2023 -- S 0311 SUBSTITUTE A
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LC001658/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: Senators Murray, Mack, Miller, Euer, Sosnowski, Quezada, Acosta,
DiMario, Kallman, and Raptakis
Date Introduced: February 16, 2023
Referred To: Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant 1
Act" is hereby amended by adding thereto the following section: 2
34-18-58. Fair limitation on rental application fees -- Effective January 1, 2024. 3
(a) A landlord, lessor, sub-lessor, real estate broker, property management company, or 4
designee shall not be allowed to require or demand any prospective tenant to pay for a rental 5
application fee. 6
(b) Nothing in this section shall be construed to prohibit a landlord, lessor, sub-lessor, real 7
estate broker, property management company or designee from requiring an official state criminal 8
background check from the bureau of criminal identification (BCI), department of attorney general, 9
state police or local police department where the prospective tenant resides or from requiring a 10
credit check subject to the following limitations: 11
(1) If a prospective tenant provides a required official state criminal background check or 12
credit report issued within ninety (90) days of the application for a rental unit, no fee for such 13
official state criminal background check and/or credit report may be charged by the respective 14
landlord, lessor, sub-lessor, real estate broker, property management company or designee; 15
(2) If a prospective tenant does not provide a required official state background check 16
and/or credit report issued within ninety (90) days of the application for a rental unit, then the 17
landlord, lessor, sub-lessor, real estate broker, property management company or designee may 18
charge the prospective tenant a fee representing not more than the actual cost of obtaining the 19
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official state background check and/or credit report. Provided further, any prospective tenant who 1
is charged a fee under this subsection for a background check or credit report shall be provided 2
with a copy of the background check or credit report; and 3
(3) Nothing in this section shall be construed to prohibit the landlord, lessor, sub-lessor, 4
real estate broker, property management company or designee from obtaining an independent 5
background check or credit report at the landlord's own expense. 6
SECTION 2. This act shall take effect on January 1, 2024. 7
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LC001658/SUB A - Page 3 of 3
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 prohibit the requirement that a fee be paid for a rental application for real 1
property. 2
This act would take effect on January 1, 2024. 3
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