2019 -- H 5904

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LC002110

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY

CODE

     Introduced By: Representatives Kislak, Walsh, Slater, Ajello, and Williams

     Date Introduced: March 27, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-24.3-19 of the General Laws in Chapter 45-24.3 entitled

"Housing Maintenance and Occupancy Code" is hereby amended to read as follows:

     45-24.3-19. Repairs and other corrective action -- Demolition -- Revolving fund.

     (a) Repairs and other corrective action.

     (1) Whenever an owner, operator, or agent a responsible party of a dwelling, dwelling

unit, rooming unit, or structure domicile fails, neglects, or refuses to make repairs or other

corrective action called for by a notice of violation or second order or notice of violation issued

pursuant to § 45-24.3-17, the enforcing officer may undertake the repairs or action, when in his or

her judgment a failure to make them will endanger the public health, safety, or welfare, and the

cost of the repairs and action will not exceed fifty percent (50%) of the fair market value of the

structure to be repaired.

     (2) Notice of the intention to make repairs or take other corrective action shall be served

upon the owner, operator, or agent responsible party pursuant to § 45-24.3-17.

     (3) Every owner, operator, or agent responsible party of a dwelling, dwelling unit,

rooming unit, or structure domicile, who receives notice of the intention of the enforcing officer

to make repairs or take other corrective action, shall give entry and free access to the agent of the

enforcing officer or the enforcing officer's agent for the purpose of making repairs.

     (4) Any owner, operator, agent, or occupant responsible party of a dwelling, dwelling

unit, rooming unit, or structure domicile, who refuses, impedes, interferes with, hinders, or

obstructs entry by the agent enforcing officer or his or her agent pursuant to a notice of intention

to make repairs or take other corrective action, is subject to a civil an obstruction of work penalty

of twenty-five dollars ($25.00) five hundred dollars ($500) for each failure to comply with this

section act of obstruction.

     (5) When repairs are made or other corrective action taken at the direction of the

enforcing officer, cost of the repairs and corrective action constitutes a debt in favor of the

corporate unit against the owner of the repaired structure. In the event the owner fails, neglects, or

refuses to pay the corporate unit the amount of this debt, it is recoverable in a civil action against

the owner or his or her successor, brought in a court of competent jurisdiction by the corporate

unit which possesses all rights of a private creditor. costs incurred by the enforcing officer in the

action, as well as any other penalties, costs, or fees incurred under this section, shall be a lien

against the real property. The lien shall be recorded with the records of land evidence of the

municipality, and the lien shall incur legal interest from the date of recording. The cost incurred

by the enforcing officer, plus the interest thereon, in the repairs or other corrective action, shall be

added to the amount of taxes due on the real estate where the domicile was located. The tax

collector of the city or town shall have the same powers and shall be subject to the same duties

with respect to such claim as in the case of the annual taxes upon real estate, and the provisions of

law relative to the collection of annual taxes, the sale or taking of land for the nonpayment thereof

and the redemption of land so sold or taken shall apply to such a claim.

     (b) Designation of unfit dwellings, dwelling units, rooming units, and structures

domiciles.

     (1) Any dwelling, dwelling unit, rooming unit, or structure domicile shall be designated

as unfit for human habitation when any of the following defects or conditions are found, and

when, in the opinion of the enforcing officer, these defects create a hazard to the health, safety, or

welfare of the occupants or of the public:

     (i) The structure is damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested.

     (ii) The structure lacks illumination, ventilation, or required thermal and sanitation

facilities.

     (iii) The general condition of location is unsanitary, unsafe, or unhealthful.

