| Chapter 320 |
| 2023 -- S 0311 SUBSTITUTE A Enacted 06/24/2023 |
| A N A C T |
| RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
Introduced By: Senators Murray, Mack, Miller, Euer, Sosnowski, Quezada, Acosta, DiMario, Kallman, and Raptakis |
| Date Introduced: February 16, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant |
| Act" is hereby amended by adding thereto the following section: |
| 34-18-5859. Fair limitation on rental application fees -- Effective January 1, 2024. |
| (a) A landlord, lessor, sub-lessor, real estate broker, property management company, or |
| designee shall not be allowed to require or demand any prospective tenant to pay for a rental |
| application fee. |
| (b) Nothing in this section shall be construed to prohibit a landlord, lessor, sub-lessor, real |
| estate broker, property management company, or designee from requiring an official state criminal |
| background check from the bureau of criminal identification (BCI), department of attorney general, |
| state police or local police department where the prospective tenant resides or from requiring a |
| credit check subject to the following limitations: |
| (1) If a prospective tenant provides a required official state criminal background check or |
| credit report issued within ninety (90) days of the application for a rental unit, no fee for such |
| official state criminal background check and/or credit report may be charged by the respective |
| landlord, lessor, sub-lessor, real estate broker, property management company, or designee; |
| (2) If a prospective tenant does not provide a required official state background check |
| and/or credit report issued within ninety (90) days of the application for a rental unit, then the |
| landlord, lessor, sub-lessor, real estate broker, property management company, or designee may |
| charge the prospective tenant a fee representing not more than the actual cost of obtaining the |
| official state background check and/or credit report. Provided further, any prospective tenant who |
| is charged a fee under this subsection for a background check or credit report shall be provided |
| with a copy of the background check or credit report; and |
| (3) Nothing in this section shall be construed to prohibit the landlord, lessor, sub-lessor, |
| real estate broker, property management company, or designee from obtaining an independent |
| background check or credit report at the landlord's own expense. |
| SECTION 2. This act shall take effect on January 1, 2024. |
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| LC001658/SUB A |
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