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5 | 5 | | 2025 -- H 5264 |
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6 | 6 | | ======== |
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7 | 7 | | LC000903 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
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16 | 16 | | Introduced By: Representatives Potter, Cruz, Giraldo, Ajello, Batista, Stewart, Morales, |
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17 | 17 | | Diaz, and Handy |
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18 | 18 | | Date Introduced: January 31, 2025 |
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19 | 19 | | Referred To: House Judiciary |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | 1 |
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24 | 24 | | SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant 2 |
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25 | 25 | | Act" is hereby amended by adding thereto the following section: 3 |
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26 | 26 | | 34-18-62. Rent stabilization act. 4 |
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27 | 27 | | (a) During any private rental tenancy, the landlord shall not increase the rent: 5 |
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28 | 28 | | (1) During the first year after the tenancy begins; 6 |
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29 | 29 | | (2) At any time after the first year of the tenancy without giving the tenant written notice 7 |
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30 | 30 | | in accordance with § 34-18-16.1; and 8 |
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31 | 31 | | (3) Except as provided in subsections (b)(3) and (e) of this section, during any twelve (12) 9 |
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32 | 32 | | month period, in an amount greater than four percent (4%). 10 |
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33 | 33 | | (b) The written notice required under this section shall specify: 11 |
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34 | 34 | | (1) The amount of the rent increase; 12 |
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35 | 35 | | (2) The amount of the new rent; 13 |
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36 | 36 | | (3) Facts supporting the exemption, if the increase is more than the amount allowed in 14 |
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37 | 37 | | subsection (a)(3) of this section; and 15 |
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38 | 38 | | (4) The date on which the increase becomes effective. 16 |
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39 | 39 | | (c) A landlord terminating a tenancy with a thirty (30) day notice without cause as 17 |
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40 | 40 | | authorized by § 34-18-37, shall not reset the rent for the next tenancy in an amount greater than 18 |
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41 | 41 | | four percent (4%) above the previous rent. 19 |
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43 | 43 | | |
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44 | 44 | | LC000903 - Page 2 of 4 |
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45 | 45 | | (d) A landlord refusing to extend the tenancy at the request of the tenant, shall not reset the 1 |
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46 | 46 | | rent for the next tenancy in an amount greater than four percent (4%) above the previous rent. 2 |
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47 | 47 | | (e) A landlord is not subject to the provisions of this section when: 3 |
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48 | 48 | | (1) The tenant leaves on their own volition and the landlord rents to a new tenant; 4 |
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49 | 49 | | (2) The landlord is providing reduced rent to the tenant as part of a federal, state or local 5 |
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50 | 50 | | program or subsidy; or 6 |
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51 | 51 | | (3) The landlord is granted an exemption by the secretary of housing. A landlord may be 7 |
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52 | 52 | | granted an exemption if they are able to demonstrate through sufficient evidence that: 8 |
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53 | 53 | | (i) There has been necessary repairs and improvements made to the dwelling unit directly 9 |
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54 | 54 | | related to maintaining or improving the health and/or safety conditions of the unit and to ensure the 10 |
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55 | 55 | | unit is in compliance with § 34-18-22; or 11 |
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56 | 56 | | (ii) There has been an increase in the municipal taxes and/or insurance of the dwelling in 12 |
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57 | 57 | | an amount greater than four percent (4%) of the annual rent. 13 |
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58 | 58 | | (4) If the landlord is granted an exemption pursuant to subsection (e)(3)(ii) of this section, 14 |
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59 | 59 | | any increase of rent by the landlord shall not exceed the amount of the increase in the municipal 15 |
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60 | 60 | | taxes and/or insurance, divided by the number of dwelling units of the property. 16 |
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61 | 61 | | (f)(1) A landlord that increases rent in violation of this section or a landlord which 17 |
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62 | 62 | | wrongfully evicts a tenant shall be liable to the tenant in an amount equal to three (3) months’ rent 18 |
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63 | 63 | | in addition to actual damages sustained by the tenant as a result of the tenancy termination. 19 |
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64 | 64 | | (2) In addition to the remedies provided in subsections (f)(1) and (f)(3) of this section, if 20 |
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65 | 65 | | the tenant prevails after a hearing or trial on the merits, the tenant may be awarded attorneys' fees, 21 |
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66 | 66 | | if appropriate. 22 |
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67 | 67 | | (3) In addition to the remedies provided in subsections (f)(1) and (f)(2) of this section, if 23 |
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68 | 68 | | the landlord's conduct is shown to be motivated by malice or ill will, or when the landlord's actions 24 |
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69 | 69 | | are reckless or callous indifference to the requirements of this section, the court may award punitive 25 |
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70 | 70 | | damage. 26 |
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71 | 71 | | (g) A tenant is entitled to recovery under this section if the tenant commences an action 27 |
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72 | 72 | | asserting the claim within one year after the tenant knew or should have known the landlord 28 |
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73 | 73 | | terminated the tenancy in violation of this section. 29 |
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74 | 74 | | (h) This section does not create a right to increase rent that does not otherwise exist. 30 |
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75 | 75 | | (i) This section does not require a landlord to compromise, justify or reduce a rent increase 31 |
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76 | 76 | | that the landlord otherwise is entitled to impose. 32 |
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77 | 77 | | (j) The secretary of housing shall enforce the provisions of this section. 33 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000903 - Page 3 of 4 |
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81 | 81 | | SECTION 2. This act shall take effect upon passage. 1 |
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82 | 82 | | ======== |
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83 | 83 | | LC000903 |
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85 | 85 | | |
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86 | 86 | | |
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87 | 87 | | LC000903 - Page 4 of 4 |
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88 | 88 | | EXPLANATION |
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89 | 89 | | BY THE LEGISLATIVE COUNCIL |
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90 | 90 | | OF |
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91 | 91 | | A N A C T |
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92 | 92 | | RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
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93 | 93 | | *** |
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94 | 94 | | This act would limit rent increases to no more than four percent (4%) annually unless the 1 |
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95 | 95 | | landlord is granted an exemption by the secretary of housing, and would provide tenants with a 2 |
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96 | 96 | | civil action to recover damages, including an award of attorneys' fees and punitive damages, for 3 |
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97 | 97 | | any violations. 4 |
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98 | 98 | | This act would take effect upon passage. 5 |
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100 | 100 | | LC000903 |
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