Chapter 081

2015 -- H 6146 Enacted 06/17/2015

A N   A C T

RELATING TO PROPERTY - ABANDONED PROPERTY

Introduced By: Representatives Diaz, Almeida, Carnevale, and McKiernan

Date Introduced: April 30, 2015

It is enacted by the General Assembly as follows:

SECTION 1. Section 34-44-2 of the General Laws in Chapter 34-44 entitled "Abandoned

Property" is hereby amended to read as follows:

34-44-2. Definitions. -- As used in this chapter:

(1) "Abandon" or "abandonment" means a situation where the owner of a building has

intended to abandon the building, and has manifested the intent with some act or failure to act. In

determining whether an owner has abandoned his or her building, a court shall infer the intent of

the owner from the existence of serious code violations which that pose a health and/or safety

hazard to the community and which that have gone unrepaired for an unreasonable amount of

time and from any of the surrounding facts and circumstances including, but not limited to the

following:

(i) Whether or not the building is vacant;

(ii) Whether or not the grounds are maintained;

(iii) Whether or not the building's interior is sound;

(iv) Whether or not any vandalism on the building has gone unrepaired;

(v) Whether or not rents have been collected from the building's tenants by the owner;

(vi) The length of time any of the above conditions have existed.

(2) "Abate" or "abatement" in connection with any property means the removal or

correction of any hazardous conditions deemed to constitute a public nuisance and the making of

such other improvements as are needed to effect affect a rehabilitation of the property that is

consistent with maintaining safe and habitable conditions over the remaining useful life of the

property. However, the closing or boarding up of any building that is found to be a public

nuisance is not an abatement of the nuisance.

(3) "Building" means any building or structure used or intended to be used for residential

purposes and includes or a building or structure in which any floor may be used for retail stores,

shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic administration

activities, professional services, or similar business or civic uses, and the other floor or floors are

used or designed and intended to be used for residential purposes.

(4) "Interested party" means any owner, mortgagee, lienholder, or other person that

possesses an interest of record in any property that becomes subject to the jurisdiction of the court

pursuant to this chapter and any applicant for the appointment of a receiver pursuant to this

chapter.

(5) "Neighboring landowner" means any owner of property, including any person who is

purchasing property by land installment contract or under a duly executed purchase contract, that

is located within two hundred feet of any property that becomes subject to the jurisdiction of the

court pursuant to this chapter.

(6) "Public nuisance" means a building that is a menace to the public health, welfare, or

safety,; or that is structurally unsafe, unsanitary,; or not provided with adequate safe egress,; or

that constitutes a fire hazard,; or is otherwise dangerous to human life,; or is otherwise no longer

fit and habitable,; or that, in relation to existing use, constitutes a hazard to the public health,

welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or

abandonment.

SECTION 2. This act shall take effect upon passage.

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LC002360

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