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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 6062 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002347 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO PROPERTY – RESIDENTIAL LANDLORD AND TENANT ACT |
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| 16 | 16 | | Introduced By: Representatives Speakman, Cruz, Morales, and Sanchez |
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| 17 | 17 | | Date Introduced: March 03, 2023 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant 1 |
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| 23 | 23 | | Act" is hereby amended by adding thereto the following section: 2 |
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| 24 | 24 | | 34-18-58. Tenants' bill of rights. 3 |
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| 25 | 25 | | A tenant shall be provided the following rights: 4 |
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| 26 | 26 | | (1) Prior to the commencement of any hearing, the judge shall advise the tenant in any 5 |
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| 27 | 27 | | eviction matter, that if they are financially unable to engage counsel, and there are children that are 6 |
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| 28 | 28 | | permanent residents of the dwelling, that they are entitled to the services of the public defender. 7 |
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| 29 | 29 | | The public defender shall, at the request of a judge of a district court, appear in court on behalf of 8 |
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| 30 | 30 | | that person. 9 |
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| 31 | 31 | | (2) The right of habitability in accordance with § 45-24.3-6. 10 |
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| 32 | 32 | | (3) Tenants shall be permitted to freely and peacefully come together, free from 11 |
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| 33 | 33 | | harassment, to organize for their rights, in accordance with § 34-18-46. 12 |
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| 34 | 34 | | (4) A right of refusal to purchase the real property in which they reside in the event a 13 |
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| 35 | 35 | | landlord desires to sell the property. The landlord shall provide the tenant with a sixty (60) day 14 |
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| 36 | 36 | | period to exercise the right of first refusal which shall be based on identical terms the property is 15 |
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| 37 | 37 | | offered to any other potential purchaser. This provision shall exclude the sale of a single “dwelling 16 |
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| 38 | 38 | | unit” as defined in § 45-24-31(24). 17 |
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| 39 | 39 | | (5) It shall be unlawful for a landlord or any person or other entity whose business includes 18 |
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| 40 | 40 | | showing, leasing or renting properties to prospective tenants to discriminate against any person in 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002347 - Page 2 of 6 |
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| 44 | 44 | | making available a rental property, or in the terms and conditions of the rental property, because of 1 |
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| 45 | 45 | | race, color, religion, marital status, former service in the military irrespective of discharge status, 2 |
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| 46 | 46 | | active service in the armed forces, country of ancestral origin, sex, sexual orientation, gender 3 |
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| 47 | 47 | | identity or expression, age, disability, familial status, source of income, or employment or lack 4 |
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| 48 | 48 | | thereof, criminal record or housing, or credit score. 5 |
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| 49 | 49 | | (6) The right to be free from eviction without good cause pursuant to §§ 34-18-35 and 34-6 |
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| 50 | 50 | | 18-36. 7 |
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| 51 | 51 | | SECTION 2. Section 34-18-15 of the General Laws in Chapter 34-18 entitled "Residential 8 |
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| 52 | 52 | | Landlord and Tenant Act" is hereby amended to read as follows: 9 |
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| 53 | 53 | | 34-18-15. Terms and conditions of rental agreement. 10 |
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| 54 | 54 | | (a) A landlord and a tenant may include in a rental agreement terms and conditions not 11 |
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| 55 | 55 | | prohibited by this chapter or other rule of law, including rent, term of the agreement, and other 12 |
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| 56 | 56 | | provisions governing the rights and obligations of the parties. 13 |
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| 57 | 57 | | (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and 14 |
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| 58 | 58 | | occupancy of the dwelling unit. 15 |
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| 59 | 59 | | (c) Rent is payable without demand or notice at the time and place agreed upon by the 16 |
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| 60 | 60 | | parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at 17 |
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| 61 | 61 | | the beginning of any term of one month or less and otherwise in equal monthly installments at the 18 |
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| 62 | 62 | | beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-19 |
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| 63 | 63 | | day. 20 |
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| 64 | 64 | | (d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case 21 |
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| 65 | 65 | | of a roomer who pays weekly rent, and in all other cases month to month. 22 |
