Title 34
Property

Chapter 18
Residential Landlord and Tenant Act

§ 34-18-58. Statewide mandatory rental registry.

(a) All landlords shall register the following information with the department of health:

(1) Names of individual landlords or any business entity responsible for leasing to a tenant under this chapter;

(2) An active business address, PO box, or home address;

(3) An active email address;

(4) An active telephone number that would reasonably facilitate communications with the tenant of each dwelling unit;

(5) Any property manager, management company, or agent for service of the property, along with the business address, PO box, or home address of the property manager, management company, or agent and including:

(i) An active email address; and

(ii) An active telephone number, for each such person or legal entity, if applicable, for each dwelling unit; and

(6) Information necessary to identify each dwelling unit.

(b) All landlords who lease a residential property constructed prior to 1978 and that is not exempt from the requirements of chapter 128.1 of title 42 (“lead hazard mitigation”) shall, in addition to the requirements of subsection (a) of this section, for each dwelling unit, provide the department of health with a valid certificate of conformance in accordance with chapter 128.1 of title 42 (“lead hazard mitigation”) and regulations derived therefrom, or evidence sufficient to demonstrate that they are exempt from the requirement to obtain a certificate of conformance.

(c) Contingent upon available funding, the department of health, or designee, shall create a publicly accessible online database containing the information obtained in accordance with subsections (a) and (b) of this section, no later than nine (9) months following the effective date of this section [June 20, 2023].

(d) All landlords subject to the requirements of subsections (a) and (b) of this section as of September 1, 2024, shall register the information required by those subsections no later than October 1, 2024.

A landlord who acquires a rental property, or begins leasing a rental property to a new tenant, after September 1, 2024, shall register the information required by subsections (a) and (b) of this section within thirty (30) days after the acquisition or lease to a tenant, whichever date is earlier. All landlords subject to the requirements of subsections (a) and (b) of this section shall, following initial registration, re-register by October 1 of each year in order to update any information required to comply with subsections (a) and (b) of this section, or to confirm that the information already supplied remains accurate.

(e) Any person or entity subject to subsections (a) and (b) of this section who fails to comply with the registration provision in subsection (d) of this section, shall be subject to a civil fine of at least fifty dollars ($50.00) per month for failure to register the information required by subsection (a) of this section, or at least one hundred and twenty-five dollars ($125) per month, for failure to register the information required by subsection (b) of this section.

(f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to the department of health. There is to be established a restricted receipt account to be known as the “rental registry account” which shall be a separate account within the department of health. Penalties received by the department pursuant to the terms of this section shall be deposited into the account. Monies deposited into the account shall be transferred to the department of health and shall be expended for the purpose of administering the provisions of this section or lead hazard mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under this section prior to October 1, 2024.

(g) Notwithstanding the provisions of § 34-18-35, a landlord or any agent of a landlord may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction, unless, at the time the action is commenced, the landlord is in compliance with the requirements of subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict for nonpayment of rent in order to proceed with the civil action.

(h) The department of health may commence an action for injunctive relief and additional civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails to comply with subsection (a) of this section. The attorney general may commence an action for injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation against any landlord who repeatedly fails to comply with subsection (b) of this section. Any penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering the provisions of this section. No penalties shall be levied under this section prior to October 1, 2024.