not make any oral or written inquiry regarding an applicant's 14
59	59	criminal record prior to making a conditional offer, except that a housing provider may inquire as 15
60	60	provided in § 34-58-4. 16
61	61	(3) An applicant may provide evidence to the housing provider demonstrating inaccuracies 17
62	62	within the applicant's criminal record or evidence of rehabilitation or other mitigating factors. 18
63	63	(b) Prior to accepting any application fee, a housing provider shall disclose in writing to 19
64	64	the applicant: 20
65	65	(1) Whether the eligibility criteria of the housing provider include the review and 21
66	66	consideration of criminal history; and 22
67	67	(2) A statement that the applicant, pursuant to subsection (a) of this section, may provide 23
68	68	evidence demonstrating inaccuracies within the applicant's criminal record or evidence of 24
69	69	rehabilitation or other mitigating factors. 25
70	70	(c) After the issuance of a conditional offer to an applicant, a housing provider may only 26
71	71	consider a criminal record in the applicant's history that: 27
72	72	(1) Has occurred within the ten (10) years immediately preceding the issuance of the 28
73	73	conditional offer; and 29
74	74	(2) Is murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, 30
75	75	first degree sexual assault, second degree sexual assault, first and second degree child molestation, 31
76	76	assault with intent to murder, assault with intent to rob, assault with intent to commit first degree 32
77	77	sexual assault, burglary, entering a dwelling house with intent to commit murder, robbery, sexual 33
78	78	assault, or larceny, human trafficking, drug-related criminal activity for the manufacture or 34
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81	81	LC000461 - Page 3 of 7
82	82	production of methamphetamine on the premises of any residential housing or federally assisted 1
83	83	housing, or any crime that resulted in lifetime registration in a state sex offender registry. 2
84	84	(d) A housing provider shall not, either before or after the issuance of a conditional offer, 3
85	85	evaluate an applicant based on any of the following types of criminal records: 4
86	86	(1) Arrests or charges that have not resulted in a criminal conviction; 5
87	87	(2) Expunged convictions; 6
88	88	(3) Convictions erased through executive pardon; 7
89	89	(4) Vacated and otherwise legally nullified convictions; 8
90	90	(5) Juvenile adjudications of delinquency; and 9
91	91	(6) Records that have been sealed. 10
92	92	(e)(1) A housing provider may withdraw a conditional offer based on an applicant's 11
93	93	criminal record only if the withdrawal is justified by a substantial, legitimate, nondiscriminatory 12
94	94	interest. 13
95	95	(2) The housing provider's determination of a nondiscriminatory interest shall be 14
96	96	reasonable in light of the following factors: 15
97	97	(i) The nature and severity of the criminal offense; 16
98	98	(ii) The age of the applicant at the time of the occurrence of the criminal offense; 17
99	99	(iii) The amount of time which has elapsed since the occurrence of the criminal offense; 18
100	100	(iv) Any information produced by the applicant, or produced on the applicant's behalf, in 19
101	101	regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal 20
102	102	offense; 21
103	103	(v) The degree to which the criminal offense, if it reoccurred, would negatively impact the 22
104	104	safety of the housing provider's other tenants or property; and 23
105	105	(vi) Whether the criminal offense occurred on or was connected to property that was rented 24
106	106	or leased by the applicant. 25
107	107	(f)(1) If a housing provider withdraws a conditional offer, the housing provider shall 26
108	108	provide the applicant with written notification that includes, with specificity, the reason or reasons 27
109	109	for the withdrawal of the conditional offer and a notice that advises the applicant of the applicant's 28
110	110	right to file a complaint with the attorney general pursuant to § 34-58-5. 29
111	111	(2) The applicant may request, within twenty (20) days after the housing provider's notice 30
112	112	of the withdrawal, that the housing provider afford the applicant a copy of all information that the 31
113	113	housing provider relied upon in considering the applicant, including criminal records. A housing 32
114	114	provider shall provide the information requested free of charge, within ten (10) days after receipt 33
115	115	of a timely request. 34
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119	119	(g) Nothing set forth in this chapter shall be construed to prohibit a housing provider from 1
120	120	requiring an applicant to complete a housing application that includes any inquiries regarding an 2
121	121	applicant's criminal record after the conditional offer is provided or from making any oral or written 3
122	122	inquiries regarding an applicant's criminal record after the conditional offer is provided. 4
123	123	(h) Unless otherwise permitted or required by law, a housing provider shall not knowingly 5
124	124	or purposefully publish, or cause to be published, any housing advertisement that explicitly 6
125	125	provides that the housing provider will not consider any applicant who has been arrested or 7
126	126	convicted of one or more crimes or offenses. 8
127	127	34-58-4. Applicability. 9
128	128	This chapter shall not apply: 10
129	129	(1) If, and only to the extent, a federal law or regulation requires the housing provider to 11
130	130	consider an applicant's criminal records for residential leasing purposes; or 12
131	131	(2) If a federal law or regulation otherwise allows for the denial of an applicant due to 13
132	132	certain criminal convictions. 14
133	133	34-58-5. Civil liability. 15
134	134	(a) A person claiming to be aggrieved pursuant to § 34-58-3 may file a complaint with the 16
