2022 -- S 2214 | |
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LC004139 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO PROPERTY – RESIDENTIAL LANDLORD TENANT ACT – HOUSING | |
PAYMENT STABILITY ACT | |
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Introduced By: Senators Euer, McCaffrey, Goodwin, Cano, Acosta, Mack, Zurier, Burke, | |
Date Introduced: February 08, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-35 of the General Laws in Chapter 34-18 entitled "Residential |
2 | Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-35. Eviction for nonpayment of rent. |
4 | (a) If any part of the stipulated rent is due and in arrears for fifteen (15) days, the landlord |
5 | shall send a written notice, in a form substantially similar to that provided in § 34-18-56(a), |
6 | specifying the amount of the rent which is fifteen (15) days in arrears, making demand for the rent, |
7 | and notifying the tenant that unless he or she cures the breach within five (5) days of the date of |
8 | mailing of the notice, the rental agreement shall terminate, and the landlord shall commence an |
9 | eviction action in the appropriate district court or housing court. |
10 | (b) If the tenant fails to cure his or her breach by paying the stipulated rent in arrears within |
11 | five (5) days of the date of mailing of the notice, the landlord may commence an eviction action |
12 | against the tenant, which shall be filed no earlier than the sixth (6th) day after mailing of the written |
13 | demand notice. The action shall be commenced by filing a "Complaint for Eviction for Nonpayment |
14 | of Rent" in the appropriate court in the form provided in § 34-18-56(d). |
15 | (c) The summons for eviction for nonpayment of rent shall specify the date for hearing and |
16 | be in the form provided in § 34-18-56(g). The summons shall specify that the defendant may file |
17 | and serve his or her answer prior to or at the time of hearing, and that if he or she fails to answer or |
18 | appear at the hearing, he or she shall be defaulted. |
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1 | (d) If the defendant files his or her answer and commences discovery prior to the hearing, |
2 | and it appears, for good cause shown, that the defendant will not be able to conduct his or her |
3 | defense without the benefit of discovery, the court may continue the hearing to allow a reasonable |
4 | time for the completion of discovery. In the case of such a continuance, the court may, in its |
5 | discretion, order interim rent, or other remedy, to be paid to preserve the status quo pending hearing. |
6 | Except as provided in this chapter, the landlord may recover possession and actual damages. In |
7 | cases where the tenant had received a demand notice pursuant to subsection (a) within the six (6) |
8 | months immediately preceding the filing of the action, and the tenant's nonpayment was willful, |
9 | the landlord may also recover a reasonable attorney's fee. |
10 | (e) The tenant shall have the right to cure his or her failure to pay rent by tendering the full |
11 | amount of rent prior to commencement of suit. If the tenant has not received a notice pursuant to |
12 | subsection (a) of this section within the six (6) months immediately preceding the filing of the |
13 | action, the tenant shall have the right to cure his or her failure to pay rent after commencement of |
14 | suit by tendering the full amount of rent in arrears, together with court costs, at the time of hearing. |
15 | (f)(1) Notwithstanding subsections (a) through (e) of this section, before initiating eviction |
16 | for nonpayment of rent, the landlord shall complete the landlord portion of an application for rental |
17 | assistance to satisfy the tenant’s arrearage through any available emergency rental assistance |
18 | program funded through the federal Consolidated Appropriations Act (2021), Pub. L. 116-260, Div. |
19 | N § 501(a) or the federal American Rescue Plan Act of 2021, Pub. L. 117-2, § 3201(a) and upon |
20 | receipt of a denial or upon expiration of the time period specified in subsection (2) of this section. |
21 | (2) A landlord may proceed with the process for eviction for nonpayment of rent, as |
22 | described in this section, if the application for rental assistance is denied or thirty (30) days have |
23 | elapsed from the time all documentation required under the program to be provided by the landlord |
24 | has been submitted, whichever comes first. |
25 | 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 PROPERTY – RESIDENTIAL LANDLORD TENANT ACT – HOUSING | |
PAYMENT STABILITY ACT | |
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1 | This act would require landlords to complete the landlord portion of an application for |
2 | federal emergency rental assistance before starting an action for eviction against a residential tenant |
3 | for nonpayment of rent. A landlord would then be authorized to proceed with the eviction if the |
4 | application for rental assistance is denied or thirty (30) days after all the landlord’s required |
5 | documentation has been submitted, whichever comes first. |
6 | This act would take effect upon passage. |
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