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| 66 | 66 | | (e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65) 23 |
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| 67 | 67 | | during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in 24 |
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| 68 | 68 | | order to enter a residential care and assisted living facility, as defined in § 23-17.4-2, a nursing 25 |
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| 69 | 69 | | facility, or a unit in a private or public housing complex designated by the federal government as 26 |
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| 70 | 70 | | housing for the elderly. The tenant may terminate the rental agreement by notice given in writing 27 |
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| 71 | 71 | | to the usual person to whom rental payments are made. The notice shall be accompanied by 28 |
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| 72 | 72 | | documentation of admission or pending admission to a facility or housing complex described in 29 |
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| 73 | 73 | | this section. Termination of the rental agreement shall be effective no earlier than forty-five (45) 30 |
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| 74 | 74 | | days after the first rental payment due date following delivery of written notice of termination. 31 |
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| 75 | 75 | | (f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a 32 |
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| 76 | 76 | | servicemember’s dependents may be unilaterally terminated if: 33 |
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| 77 | 77 | | (i) The lease is executed by or on behalf of a person who, thereafter, and during the term 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002347 - Page 3 of 6 |
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| 81 | 81 | | of the lease, enters military service; or 1 |
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| 82 | 82 | | (ii) The servicemember, while in military service, executes the lease and thereafter receives 2 |
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| 83 | 83 | | military orders for a change of permanent station or to deploy with a military unit, or as an 3 |
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| 84 | 84 | | individual in support of a military operation, for a period of not less than ninety (90) days; and 4 |
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| 85 | 85 | | (iii) The lessee delivers to the lessor (or the lessor’s grantee), or to the lessor’s agent (or 5 |
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| 86 | 86 | | the agent’s grantee), written notice of the termination, and a copy of the servicemember’s military 6 |
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| 87 | 87 | | orders. 7 |
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| 88 | 88 | | (2) Effective date of lease termination. In the event that a lease provides for monthly 8 |
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| 89 | 89 | | payment of rent, termination of the lease under this section is effective thirty (30) days after the 9 |
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| 90 | 90 | | first date on which the next rental payment is due and payable after the date on which the notice is 10 |
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| 91 | 91 | | delivered. 11 |
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| 92 | 92 | | (3) In the case of any other lease, termination of the lease is effective on the last day of the 12 |
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| 93 | 93 | | month following the month in which the notice is delivered. 13 |
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| 94 | 94 | | (4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the 14 |
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| 95 | 95 | | period preceding the effective date of the lease termination on a prorated basis. The lessor may not 15 |
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| 96 | 96 | | impose an early termination charge, but any taxes, summonses, or other obligations and liabilities 16 |
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| 97 | 97 | | of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee 17 |
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| 98 | 98 | | for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the 18 |
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| 99 | 99 | | lessee. 19 |
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| 100 | 100 | | (5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the 20 |
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| 101 | 101 | | effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the 21 |
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| 102 | 102 | | lessor’s assignee or the assignee’s agent) within thirty (30) days of the effective date of the 22 |
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| 103 | 103 | | termination of the lease. 23 |
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| 104 | 104 | | (6) A lessee’s termination of a lease pursuant to this section shall terminate any obligation 24 |
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| 105 | 105 | | a dependent of the lessee may have under the lease. 25 |
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| 106 | 106 | | (g) Prior to the expiration of a lease, and upon a written agreement between a landlord and 26 |
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| 107 | 107 | | tenant to renew a lease, the default renewal period shall be year-to-year. The tenant shall retain the 27 |
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| 108 | 108 | | exclusive option to waive this default year-to-year term in favor of a differing renewal term agreed 28 |
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| 109 | 109 | | to by both the tenant and the landlord. Upon renewal of a lease, a landlord may not raise rent more 29 |
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| 110 | 110 | | than four percent (4%) in a given year absent articulable evidence necessitating an increase of rent 30 |
