2025 -- H 5103
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT
Introduced By: Representatives J. Lombardi, Hull, Ajello, Potter, Stewart, and Felix
Date Introduced: January 22, 2025
Referred To: House Municipal Government & Housing
It is enacted by the General Assembly as follows:
SECTION 1. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode Island 1
Fair Housing Practices Act" is hereby amended to read as follows: 2
34-37-4. Unlawful housing practices. 3
(a) No owner having the right to sell, rent, lease, or manage a housing accommodation as 4
defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be 5
made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, 6
gender identity or expression, marital status, lawful source of income, military status as a veteran 7
with an honorable discharge or an honorable or general administrative discharge, servicemember 8
in the armed forces, country of ancestral origin, or disability, age, familial status, whether the 9
applicant for housing has been incarcerated, nor make any written or oral inquiry concerning 10
whether a tenant or applicant or a member of the household is, or has been, or is threatened with 11
being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is 12
seeking relief from any court in the form of a restraining order for protection from domestic abuse, 13
of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or 14
indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the 15
housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity 16
or expression, marital status, lawful source of income, military status as a veteran with an honorable 17
discharge or an honorable or general administrative discharge, servicemember in the armed forces, 18
country of ancestral origin, disability, age, or familial status or the prior incarceration of the 19
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individual or the race, color, religion, sex, sexual orientation, gender identity or expression, marital 1
status, lawful source of income, military status as a veteran with an honorable discharge or an 2
honorable or general administrative discharge, servicemember in the armed forces, country of 3
ancestral origin or disability, age, or familial status of any person with whom the individual is or 4
may wish to be associated; or shall, or on the basis that a tenant or applicant, or a member of the 5
household, is or has been, or is threatened with being, the victim of domestic abuse, or that the 6
tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a 7
restraining order for protection from domestic abuse. Nor shall an owner having the right to sell, 8
rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of 9
these, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the 10
housing accommodation that indicates any preference, limitation, specification, or discrimination 11
based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital 12
status, lawful source of income, military status as a veteran with an honorable discharge or an 13
honorable or general administrative discharge, servicemember in the armed forces, country of 14
ancestral origin, disability, age, familial status, incarceration status or on the basis that a tenant or 15
applicant or a member of the household is, or has been, or is threatened with being the victim of 16
domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any 17
court in the form of a restraining order for protection from domestic abuse, or shall, directly or 18
indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual 19
orientation, gender identity or expression, marital status, lawful source of income, military status 20
as a veteran with an honorable discharge or an honorable or general administrative discharge, 21
servicemember in the armed forces, country of ancestral origin, disability, age, familial status, 22
incarceration status or on the basis that a tenant or applicant or a member of the household is, or 23
has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant 24
has obtained, or sought, or is seeking relief from any court in the form of a restraining order for 25
protection from domestic abuse, in the terms, conditions, or privileges of the sale, rental, or lease 26
of any housing accommodation or in the furnishing of facilities or services in connection with it. 27
Nor shall an owner having the right to sell, rent, lease, or manage a housing accommodation as 28
defined in § 34-37-3, or an agent of any of these, directly or indirectly, misrepresent the availability 29
of a housing accommodation or delay the processing of applications relating to the sale, rental, or 30
lease of the housing accommodation based upon an individual’s race, color, religion, sex, sexual 31
orientation, gender identity or expression, marital status, lawful source of income, military status 32
as a veteran with an honorable discharge or an honorable or general administrative discharge, 33
servicemember in the armed forces, country of ancestral origin, disability, age, familial status, prior 34
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incarceration or on the basis that a tenant or applicant or a member of the household is, or has been, 1
or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, 2
or sought, or is seeking relief from any court in the form of a restraining order for protection from 3
domestic abuse. Nor shall any owner or agent inquire directly or indirectly, to include, but not 4
limited to, by way of a rental application, regarding the former address of residence of the applicant. 5
Nothing in this section shall be construed to prohibit any oral or written inquiry as to 6
whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the 7
source, amount, and expected duration of the lawful source of income of the prospective purchaser 8
or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory 9
standards and preferences or terms, conditions, limitations, or specifications permitted under 10
subsection (c) of this section. 11
(b) No person to whom application is made for a loan or other form of financial assistance 12
for the acquisition, construction, rehabilitation, repair, or maintenance of any housing 13
accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be 14
made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender 15
identity or expression, marital status, military status as a veteran with an honorable discharge or an 16
honorable or general administrative discharge, servicemember in the armed forces, country of 17
ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether 18
a tenant or applicant or a member of the household is, or has been, or is threatened with being the 19
victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking 20
relief from any court in the form of a restraining order for protection from domestic abuse, of any 21
individual seeking the financial assistance, or of existing or prospective occupants or tenants of the 22
housing accommodation; nor shall any person to whom the application is made in the manner 23
provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the 24
obtaining or use of any financial assistance against any applicant because of the race, color, religion, 25
sex, sexual orientation, gender identity or expression, marital status, military status as a veteran 26
with an honorable discharge or an honorable or general administrative discharge, servicemember 27
in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that 28
a tenant or applicant or a member of the household is, or has been, or is threatened with being the 29
victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief 30
from any court in the form of a restraining order for protection from domestic abuse, of the applicant 31
or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed 32
to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18). 33
(c) Nothing contained in this section shall be construed in any manner to prohibit or limit 34
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the exercise of the privilege of every person and the agent of any person having the right to sell, 1
rent, lease, or manage a housing accommodation to establish standards and preferences and set 2
terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or 3
in the furnishing of facilities or services in connection therewith that do not discriminate on the 4
basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital 5
status, lawful source of income, military status as a veteran with an honorable discharge or an 6
honorable or general administrative discharge, servicemember in the armed forces, country of 7
ancestral origin, disability, age, familial status, prior incarceration or on the basis that a tenant or 8
applicant or a member of the household is, or has been, or is threatened with being the victim of 9
domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any 10
court in the form of a restraining order for protection from domestic abuse, of any prospective 11
purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, 12
gender identity or expression, marital status, lawful source of income, military status as a veteran 13
with an honorable discharge or an honorable or general administrative discharge, servicemember 14
in the armed forces, country of ancestral origin, disability, age, or familial status or prior 15
incarceration of any person with whom the prospective purchaser, lessee, tenant, or occupant is or 16
may wish to be associated. Nothing contained in this section shall be construed in any manner to 17
prohibit or limit the exercise of the privilege of every person and the agent of any person making 18
loans for, or offering financial assistance in, the acquisition, construction, rehabilitation, repair, or 19
maintenance of housing accommodations to set standards and preferences, terms, conditions, 20
limitations, or specifications for the granting of loans or financial assistance that do not discriminate 21
on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, 22
marital status, military status as a veteran with an honorable discharge or an honorable or general 23
administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 24
age, familial status, prior incarceration or on the basis that a tenant or applicant or a member of the 25
household is, or has been, or is threatened with being the victim of domestic abuse, or that the 26
tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a 27
restraining order for protection from domestic abuse, of the applicant for the loan or financial 28
assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing 29
accommodation. If a landlord requires that a prospective or current tenant have a certain minimum 30
level of income, the standard for assessing eligibility shall be based only on the portion of the rent 31
to be paid by the tenant, taking into account the value of any federal, state, or local rental assistance 32
or housing subsidy. 33
(d) An owner may not refuse to allow a person with a disability to make, at his or her 34
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expense, reasonable modifications of existing premises occupied or to be occupied by the person if 1
the modifications may be necessary to afford the person full enjoyment of the premises, except that, 2
in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a 3
modification on the renter agreeing to restore the interior of the premises to the condition that 4
existed before the modification, reasonable wear and tear excepted. Where it is necessary in order 5
to ensure with reasonable certainty that funds will be available to pay for the restorations at the end 6
of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring 7
that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable 8
amount of money not to exceed the cost of the restorations. The interest in the account shall accrue 9
to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will 10
be subject to § 34-18-19(b) through (f) inclusive. 11
(e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, 12
practices, or services when those accommodations may be necessary to afford an occupant with a 13
disability equal opportunity to use and enjoy a dwelling. 14
(2) Every person with a disability who has a guide dog or other personal assistive animal, 15
or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal 16
access to all housing accommodations provided for in this section and shall not be required to pay 17
extra compensation for the guide dog or other personal assistive animal but shall be liable for any 18
damage done to the premises by a guide dog or other personal assistive animal. For the purposes 19
of this subsection, a “personal assistive animal” is an animal specifically trained by a certified 20
animal training program to assist a person with a disability to perform independent living tasks. 21
(f) Any housing accommodation of four (4) units or more constructed for first occupancy 22
after March 13, 1991, shall be designed and constructed in such a manner that: 23
(1) The public use and common use portions of the dwellings are readily accessible to and 24
usable by persons with disabilities; 25
(2) All the doors designed to allow passage into and within all premises within the 26
dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; 27
(3) All premises within the dwellings contain the following features of adaptive design: 28
(i) Accessible route into and through the dwelling; 29
(ii) Light switches, electrical outlets, thermostats, and other environmental controls in 30
accessible locations; 31
(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and 32
(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver 33
about the space. To the extent that any state or local building codes, statutes, or ordinances are 34
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inconsistent with this section, they are hereby repealed. The state building code standards 1
committee is hereby directed to adopt rules and regulations consistent with this section as soon as 2
possible, but no later than September 30, 1990. 3
(g) Compliance with the appropriate requirements of the state building code 14 4
“accessibility for individuals with disabilities for residential use groups” suffices to satisfy the 5
requirements of subsection (f). 6
(h) As used in subsection (f), the term “housing accommodation of four (4) units or more” 7
means: 8
(1) Buildings consisting of four (4) or more units if those buildings have one or more 9
elevators; and 10
(2) Ground floor units in other buildings consisting of four (4) or more units. 11
(i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that 12
requires a greater degree of accessibility to persons with disabilities. 13
(j) Nothing in this section requires that a dwelling be made available to an individual whose 14
tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy 15
would result in substantial physical damage to the property of others. 16
(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, 17
sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, 18
lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the 19
person selected. 20
(l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this 21
section to be an unlawful housing practice; or obstruct or prevent any person from complying with 22
the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to 23
commit any act declared by this section to be an unlawful housing practice. 24
(m) No owner; person defined in § 34-37-3(13); person to whom application is made for a 25
loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or 26
maintenance of any housing accommodation, whether secured or unsecured; no financial 27
organization governed by the provisions of title 19 or any other credit-granting commercial 28
institution; or respondent under this chapter; or any agent of these shall discriminate in any manner 29
against any individual because he or she has opposed any practice forbidden by this chapter, or 30
because he or she has made a charge, testified, or assisted in any manner in any investigation, 31
proceeding, or hearing under this chapter. 32
(n) Nothing in this section shall prevent a landlord from proceeding with eviction action 33
against a tenant who fails to comply with § 34-18-24(7). 34
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SECTION 2. This act shall take effect upon passage. 1
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT
***
This act would prohibit landlords from inquiring about an applicant’s prior incarceration 1
and from discriminating against those who have been released from prison. 2
This act would take effect upon passage. 3
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