| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- S 0135 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000329 |
|---|
| 8 | 8 | | ======== |
|---|
| 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 |
|---|
| 16 | 16 | | Introduced By: Senators Kallman, Euer, Mack, Lawson, Acosta, Lauria, Quezada, |
|---|
| 17 | 17 | | McKenney, and Burke |
|---|
| 18 | 18 | | Date Introduced: February 01, 2023 |
|---|
| 19 | 19 | | Referred To: Senate Judiciary |
|---|
| 20 | 20 | | |
|---|
| 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 18.3 3 |
|---|
| 26 | 26 | | FAIR CHANCE IN HOUSING ACT 4 |
|---|
| 27 | 27 | | 34-18.3-1. Short title. 5 |
|---|
| 28 | 28 | | This chapter shall be known and may be cited as the “Fair Chance in Housing Act”. 6 |
|---|
| 29 | 29 | | 34-18.3-2. Definitions. 7 |
|---|
| 30 | 30 | | For purposes of 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 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC000329 - 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 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 | | 34-18.3-3. 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 § 34-18.3-4. 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 § 34-18.3-4. 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 includes 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 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC000329 - 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 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 Rhode Island Commission for Human Rights pursuant to § 34-29 |
|---|
| 111 | 111 | | 18.3-5. 30 |
|---|
| 112 | 112 | | (2) The applicant may request, within twenty (20) days after the housing provider's notice 31 |
|---|
| 113 | 113 | | of the withdrawal, that the housing provider afford the applicant a copy of all information that the 32 |
|---|
| 114 | 114 | | housing provider relied upon in considering the applicant, including criminal records. A housing 33 |
|---|
| 115 | 115 | | provider shall provide the information requested free of charge, within ten (10) days after receipt 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC000329 - Page 4 of 7 |
|---|
| 119 | 119 | | of a timely request. 1 |
|---|
| 120 | 120 | | (g) Nothing set forth in this chapter shall be construed to prohibit a housing provider from 2 |
|---|
| 121 | 121 | | requiring an applicant to complete a housing application that includes any inquiries regarding an 3 |
|---|
| 122 | 122 | | applicant's criminal record after the conditional offer is provided or from making any oral or written 4 |
|---|
| 123 | 123 | | inquiries regarding an applicant's criminal record after the conditional offer is provided. 5 |
|---|
| 124 | 124 | | (h) Unless otherwise permitted or required by law, a housing provider shall not knowingly 6 |
|---|
| 125 | 125 | | or purposefully publish, or cause to be published, any housing advertisement that explicitly 7 |
|---|
| 126 | 126 | | provides that the housing provider will not consider any applicant who has been arrested or 8 |
|---|
| 127 | 127 | | convicted of one or more crimes or offenses. 9 |
|---|
| 128 | 128 | | 34-18.3-4. Applicability. 10 |
|---|
| 129 | 129 | | This chapter shall not apply: 11 |
|---|
| 130 | 130 | | (1) If, and only to the extent, a federal law or regulation requires the housing provider to 12 |
|---|
| 131 | 131 | | consider an applicant's criminal records for residential leasing purposes; or 13 |
|---|
| 132 | 132 | | (2) If a federal law or regulation otherwise allows for the denial of an applicant due to 14 |
|---|
| 133 | 133 | | certain criminal convictions. 15 |
|---|
| 134 | 134 | | 34-18.3-5. Civil liability. 16 |
|---|
| 135 | 135 | | (a) A person claiming to be aggrieved pursuant to § 34-18.3-3 may file a complaint with 17 |
|---|
| 136 | 136 | | the Rhode Island commission for human rights pursuant to chapter 37 of title 34. 18 |
|---|
| 137 | 137 | | (b) Any housing provider who violates this chapter shall be liable for a civil penalty in an 19 |
|---|
| 138 | 138 | | amount not to exceed one thousand dollars ($1,000) for the first violation, five thousand dollars 20 |
|---|
| 139 | 139 | | ($5,000) for the second violation, and ten thousand dollars ($10,000) for each subsequent violation 21 |
|---|
| 140 | 140 | | collectible by the attorney general. 22 |
|---|
| 141 | 141 | | (c) The Rhode Island commission for human rights is empowered and directed to prevent 23 |
|---|
| 142 | 142 | | any person from violating any of the provisions of § 34-18.3-3; provided that, before instituting a 24 |
|---|
| 143 | 143 | | formal hearing it shall attempt by informal methods of conference, persuasion, and conciliation, to 25 |
|---|
| 144 | 144 | | induce compliance with those sections. Upon the commission's own initiative or whenever an 26 |
|---|
| 145 | 145 | | aggrieved individual or an organization chartered for the purpose of combating discrimination or 27 |
|---|
| 146 | 146 | | of safeguarding civil liberties or rights of persons, the individual or organization being hereinafter 28 |
|---|
| 147 | 147 | | referred to as the "complainant", makes a charge to the commission that any person, agency, bureau, 29 |
|---|
| 148 | 148 | | corporation or association, hereinafter referred to as the "respondent", has violated or is violating 30 |
|---|
| 149 | 149 | | any of the provisions of § 34-18.3-3, the commission may proceed in the same manner and with 31 |
