Rhode Island 2025 Regular Session

Rhode Island House Bill H5921 Compare Versions

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

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5	5	2025 -- H 5921
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7	7	LC001975
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- HOUSING MAINTENANCE AND OCCU PANCY
16	16	CODE
17	17	Introduced By: Representatives Cruz, Morales, Potter, Kislak, Alzate, and Furtado
18	18	Date Introduced: February 28, 2025
19	19	Referred To: House Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 45-24.3-17 of the General Laws in Chapter 45-24.3 entitled "Housing 1
24	24	Maintenance and Occupancy Code" is hereby amended to read as follows: 2
25	25	45-24.3-17. Notice of violation. 3
26	26	(a) Whenever the enforcing officer determines that any dwelling, dwelling unit, rooming 4
27	27	unit, or structure, or the premises surrounding any of these, fails to meet the requirements 5
28	28	established in this chapter or in applicable rules and regulations issued pursuant to this chapter, he 6
29	29	or she shall issue a notice stating the alleged failures and advising the owner, occupant, operator, 7
30	30	or agent that the failures must be corrected. This notice shall: 8
31	31	(1) Be in writing; 9
32	32	(2) State the alleged violations of the chapter or of applicable rules and regulations issued 10
33	33	pursuant to it; 11
34	34	(3) Describe the dwelling, dwelling unit, rooming unit, or structure where the violations 12
35	35	are alleged to exist or to have been committed; 13
36	36	(4) Provide a reasonable time, not to exceed thirty (30) days, for the correction of any 14
37	37	alleged violation; and 15
38	38	(5) Be served upon the owner, occupant, operator, or agent of the dwelling, dwelling unit, 16
39	39	rooming unit, or structure personally, or by certified or registered mail, return receipt requested, 17
40	40	addressed to the last known place of residence of the owner, occupant, operator, or agent. 18
41	41
42	42
43	43	LC001975 - Page 2 of 5
44	44	(b) The owner of any dwelling, dwelling unit, rooming unit or structure who is a 1
45	45	nonresident of the state of Rhode Island shall have and continuously maintain with the city or town 2
46	46	clerk where the property is located a registered agent, which agent may be either an individual who 3
47	47	resides in this state or corporation authorized to do business in this state. The landlord’s designation 4
48	48	shall be in writing, shall include the name and address of the agent, and shall include the street 5
49	49	address of each property designated to the agent. The agent so appointed shall be the agent of the 6
50	50	owner upon whom any notice process or demand required or permitted by law to be served may be 7
51	51	served. Any person who fails to maintain a registered agent shall be subject to a fine of one hundred 8
52	52	dollars ($100). 9
53	53	(c) If one or more persons to whom the notice is addressed cannot be found after diligent 10
54	54	effort to do so, service may be made upon the person or persons by posting a notice in or about the 11
55	55	dwelling, dwelling unit, rooming unit, or structure described in the notice, or by causing the notice 12
56	56	to be published in a newspaper of general circulation, for a period of three (3) consecutive days. 13
57	57	(d) At the end of the period of time allowed for the correction of any alleged violation, the 14
58	58	enforcing officer shall reinspect the dwelling, dwelling unit, rooming unit, or structure described 15
59	59	in the notice. 16
60	60	(e)(1) If upon reinspection the alleged violations are determined by the enforcing officer 17
61	61	not to have been corrected, he or she shall issue a second notice of violation on which constitutes 18
62	62	an order requiring that the then existing failures to meet the requirements of this chapter, or of 19
63	63	applicable existing rules or regulations issued pursuant to it, shall be corrected within a reasonable 20
64	64	time allowed, but not to exceed thirty (30) days after the date of the reinspection, if the person 21
65	65	served with the notice does not petition for a hearing on the matter in the manner provided by this 22
66	66	chapter. 23
67	67	(2) Upon issuance of a second notice of violation by the enforcing officer, the tenant shall 24
68	68	pay all or part of the rent accrued and thereafter accruing, into an escrow bearing account, until the 25
69	69	alleged violations have been corrected. The amount shall be equal to the rent the tenant may be due 26
70	70	as an abatement of rent for the owner’s failure to correct the alleged violations in a timely manner. 27
71	71	(f) The enforcing officer shall cause a copy of the second notice to be posted in a 28
72	72	conspicuous place in or about the dwelling, dwelling unit, rooming unit, or structure where the 29
73	73	violations are alleged to exist, and shall serve it in the manner provided in this section. 30
74	74	(g) The enforcing officer, after the expiration of time granted the person served with the 31
75	75	second notice to seek a hearing in the manner provided by this chapter, or after final decision by 32
76	76	the housing board of review or by a court of competent jurisdiction to which an appeal has been 33
77	77	taken, shall cause the second notice to be recorded in the land registry of the corporate unit. 34
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80	80	LC001975 - Page 3 of 5
81	81	(h) The notice shall state that a cumulative civil penalty has been imposed. Except as 1
82	82	otherwise provided in this section, no notice and lien recorded under this chapter shall be released 2
83	83	until the violation has been abated and the penalty imposed, as provided for in § 45-24.3-18, has 3
84	84	been paid. 4
85	85	(i) All subsequent transferees of the dwelling, dwelling unit, rooming unit, or structure in 5
86	86	connection with which a second notice has been so recorded, are deemed to have notice of the 6
87	87	continuing existence of the alleged violations, and are liable to all penalties and procedures 7