     (2) Whenever any dwelling, dwelling unit, rooming unit, or structure has been designated

as Notwithstanding any provisions to the contrary in subsection (b)(1) of this section, if, in the

enforcing officer's opinion, the domicile is deemed unfit for human habitation due to defects

enumerated in subsections (b)(i), (b)(ii) and (b)(iii) of this section, the enforcing officer shall

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placard the dwelling, dwelling unit, or rooming unit, or structure domicile, indicating that it is

unfit for human habitation, and, if occupied, shall order the dwelling, dwelling unit, rooming unit,

or structure domicile vacated within a reasonable time, that time to be not more than thirty (30)

calendar days.

     (3) No dwelling, dwelling unit, rooming unit, or structure domicile, designated as unfit

for human habitation as set forth in subsection (b)(2) of this section, and which has been

placarded and vacated, shall be used again for human habitation until the domicile is inspected by

the enforcing officer or his or her agent and deemed as a safe, sanitary, and fit place for human

habitation, written approval is secured from the enforcing officer and the placard is removed by

the enforcing officer.

     (4) The enforcing officer shall rescind the designation and remove the placard when the

defect or condition upon which the designation and the placarding was based has been removed

or eliminated as to cause the dwelling, dwelling unit, rooming unit, or structure domicile to be

deemed by the enforcing officer as a safe, sanitary, and fit place or unit for human habitation.

     (5) No person shall deface or remove the placard from any dwelling, dwelling unit,

rooming unit, or structure domicile which has been designated as unfit for human habitation and

has been placarded, except as provided in this section. Defacing or removing the placard shall be

subject to criminal penalties as provided in § 45-24.3-8(b).

     (6) Any person affected by any decision of the enforcing officer or by any designation of

unfit for human habitation or placarding of a dwelling, dwelling unit, rooming unit, or structure

domicile as unfit for human habitation, shall be granted a hearing on the matter before the

enforcing officer housing board of review under the procedure established in § 45-24.3-21.

     (7) The enforcing officer may order the owner responsible party of any building, which

has been in the past and/or is vacant and open, to comply with the following specifications: all

openings (including doors and windows) from cellar to second floor and all windows above the

second floor leading to fire escapes, porches, or structural appurtenances, on all floors, must be

covered from the exterior with three-eighths inch (3/8") thick exterior plywood or one-half inch

(1/2") notched boards firmly secured and with protective coating. All other windows must be so

secured by either one-quarter inch (1/4") thick exterior plywood or one-half inch (1/2") notched

boards.

     (c) Demolition of dwellings, dwelling units, or rooming units domiciles designated as

unfit for human habitation. (1) The enforcing officer shall order a dwelling, dwelling unit, or

rooming unit domicile to be demolished if it has been designated as unfit for human habitation,

has been placarded, has been vacated, and has not been put into proper repair as to rescind the

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designation as unfit for human habitation and to cause the placard to be removed, and is

determined by the enforcing officer not to warrant repair under this section.

     (2) The owner responsible party of any dwelling, dwelling unit, or rooming unit domicile,

ordered demolished, shall be given notice of this order in the manner provided for service of

notice in § 45-24.3-17, and given a reasonable time, not to exceed ninety (90) days, to demolish

the structure.

     (3) Any owner responsible party aggrieved by the notice to demolish may, within ten (10)

days, seek a reconsideration of the matter in the manner provided, and may seek a formal hearing

before the housing board of review in the manner provided in § 45-24.3-21.

     (4) When the owner responsible party fails, neglects, or refuses to demolish an unfit,

unsafe, or unsanitary dwelling, dwelling unit, or rooming unit domicile within the requisite time,

the enforcing officer may apply to a court of competent jurisdiction for a demolition order to

undertake the demolition immediately cause the domicile to be demolished. The court may grant

the order when no reconsideration or hearing on the matter is pending. The cost of the demolition

shall create a debt in favor of this corporate unit against the owner, and is recoverable in a civil

action brought by the corporate unit which possesses all the rights of a private creditor. be a lien

against the real property. The lien shall be recorded with the records of land evidence of the

municipality, and the lien shall incur legal interest from the date of recording. The cost incurred

by the enforcing officer, plus the interest thereon, in the repairs or other corrective action, shall be

added to the amount of taxes due on the real estate where the domicile was located. The tax

collector of the city or town shall have the same powers and shall be subject to the same duties

with respect to such claim as in the case of the annual taxes upon real estate, and the provisions of

law relative to the collection of annual taxes, the sale or taking of land for the nonpayment thereof

and the redemption of land so sold or taken shall apply to such a claim.