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| 111 | 111 | | at a rate greater than four percent (4%) in a given year. 31 |
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| 112 | 112 | | SECTION 3. Section 45-24.3-6 of the General Laws in Chapter 45-24.3 entitled "Housing 32 |
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| 113 | 113 | | Maintenance and Occupancy Code" is hereby amended to read as follows: 33 |
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| 114 | 114 | | 45-24.3-6. Responsibilities of owners and occupants. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002347 - Page 4 of 6 |
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| 118 | 118 | | (a) No owner or operator or other person shall occupy, or let to another person, any vacant 1 |
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| 119 | 119 | | dwelling, dwelling unit, or structure unless it and the premises are clean, sanitary, fit for human 2 |
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| 120 | 120 | | occupancy, and comply with this chapter and all applicable legal requirements of the state and the 3 |
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| 121 | 121 | | corporate unit. 4 |
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| 122 | 122 | | (b) Every owner of a multiple dwelling is responsible for maintaining, in a clean and 5 |
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| 123 | 123 | | sanitary condition, the shared or public areas of the dwelling and premises. Occupants of two (2) 6 |
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| 124 | 124 | | and three (3) family dwellings shall share the maintenance of clean and sanitary conditions within 7 |
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| 125 | 125 | | the shared or public areas of the dwelling and premises. 8 |
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| 126 | 126 | | (c) Every occupant of a dwelling, dwelling unit, or structure shall maintain in a clean 9 |
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| 127 | 127 | | sanitary condition that part or those parts of the dwelling, dwelling unit, or structure and premises 10 |
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| 128 | 128 | | that the occupant occupies and controls. 11 |
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| 129 | 129 | | (d) Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her 12 |
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| 130 | 130 | | rubbish in a clean, sanitary, and safe manner. 13 |
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| 131 | 131 | | (e) Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her 14 |
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| 132 | 132 | | garbage and any other organic waste which might provide food for insects and/or rodents in a clean, 15 |
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| 133 | 133 | | sanitary, and safe manner, and if a container is used for storage pending collection it shall be rodent 16 |
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| 134 | 134 | | proof, insect proof, and watertight. 17 |
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| 135 | 135 | | (f) Every owner or operator of a dwelling containing four (4) or more dwelling units shall 18 |
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| 136 | 136 | | supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and 19 |
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| 137 | 137 | | garbage. In the case of single, two (2) or three (3) family dwellings and structures it is the 20 |
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| 138 | 138 | | responsibility of the occupant to furnish those facilities or refuse containers. 21 |
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| 139 | 139 | | (g) The owner of a dwelling, dwelling unit, or structure is responsible for providing and 22 |
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| 140 | 140 | | hanging all screens and double or storm doors and windows where used for ventilation whenever 23 |
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| 141 | 141 | | they are required under the provisions of this chapter or any rule or regulation adopted pursuant to 24 |
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| 142 | 142 | | this chapter, except where there is a written agreement between the owner and occupant. In the 25 |
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| 143 | 143 | | absence of an agreement, maintenance or replacement of screens, and storm doors and windows, 26 |
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| 144 | 144 | | once installed in any one season, become the responsibility of the occupant. 27 |
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| 145 | 145 | | (h) The owner of a dwelling or dwelling unit is responsible for the providing and hanging 28 |
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| 146 | 146 | | of shades or other devices on every window of every room used for sleeping and for every room 29 |
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| 147 | 147 | | equipped with a flush water closet or bathtub, affording privacy to persons within those rooms. 30 |
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| 148 | 148 | | Once installed in any one rental by the owner, replacements become the responsibility of the 31 |
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| 149 | 149 | | occupant. 32 |
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| 150 | 150 | | (i) Every occupant of a dwelling containing a single dwelling unit and every occupant of a 33 |
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| 151 | 151 | | structure is responsible for the extermination of any insects, rodents, or other pests therein or on 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002347 - Page 5 of 6 |
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| 155 | 155 | | the premises. Every occupant of a dwelling unit, in a dwelling containing more than one dwelling 1 |
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| 156 | 156 | | unit, is responsible for this extermination whenever his or her dwelling is the only one infected. 2 |