88	88	provided by this chapter and by applicable rules and regulations issued pursuant to it to the same 8
89	89	degree as was their transferor. 9
90	90	(j) It is unlawful for the owner of any residential or non-residential building upon whom a 10
91	91	notice of violation or order has been served to sell, transfer, mortgage, lease, or dispose of the 11
92	92	building to another until the provisions of the notice or order have been complied with or until the 12
93	93	owner first furnishes to the grantee, lessee, or mortgagee prior to the transfer, lease, or mortgage, a 13
94	94	true copy of any notice or order issued by the enforcing officer, and, at the same time, notify the 14
95	95	enforcing officer, in writing, of the intent to transfer, lease, or mortgage either by delivering the 15
96	96	notice of intent to the enforcing officer and receiving a receipt for the notice, or by registered or 16
97	97	certified mail, return receipt requested, giving the name and address of the person to whom the 17
98	98	transfer, lease, or mortgage is proposed. A transferee, lessee, or mortgagee who has received actual 18
99	99	or constructive notice of the existence of a notice or order is bound by the notice or order as of the 19
100	100	date of the transfer, mortgage, or lease without service of further notice upon him or her. 20
101	101	(k) The notice, once recorded in the land registry, is effective for a period of three (3) years 21
102	102	from the date of recording, and, in the absence of an intervening renewal by the enforcing officer 22
103	103	or by the enforcing officer for the corporate unit taking other action as provided by this chapter, 23
104	104	shall cease to be a notice of violation at the expiration of the three-year term. Notices already of 24
105	105	record as of June 18, 1985 will, in the absence of an intervening renewal by the enforcing officer 25
106	106	or by other action taken by the enforcing officer for the corporate unit under this chapter, cease to 26
107	107	be a notice of violation at the expiration of three (3) years. 27
108	108	SECTION 2. Sections 34-18-22.1 and 34-18-32 of the General Laws in Chapter 34-18 28
109	109	entitled "Residential Landlord and Tenant Act" are hereby amended to read as follows: 29
110	110	34-18-22.1. Landlord’s duty to notify tenant of violation. 30
111	111	(a) A landlord, when cited by a state or local minimum housing code enforcement agency 31
112	112	for a housing code violation, shall, within thirty (30) days of receipt of the notice, deliver a copy of 32
113	113	the notice of violation to each residential tenant of the building affected by said violation, unless 33
114	114	within said thirty (30) day period the landlord has corrected all violations set forth in the notice of 34
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117	117	LC001975 - Page 4 of 5
118	118	violation to the satisfaction of the state or local minimum housing code enforcement agency which 1
119	119	issued the notice of violation. 2
120	120	(b) A landlord, prior to entering into any residential rental agreement, shall inform a 3
121	121	prospective tenant of any outstanding minimum housing code violations which exist on the building 4
122	122	that is the subject of the rental agreement. 5
123	123	(c) Upon issuance of a second notice of violation in accordance with § 45-24.3-17(e), the 6
124	124	tenant shall pay all or part of the rent accrued and thereafter accruing, into an escrow bearing 7
125	125	account, until the alleged violations have been corrected by the landlord and approved by the 8
126	126	enforcing officer of the state or local minimum housing code enforcement agency. The amount 9
127	127	shall be equal to the rent the tenant may be due as an abatement of rent for the landlord’s failure to 10
128	128	correct the alleged violations in a timely manner. 11
129	129	34-18-32. Landlord’s noncompliance as defense to action for possession or rent. 12
130	130	(a) In an action for possession based upon nonpayment of rent or in an action for rent when 13
131	131	the tenant is in possession, the tenant may counterclaim for any amount he or she may recover 14
132	132	under the rental agreement, or this chapter, or § 45-24.3-17. In that event, the court, from time to 15
133	133	time, may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, 16
134	134	and shall determine the amount due to each party. The party to whom a net amount is owed shall 17
135	135	be paid first from the money paid into court, and the balance by the other party. If no rent remains 18
136	136	due after application of this section, judgment shall be entered for the tenant in the action for 19
137	137	possession. If the defense or counterclaim by the tenant is frivolous or without any basis in fact, 20
138	138	the landlord may recover reasonable attorney’s fees. 21
139	139	(b) In an action for rent when the tenant is not in possession, he or she may counterclaim 22
140	140	as provided in subsection (a) of this section, but is not required to pay any rent into court. 23
141	141	SECTION 3. This act shall take effect upon passage. 24
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143	143	LC001975
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146	146
147	147	LC001975 - Page 5 of 5
148	148	EXPLANATION
149	149	BY THE LEGISLATIVE COUNCIL
150	150	OF
151	151	A N A C T
152	152	RELATING TO TOWNS AN D CITIES -- HOUSING MAINTENANCE AND OCCU PANCY
153	153	CODE
154	154	***
155	155	This act would allow for a tenant to withhold payment of rent, and deposit the rent accruing 1
156	156	into an escrow bearing account, upon the issuance of a second notice of violation by an enforcing 2
157	157	officer for any state or local minimum housing code enforcement agency. The amount shall be 3
158	158	equal to the rent the tenant was entitled to as an abatement of rent. 4
159	159	This act would take effect upon passage. 5
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161	161	LC001975
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