|---|
| 150 | 150 | | the same powers as provided in §§ 34-37-5 and 34-37-6. 32 |
|---|
| 151 | 151 | | 34-18.3-6. Discriminatory advertising prohibited. 33 |
|---|
| 152 | 152 | | (a) A housing provider shall not knowingly or purposefully publish, or cause to be 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC000329 - Page 5 of 7 |
|---|
| 156 | 156 | | published, any housing advertisement that explicitly provides that the housing provider will not 1 |
|---|
| 157 | 157 | | consider any applicant who has been arrested or convicted of one or more crimes or offenses, except 2 |
|---|
| 158 | 158 | | for that criminal activity as provided for in § 34-18.3-4. 3 |
|---|
| 159 | 159 | | (b) A housing provider shall not print, publish, circulate, issue, display, post, or mail, or 4 |
|---|
| 160 | 160 | | cause to be printed, published, circulated, issued, displayed, posted or mailed any statement, 5 |
|---|
| 161 | 161 | | advertisement, publication or sign, or use any form of application for the rental, lease, or sublease 6 |
|---|
| 162 | 162 | | of any real property or part or portion thereof or make any record or inquiry in connection with the 7 |
|---|
| 163 | 163 | | prospective rental, lease, or sublease of any real property or part or portion thereof which expresses, 8 |
|---|
| 164 | 164 | | directly or indirectly, any unlawful limitation, specification or discrimination as to criminal record, 9 |
|---|
| 165 | 165 | | except as permitted by this chapter, and except for that criminal activity as provided for in § 34-10 |
|---|
| 166 | 166 | | 18.3-4. 11 |
|---|
| 167 | 167 | | (c) Unless otherwise required by law, a housing provider shall not: 12 |
|---|
| 168 | 168 | | (1) Distribute or disseminate an applicant's criminal record to any person who is not 13 |
|---|
| 169 | 169 | | expected to use the criminal record for the purpose of evaluating the applicant in a manner 14 |
|---|
| 170 | 170 | | consistent with this chapter; or 15 |
|---|
| 171 | 171 | | (2) Use an applicant's criminal record for a purpose that is not consistent with this chapter. 16 |
|---|
| 172 | 172 | | 34-18.3-7. Drug and alcohol testing prohibited. 17 |
|---|
| 173 | 173 | | Except as may be required under federal law or as a condition of occupancy for any 18 |
|---|
| 174 | 174 | | residential treatment facility, a housing provider shall not require an applicant to submit to a drug 19 |
|---|
| 175 | 175 | | or alcohol test, or request the applicant's consent to obtain information from a drug abuse treatment 20 |
|---|
| 176 | 176 | | facility. 21 |
|---|
| 177 | 177 | | 34-18.3-8. Unlawful acts by housing providers; retaliation prohibited. 22 |
|---|
| 178 | 178 | | It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the 23 |
|---|
| 179 | 179 | | exercise or enjoyment of, or on account of the person having exercised or enjoyed, or on account 24 |
|---|
| 180 | 180 | | of the person having aided or encouraged any other person in the exercise or enjoyment of, any 25 |
|---|
| 181 | 181 | | right granted or protected by this chapter. No housing provider under this chapter or any agent of 26 |
|---|
| 182 | 182 | | that individual shall discriminate in any manner against any person because the person has opposed 27 |
|---|
| 183 | 183 | | any practice forbidden by this chapter, or because the person has made a charge, testified, or 28 |
|---|
| 184 | 184 | | assisted in any manner in any investigation, proceeding, or hearing under this chapter. 29 |
|---|
| 185 | 185 | | 34-18.3-9. Consideration of rental applications – Credit history – Denial notice. 30 |
|---|
| 186 | 186 | | (a) If a landlord uses credit history as criteria in consideration of a rental application, the 31 |
|---|
| 187 | 187 | | landlord shall not consider any credit history beyond three (3) years immediately preceding the date 32 |
|---|
| 188 | 188 | | of the application. 33 |
|---|
| 189 | 189 | | (b) If a landlord denies a rental application based upon credit history, the landlord shall 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC000329 - Page 6 of 7 |
|---|
| 193 | 193 | | provide the prospective tenant a written notice of the denial that states the reason for denial. The 1 |
|---|
| 194 | 194 | | landlord shall make a good-faith effort to do so not more than twenty (20) calendar days after 2 |
|---|
| 195 | 195 | | making the decision to deny the prospective tenant's rental application. 3 |
|---|
| 196 | 196 | | SECTION 2. This act shall take effect upon passage. 4 |
|---|
| 197 | 197 | | ======== |
|---|
| 198 | 198 | | LC000329 |
|---|
| 199 | 199 | | ======== |
|---|
| 200 | 200 | | |
|---|
| 201 | 201 | | |
|---|
| 202 | 202 | | LC000329 - Page 7 of 7 |
|---|
| 203 | 203 | | EXPLANATION |
|---|
| 204 | 204 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 205 | 205 | | OF |
|---|
| 206 | 206 | | A N A C T |
|---|
| 207 | 207 | | RELATING TO PROPERTY |
|---|
| 208 | 208 | | *** |
|---|
| 209 | 209 | | This act would limit the use of certain criminal records and credit history reports in denying 1 |
|---|
| 210 | 210 | | housing to prospective applicants, and provides for fines for failure to comply. This act further 2 |
|---|
| 211 | 211 | | requires notices of denials to be sent to the prospective tenants. 3 |
|---|
| 212 | 212 | | This act would take effect upon passage. 4 |
|---|
| 213 | 213 | | ======== |
|---|
| 214 | 214 | | LC000329 |
|---|
| 215 | 215 | | ======== |
|---|
| 216 | 216 | | |
|---|