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| 157 | 157 | | Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by a 3 |
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| 158 | 158 | | failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, 4 |
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| 159 | 159 | | extermination is the responsibility of the owner. Whenever infestation exists in two (2) or more of 5 |
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| 160 | 160 | | the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two 6 |
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| 161 | 161 | | (2) or more dwelling units, extermination is the responsibility of the owner. 7 |
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| 162 | 162 | | (j) Every occupant of a dwelling unit or structure shall keep all supplied plumbing fixtures 8 |
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| 163 | 163 | | and facilities in a clean and sanitary condition, and is responsible for the exercise of reasonable 9 |
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| 164 | 164 | | care in their proper use and operation. 10 |
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| 165 | 165 | | (k) No owner or occupant of a dwelling, dwelling unit, or structure shall accumulate or 11 |
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| 166 | 166 | | permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in a manner 12 |
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| 167 | 167 | | that may provide a rodent harborage in or about any dwelling, dwelling unit, or structure. Stored 13 |
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| 168 | 168 | | materials shall be stacked neatly in piles elevated at least eighteen inches (18") above the ground 14 |
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| 169 | 169 | | or floor. The provisions of this subsection do not apply to firewood or kindling wood stored in or 15 |
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| 170 | 170 | | about any dwelling, dwelling unit, or structure by the owner or occupant of that property; provided, 16 |
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| 171 | 171 | | that the wood is stored for use within the dwelling, dwelling unit or structure, unless prohibited by 17 |
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| 172 | 172 | | town or city ordinance. 18 |
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| 173 | 173 | | (l) Every owner of a multiple dwelling is responsible for the mitigation of insect 19 |
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| 174 | 174 | | infestations including, but not limited to, bed bugs, ants, cockroaches, termites, fleas, and flies. The 20 |
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| 175 | 175 | | owner shall be required to obtain an inspection of the infestation not more than ninety-six (96) 21 |
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| 176 | 176 | | hours after receiving notice from the occupant. The owner shall be required to communicate to the 22 |
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| 177 | 177 | | occupant the results of the inspection within two (2) business days of the inspection. The owner 23 |
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| 178 | 178 | | shall be required to commence mitigation efforts within five (5) business days of receiving notice 24 |
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| 179 | 179 | | from an inspector of the presence of an infestation. 25 |
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| 180 | 180 | | SECTION 4. This act shall take effect upon passage. 26 |
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| 181 | 181 | | ======== |
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| 182 | 182 | | LC002347 |
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| 183 | 183 | | ======== |
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| 184 | 184 | | |
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| 185 | 185 | | |
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| 186 | 186 | | LC002347 - Page 6 of 6 |
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| 187 | 187 | | EXPLANATION |
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| 188 | 188 | | BY THE LEGISLATIVE COUNCIL |
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| 189 | 189 | | OF |
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| 190 | 190 | | A N A C T |
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| 191 | 191 | | RELATING TO PROPERTY – RESIDENTIAL LANDLORD AND TENANT ACT |
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| 192 | 192 | | *** |
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| 193 | 193 | | This act would create a tenants’ bill of rights wherein a tenant would be provided a right to 1 |
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| 194 | 194 | | counsel, a right of habitability, the right to freely and peacefully come together to organize for their 2 |
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| 195 | 195 | | rights, right of first refusal to purchase the real property they reside within if put on the market for 3 |
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| 196 | 196 | | sale, and the right to be free from eviction without good cause. Tenants would also be provided a 4 |
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| 197 | 197 | | default renewal period of year to year upon the renewal of any lease, and the landlord would be 5 |
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| 198 | 198 | | prohibited from increasing the rent by more than four percent (4%) annually absent articulable 6 |
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| 199 | 199 | | evidence necessitating an increase of rent at a rate greater than four percent (4%). Landlords would 7 |
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| 200 | 200 | | further be responsible for the mitigation of insect infestations of a multiple family dwelling. 8 |
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| 201 | 201 | | This act would take effect upon passage. 9 |
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| 202 | 202 | | ======== |
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| 203 | 203 | | LC002347 |
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