Rhode Island 2023 Regular Session

Rhode Island House Bill H6239 Latest Draft

Bill / Comm Sub Version Filed 06/06/2023

                             
 
 
 
2023 -- H 6239 SUBSTITUTE A 
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LC002584/SUB A 
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S TATE  OF RHODE IS LAND 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2023 
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A N   A C T 
RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT 
Introduced By: Representatives Ackerman, Craven, McNamara, Knight, Edwards, 
Shanley, and Kislak 
Date Introduced: March 30, 2023 
Referred To: House Judiciary 
(Attorney General) 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Chapter 34-18-58 of the General Laws in Chapter 34-18 entitled "Residential 1 
Landlord and Tenant Act" is hereby amended by adding thereto the following section: 2 
34-18-58. Statewide mandatory rental registry. 3 
(a) All landlords shall register the following information with the department of health:  4 
(i) Names of individual landlords or any business entity responsible for leasing to a tenant 5 
under this chapter; 6 
(ii) An active business address, PO box, or home address;  7 
(iii) An active email address;  8 
(iv) An active telephone number that would reasonably facilitate communications with the 9 
tenant of each dwelling unit;  10 
(v) Any property manager, management company, or agent for service of the property, 11 
along with the business address, PO box, or home address of the property manager, management 12 
company or agent and including; 13 
(A) An active email address; and,  14 
(B) An active telephone number, for each such person or legal entity, if applicable, for each 15 
dwelling unit; and  16 
(vi) Information necessary to identify each dwelling unit. 17 
(b) All landlords who lease a residential property constructed prior to 1978 and that is not 18 
exempt from the requirements of chapter 128.1 title 42, ("lead hazard mitigation"), shall, in addition 19   
 
 
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to the requirements of subsection (a) of this section, for each dwelling unit, provide the department 1 
of health with a valid certificate of conformance in accordance with chapter 128.1 of title 42 ("lead 2 
hazard mitigation") and regulations derived therefrom, or evidence sufficient to demonstrate that 3 
they are exempt from the requirement to obtain a certificate of conformance. 4 
(c) Contingent upon available funding, the department of health, or designee, shall create 5 
a publicly accessible online database containing the information obtained in accordance with 6 
subsections (a) and (b) of this section, no later than nine (9) months following the effective date of 7 
this section. 8 
(d) All landlords subject to the requirements of subsections (a) and (b) of this section as of 9 
September 1, 2024, shall register the information required by those subsections no later than 10 
October 1, 2024. 11 
A landlord who acquires a rental property, or begins leasing a rental property to a new 12 
tenant, after September 1, 2024, shall register the information required by subsections (a) and (b) 13 
of this section within thirty (30) days after the acquisition or lease to a tenant, whichever date is 14 
earlier. All landlords subject to the requirements of subsections (a) and (b) of this section shall, 15 
following initial registration, re-register by October 1 of each year in order to update any 16 
information required to comply with subsections (a) and (b) of this section, or to confirm that the 17 
information already supplied remains accurate. 18 
(e) Any person or entity subject to subsections (a) and (b) of this section who fails to 19 
comply with the registration provision in subsection (d) of this section, shall be subject to a civil 20 
fine of at least fifty dollars ($50.00) per month for failure to register the information required by 21 
subsection (a) of this section, or at least one-hundred and twenty-five dollars ($125) per month, for 22 
failure to register the information required by subsection (b) of this section. 23 
(f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to 24 
the department of health. There is to be established a restricted receipt account to be known as the 25 
"rental registry account" which shall be a separate account within the department of health. 26 
Penalties received by the department pursuant to the terms of this section shall be deposited into 27 
the account. Monies deposited in the account shall be transferred to the department of health and 28 
shall be expended for the purpose of administering the provisions of this section or lead hazard 29 
mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under 30 
this section prior to October 1, 2024. 31 
(g) Notwithstanding the provisions of ยง 34-18-35, a landlord or any agent of a landlord 32 
may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction, 33 
unless, at the time the action is commenced, the landlord is in compliance with the requirements of 34   
 
 
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subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of 1 
compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict 2 
for nonpayment of rent in order to proceed with the civil action. 3 
(h) The department of health may commence an action for injunctive relief and additional 4 
civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails 5 
to comply with subsection (a) of this section. The attorney general may commence an action for 6 
injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation 7 
against any landlord who repeatedly fails to comply with subsection (b) of this section. Any 8 
penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard 9 
mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering 10 
the provisions of this section. No penalties shall be levied under this section prior to October 1, 11 
2024. 12 
SECTION 2. This act shall take effect upon passage. 13 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO PROPERTY - RESIDENTIAL LANDLORD AND TENANT ACT 
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This act would require landlords to register certain identifying information on a statewide 1 
registry and for pre-1978 properties, provide a valid certificate of conformance with the lead hazard 2 
mitigation act. For landlords who do not comply, this act establishes civil penalties and prevents 3 
the landlord from suing a tenant for non-payment of rent. 4 
This act would take effect upon passage. 5 
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