     (5) Whenever a dwelling domicile is demolished, whether carried out by the owner

responsible party or by the enforcing officer, the demolition shall include the filling in of the

excavation remaining on the property on which the demolished dwelling was located, in a manner

that eliminates all potential danger to the public health, safety, or welfare arising from the

excavation.

     (6) All demolition shall be preceded by an inspection of the premises by the appropriate

authority as provided for by the laws of this state or any political subdivision thereof.

     (d) Relocation of occupants. Notwithstanding the other provisions of this section, no

dwelling shall be vacated or demolished by the enforcing officer once an order to vacate or

demolish has been issued by the enforcing officer, under the powers granted to him or her by the

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provisions of this chapter, until the persons occupying the dwelling at the time the compliance

order of demolition is issued have been shall be offered housing accommodations by the

responsible party of the domicile in a decent, safe, and sanitary dwelling which meets the

requirements of this chapter.

     (e) Revolving fund. There is created a revolving fund for the purpose of supporting the

cost of repairs and other corrective action or demolition made by the enforcing officer pursuant to

this section, and for any other purpose necessary to create safe, sanitary and fit places for human

habitation, including the formation of a revolving loan fund for property owners to make repairs

on their property, to be administered by the corporate unit in a manner they deem fit. Into this the

revolving fund shall be paid:

     (1) All civil penalties collected for violations of this chapter pursuant to § 45-24.3-18.

     (2) All license permit fees collected pursuant to this chapter.

     (3) All judgments monies collected in actions to recover the costs of repair and other

corrective action and demolition, pursuant to this section.

     (4) Any other revenues that the corporate unit may from time to time authorize to be paid

into this fund.

     (5) All donations and grants designed to promote the purposes of this chapter from public

or private sources. The enforcing officer is declared to be the authorized agency of the corporate

unit to apply for and receive all grants, loans, and gifts of funds to promote the purposes of this

chapter.

     (6) Any and all monies charged and collected under this section, including monies

collected on liens placed on real property pursuant to this section and monies collected as

repayment for loans made from the fund.

     (f) Rent payments. Notwithstanding any lease or other agreement, if the enforcing officer

of any corporate unit has ordered the repair, alteration, or improvement of a dwelling domicile in

that the officer designates the dwelling domicile to be an unfit dwelling for human habitation, as

provided for in this section, then the obligation of rent to the landlord is suspended and the rent

paid into the revolving fund as established in subsection (e) by the enforcing officer, to be paid

thereafter to the landlord or any other party authorized to make repairs (including the enforcing

officer) to defray the cost of correcting the conditions, and no action shall be maintained by the

landlord against the tenant for rent or for possession. Sums paid into the revolving fund in excess

of those necessary to make repairs shall be paid to the landlord on completion. If the tenant fails

to make payments to the enforcing officer then an action for rent or possession may be

maintained, subject to defenses that the tenant may have under the lease or agreement.

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     (g) Definitions. For the purposes of this section, the following words shall have the

following meanings:

     (1) "Domicile" means a dwelling, dwelling unit, rooming unit, building, structure or

house.

     (2) "Responsible party" means the owner, operator or agent of a domicile.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY

CODE

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     This act would place the responsibility on landlords to house tenants if they are evicted

due to the neglect of the landlords; would give the municipality flexibility with the revolving fund

account; and would allow the municipality the ability to place a lien in the form of property taxes

when it takes action against the real property.

     This act would take effect upon passage.

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LC002110

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