135	135	Rhode Island commission for human rights pursuant to §§ 34-37-5 and 34-37-6. 17
136	136	(b) Any housing provider who violates this chapter shall be liable for a civil penalty in an 18
137	137	amount not to exceed one thousand dollars ($1,000) for the first violation, five thousand dollars 19
138	138	($5,000) for the second violation, and ten thousand dollars ($10,000) for each subsequent violation 20
139	139	collectible by the attorney general. 21
140	140	(c) The Rhode Island commission for human rights is empowered and directed to prevent 22
141	141	any person from violating any of the provisions of § 34-58-3; provided that, before instituting a 23
142	142	formal hearing it shall attempt by informal methods of conference, persuasion, and conciliation, to 24
143	143	induce compliance with those sections. Upon the commission's own initiative or whenever an 25
144	144	aggrieved individual or an organization chartered for the purpose of combating discrimination or 26
145	145	of safeguarding civil liberties or rights of persons, the individual or organization being hereinafter 27
146	146	referred to as the "complainant", makes a charge to the commission that any person, agency, bureau, 28
147	147	corporation or association, hereinafter referred to as the "respondent", has violated or is violating 29
148	148	any of the provisions of § 34-58-3, the commission may proceed in the same manner and with the 30
149	149	same powers as provided in §§ 34-37-5 and 34-37-6. 31
150	150	34-58-6. Discriminatory advertising prohibited. 32
151	151	(a) A housing provider shall not knowingly or purposefully publish, or cause to be 33
152	152	published, any housing advertisement that explicitly provides that the housing provider will not 34
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155	155	LC000461 - Page 5 of 7
156	156	consider any applicant who has been arrested or convicted of one or more crimes or offenses, except 1
157	157	for that criminal activity as provided for in § 34-58-4. 2
158	158	(b) A housing provider shall not print, publish, circulate, issue, display, post, or mail, or 3
159	159	cause to be printed, published, circulated, issued, displayed, posted or mailed any statement, 4
160	160	advertisement, publication or sign, or use any form of application for the rental, lease, or sublease 5
161	161	of any real property or part or portion thereof or make any record or inquiry in connection with the 6
162	162	prospective rental, lease, or sublease of any real property or part or portion thereof which expresses, 7
163	163	directly or indirectly, any unlawful limitation, specification or discrimination as to criminal record, 8
164	164	except as permitted by this chapter, and except for that criminal activity as provided for in § 34-58-9
165	165	4. 10
166	166	(c) Unless otherwise required by law, a housing provider shall not: 11
167	167	(1) Distribute or disseminate an applicant's criminal record to any person who is not 12
168	168	expected to use the criminal record for the purpose of evaluating the applicant in a manner 13
169	169	consistent with this chapter; or 14
170	170	(2) Use an applicant's criminal record for a purpose that is not consistent with this chapter. 15
171	171	34-58-7. Drug and alcohol testing prohibited. 16
172	172	Except as may be required under federal law or as a condition of occupancy for any 17
173	173	residential treatment facility, a housing provider shall not require an applicant to submit to a drug 18
174	174	or alcohol test, or request the applicant's consent to obtain information from a drug abuse treatment 19
175	175	facility. 20
176	176	34-58-8. Unlawful acts by housing providers -- Retaliation prohibited. 21
177	177	It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the 22
178	178	exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of 23
179	179	his or her having aided or encouraged any other person in the exercise or enjoyment of, any right 24
180	180	granted or protected by this chapter. No housing provider under this chapter or any agent of theirs 25
181	181	shall discriminate in any manner against any individual because he or she has opposed any practice 26
182	182	forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any 27
183	183	manner in any investigation, proceeding, or hearing under this chapter. 28
184	184	34-58-9. Consideration of rental applications -- Credit history -- Denial notice. 29
185	185	(a) If a landlord uses credit history as criteria in consideration of a rental application, the 30
186	186	landlord shall not consider any credit history beyond three (3) years immediately preceding the date 31
187	187	of the application. 32
188	188	(b) If a landlord denies a rental application based upon credit history, the landlord shall 33
189	189	provide the prospective tenant a written notice of the denial that states the reason for denial. The 34
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192	192	LC000461 - Page 6 of 7
193	193	landlord shall make a good-faith effort to do so not more than twenty (20) calendar days after 1
194	194	making the decision to deny the prospective tenant's rental application. 2
195	195	SECTION 2. This act shall take effect upon passage. 3
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197	197	LC000461
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201	201	LC000461 - Page 7 of 7
202	202	EXPLANATION
203	203	BY THE LEGISLATIVE COUNCIL
204	204	OF
205	205	A N A C T
206	206	RELATING TO PROPERTY -- FAIR CHANCE IN HOUSING ACT
207	207	***
208	208	This act would limit the use of certain criminal records and credit history reports in denying 1
209	209	housing to prospective applicants, provide fines for failure to comply and require notice of denials 2
210	210	be sent to the prospective tenants. 3
211	211	This act would take effect upon passage. 4
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213	213	LC000461
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