| Chapter 198 |
| 2022 -- S 2984 Enacted 06/27/2022 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY CODE |
Introduced By: Senators Goodwin, and Bell |
| Date Introduced: May 24, 2022 |
| 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 of a dwelling, dwelling unit, rooming unit, or |
| structure fails, neglects, or refuses to make repairs or other corrective action called for by a 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 pursuant to § 45-24.3-17. |
| (3) Every owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure, |
| 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 for the purpose of |
| making repairs. |
| (4) Any owner, operator, agent, or occupant of a dwelling, dwelling unit, rooming unit, or |
| structure, who refuses, impedes, interferes with, hinders, or obstructs entry by the agent pursuant |
| to a notice of intention to make repairs or take other corrective action, is subject to a civil penalty |
| of twenty-five dollars ($25.00) for each failure to comply with this section. |
| (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. |
| (b) Designation of unfit dwellings, dwelling units, rooming units, and structures. |
| (1) Any dwelling, dwelling unit, rooming unit, or structure 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 unfit for human habitation, the enforcing officer shall placard the dwelling, dwelling unit, or |
| rooming unit, or structure, indicating that it is unfit for human habitation, and, if occupied, shall |
| order the dwelling, dwelling unit, rooming unit, or structure vacated within a reasonable time, that |
| time to be not more than thirty (30) days. |
| (3) No dwelling, dwelling unit, rooming unit, or structure, designated as unfit for human |
| habitation, and which has been placarded and vacated, shall be used again for human habitation |
| until written approval is secured from the enforcing officer and the placard 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 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 which has been designated as unfit for human habitation and has been |
| placarded, except as provided in this section. |
| (6) Any person affected by any decision of the enforcing officer or by any designation or |
| placarding of a dwelling, dwelling unit, rooming unit, or structure as unfit for human habitation, |
| shall be granted a hearing on the matter before the enforcing officer under the procedure established |
| in § 45-24.3-21. |
| (7) The enforcing officer may order the owner 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 (⅜") thick exterior plywood or one-half inch (½") notched boards firmly |
| secured and with protective coating. All other windows must be so secured by either one-quarter |
| inch (¼") thick exterior plywood or one-half inch (½") notched boards. |
| (c) Demolition of dwellings, dwelling units, or rooming units designated as unfit for human |
| habitation. (1) The enforcing officer shall order a dwelling, dwelling unit, or rooming unit 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 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 of any dwelling, dwelling unit, or rooming unit, 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 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 in the manner |
| provided in § 45-24.3-21. |
| (4) When the owner fails, neglects, or refuses to demolish an unfit, unsafe, or unsanitary |
| dwelling, dwelling unit, or rooming unit within the requisite time, the enforcing officer may apply |
| to a court of competent jurisdiction for a demolition order to undertake the demolition. 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. |
| (5) Whenever a dwelling is demolished, whether carried out by the owner 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. |
| (d) Relocation of occupants. Notwithstanding the other provisions of this section, no |
| dwelling shall be vacated or demolished by the enforcing officer, under the powers granted to him |
| or her by the provisions of this chapter, until persons occupying the dwelling at the time the |
| compliance order is issued have been offered housing accommodations in a decent, safe, and |
| sanitary dwelling which meets the requirements of this chapter. Should a municipality relocate |
| occupants, the cost of relocation shall constitute a debt in favor of the 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. |
| (e) Revolving fund. (1) 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. Into this fund shall be paid: |
| (1)(i) All civil penalties collected for violations of this chapter pursuant to § 45-24.3-18. |
| (2)(ii) All license fees collected pursuant to this chapter. |
| (3)(iii) All judgments collected in actions to recover the costs of repair and other corrective |
| action and demolition, pursuant to this section. |
| (4)(iv) Any other revenues that the corporate unit may from time to time authorize to be |
| paid into this fund. |
| (5)(v) 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. |
| (2) Notwithstanding anything to the contrary in this subsection, the corporate unit is hereby |
| authorized to select from a wide array of vendors, contractors and subcontractors, and third-party |
| administrators to administer a loan program or loan programs utilizing the revolving fund to assist |
| qualifying owners, operators, and agents with the cost of repairs and other corrective action or |
| demolition. If the plan includes the purchase of professional assistance, an appropriate contract |
| shall be prepared and local purchasing policies shall be followed. |
| (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 in that the |
| officer designates the dwelling to be an unfit dwelling, as provided for in this section, then the |
| obligation of rent to the landlord is suspended and the rent shall be paid into the revolving fund as |
| established in subsection (e) of this section. 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. |
| SECTION 2. This act shall take effect upon passage. |
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| LC006000 |
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