Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0312 Compare Versions

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

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5	5	2023 -- S 0312
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7	7	LC001015
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
16	16	Introduced By: Senators McKenney, Britto, Burke, LaMountain, and Kallman
17	17	Date Introduced: February 16, 2023
18	18	Referred To: Senate Housing & Municipal Government
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant 1
23	23	Act" is hereby amended by adding thereto the following section: 2
24	24	34-18-58. Rental application fees. 3
25	25	A landlord may not charge a rental application fee in an amount in excess of ten percent 4
26	26	(10%) of one month’s periodic rent. 5
27	27	SECTION 2. Section 34-18-11 of the General Laws in Chapter 34-18 entitled "Residential 6
28	28	Landlord and Tenant Act" is hereby amended to read as follows: 7
29	29	34-18-11. Definitions. 8
30	30	Subject to additional definitions contained in subsequent sections of this chapter which 9
31	31	apply to specific sections thereof, and unless the context otherwise requires, in this chapter: 10
32	32	(1) “Abandonment” means the tenant has vacated the premises without notice to the 11
33	33	landlord and has no intention of returning, as evidenced by nonpayment of rent for more than fifteen 12
34	34	(15) days and removal of substantially all possessions from the premises; 13
35	35	(2) “Action” includes recoupment, counterclaim, set-off, suit in equity, and any other 14
36	36	proceeding in which rights are determined, including an action for possession; 15
37	37	(3) “Building and housing codes” include any law, ordinance, or governmental regulation 16
38	38	concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or 17
39	39	appearance of any premises of dwelling unit; 18
40	40	(4) “Dwelling unit” means a structure or part of a structure that is designed or intended to 19
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44	44	be used as a home, residence, or sleeping place by one or more persons; 1
45	45	(5) “Fair rental value” means rent which is of comparable value with that of other rental 2
46	46	properties of similar size and condition within the contiguous neighborhood; 3
47	47	(6) “Good faith” means honesty in fact in the conduct of the transaction concerned; 4
48	48	(7) “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the building 5
49	49	of which it is a part, and it also means a manager of the premises who fails to disclose as required 6
50	50	by § 34-18-20; 7
51	51	(8) “Ordinary wear and tear” means deterioration of the premises which is the result of the 8
52	52	tenant’s normal nonabusive living and includes, but is not limited to, deterioration caused by the 9
53	53	landlord’s failure to prepare for expected conditions or by the landlord’s failure to comply with his 10
54	54	or her obligations; 11
55	55	(9) “Organization” includes a corporation, government, governmental subdivision or 12
56	56	agency, business trust, estate, trust, partnership of association, two (2) or more persons having a 13
57	57	joint or common interest, and any other legal or commercial entity; 14
58	58	(10) “Owner” shall mean any person who, alone or jointly or severally with others: 15
59	59	(i) Has legal title or tax title (pursuant to §§ 44-9-40 — 44-9-46, inclusive, of the general 16
60	60	laws) to any dwelling, dwelling unit or structure with or without accompanying actual possession 17
61	61	thereof; or 18
62	62	(ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or 19
63	63	agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. 20
64	64	Any person representing the actual owner in this way shall be bound to comply with the provisions 21
65	65	of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he or 22
66	66	she were the owner. 23
67	67	(11) “Person” includes an individual or organization; 24
68	68	(12) “Premises” means a dwelling unit and the structure of which it is a part and facilities 25
69	69	and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally, 26
70	70	or the use of which is promised to the tenant; 27
71	71	(13) “Rent” means the payment or consideration that a tenant pays to a landlord for the use 28
72	72	of the premises, whether money, services, property, or produce of the land; 29
73	73	(14) “Rental agreement” means all agreements, written or oral, and valid rules and 30
74	74	regulations adopted under § 34-18-25 embodying the terms and conditions concerning the use and 31
75	75	occupancy of a dwelling unit and premises, and also includes any terms required by law; 32
76	76	(15) “Rental application fee” means fees that are collected by landlords to process a rental 33
77	77	application. 34
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81	81	(16) “Roomer” means a tenant occupying a dwelling unit which consists of any room or 1
82	82	group of rooms forming a single habitable unit used or intended to be used for living and sleeping, 2
83	83	but not for cooking or eating purposes; 3
84	84	(16)(17) “Security deposit” means a sum of money given by a tenant to a landlord at the 4
85	85	outset of the tenancy or shortly thereafter, as a deposit against physical damages to the tenant’s 5
86	86	dwelling unit during said tenancy; 6
87	87	(17)(18) “Tenant” means a person entitled under a rental agreement to occupy a dwelling 7
88	88	unit to the exclusion of others; 8
89	89	(18)(19) “Transitional housing facility” means a facility which, for a period not to exceed 9
90	90	two (2) years, provides its residents with appropriate social services for the purpose of fostering 10
91	91	independence, self sufficiency, and eventual transition to a permanent living arrangement; 11
92	92	(19)(20) “Willful” means that the act was performed intentionally, knowingly and 12
93	93	purposely, not accidentally or inadvertently and without justifiable excuse. 13
94	94	SECTION 3. This act shall take effect upon passage. 14
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101	101	EXPLANATION
102	102	BY THE LEGISLATIVE COUNCIL
103	103	OF
104	104	A N A C T
105	105	RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
106	106	***
107	107	This act would prohibit a landlord from charging a rental application fee in excess of ten 1
108	108	percent (10%) of one month’s periodic rent. 2
109	109	This act would take effect upon passage. 3
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