2021 -- S 0183

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LC000513

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Senators Euer, Ruggerio, McCaffrey, Goodwin, Cano, Mack, Kallman,
Lombardo, Valverde, and DiMario

     Date Introduced: February 05, 2021

     Referred To: Senate Judiciary

     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 sections:

     34-18-5.1. Eviction moratorium during declared state of emergency.

     (a) Notwithstanding any other provision of this chapter, during a state of emergency

declared by the governor pursuant to the constitution of this state and chapter 15 of title 30, a

landlord or owner of a property shall not, for the purposes of a non-essential eviction, as defined

by at § 34-18-11(8), for a residential dwelling unit:

     (1) File any pleading with the court to evict a tenant; or

     (2) Send any notice, including a notice to quit, requesting or demanding that a tenant of a

residential dwelling unit vacate the premises.

     (b) A court having jurisdiction over an action for process pursuant to this chapter, shall not,

in a non-essential eviction for a residential dwelling unit:

     (1) Accept for filing a writ, summons or complaint;

     (2) Enter a judgment or default judgment for a plaintiff for possession of a residential

dwelling unit;

     (3) Issue an execution for possession of a residential dwelling unit;

     (4) Deny, upon the request of a defendant, a stay of execution, or upon the request by a

party, a continuance of a case brought pursuant to this chapter; or

     (5) Schedule for a hearing a pending matter filed pursuant to this chapter.

     (c) No sheriff, local law enforcement officer, or any other person or entity may serve

process or attempt to serve process for a non-essential eviction action and any non-essential

eviction notice issued before or during the moratorium established by this section may not be served

until after the conclusion of the declared state of emergency.

     (d) During the declared state of emergency a landlord shall not impose a late fee for non-

payment of rent for a residential dwelling unit, related to the non-payment of rent if, not later than

thirty (30) days after the missed rent payment, the tenant provides notice and documentation to the

landlord that the non-payment of rent was related to the declared state of emergency.

     34-18-10.1. Eviction diversion mediation program.

     (a) There shall be established in the district or appropriate housing court of this state a

residential eviction diversion program consisting of the following:

     (1) A conciliation conference between a landlord and tenant to mediate an agreement to

address any asserted residential lease violations and to stabilize the tenancy.

     (2) A designated housing mediator that participates in the conciliation conference.

Designated housing mediators shall be appointed by the chief judge of the district court or an

authorized committee. No less than two (2) housing mediators shall be appointed in each judicial

district and no less than four (4) housing mediators shall be appointed in the sixth division. Housing

mediators shall have the following qualifications and duties:

     (i) Housing mediators shall be knowledgeable in the requirements of this chapter, the

maintenance, repair and rehabilitation of dwelling units, including minimum housing code

requirements, and the federal, state and municipal laws, ordinances, rules and regulations pertaining

thereto and knowledgeable in the methods of serving as a neutral mediator. Housing mediators shall

also have knowledge necessary to advise parties regarding the type of funds and services available

to assist owners, landlords and tenants in the financing of resolutions to housing problems. Housing

mediators shall advise parties in locating possible sources of financial assistance necessary to

resolve the issues between the parties and shall exercise such other powers and perform such other

duties as the chief judge may prescribe.

     (ii) Housing mediators:

     (A) Shall be responsible for the initial screening and evaluation of all contested housing

matters eligible for placement on the housing docket;

     (B) May conduct investigations of such matters including, but not limited to, interviews

with the parties; and

     (C) May recommend settlements.

     (3) A designated housing mediator will engage with the tenant and landlord prior to the

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conciliation conference to learn the circumstances of both parties, educate the parties, and discuss

available resources.

     (b) When the residential eviction diversion program established by this subsection is

implemented, from the date of such implementation no landlord shall take steps in furtherance of

recovering possession of a residential property occupied by a tenant, other than providing a notice

required under this section, without first participating in a conciliation conference in the residential

eviction diversion mediation program, unless one of the following requirements are met:

     (1) Eviction is necessary to cease or prevent an imminent and direct threat of harm by the

person being evicted, including physical harm or harassment; or

     (2) The landlord has provided the affected tenants notice of such tenants' rights under this

section, and how to exercise such rights; and has contacted the eviction diversion program to

schedule a conciliation conference; however, the program is unable to offer a date for a conciliation

conference within thirty (30) days of the landlord’s initial request to schedule; provided that such

landlord shall thereafter participate in a conciliation conference when it becomes available, if prior

to an eviction judgment being issued.

     (c) Notice. Prior to filing a complaint for eviction following the procedures set forth in §§

34-18-35, 34-18-36, 34-18-37, or 34-18-38, the landlord shall provide written notice to the tenant

of the intent to file with the court and informing the tenant of the right to a mediation session prior

to the court filing, including providing the contact information for the mediation program in order

that the tenant can register for a conciliation session.

     (d) Defenses. The failure of the landlord to comply with any obligation under this section

may be asserted as a defense by a tenant in an action before any adjudicatory body and may not be

waived.

     (e) Definitions for purposes of the residential eviction mediation program.

     (1) “Housing mediator” means and individual appointed by the chief judge of the district

court or authorized committee for the purpose of assisting the court in the prompt and efficient

resolution of evictions without the requirement for a court hearing through a mutually acceptable

settlement between the parties.

     (2) “Conciliation conference” A meeting between a landlord, tenant, and housing mediator

to mediate an agreement for asserted residential lease violations. A conciliation conference must

take place prior to the landlord filing a complaint for eviction following the procedures set forth in

§§ 34-18-35, 34-18-36, 34-18-37, or 34-18-38 unless such a conciliation conference cannot be

scheduled within the timeframe set forth in this section. If the landlord and tenant come to an

agreement in the mediation, they are able to avoid a court hearing and define the terms of a mutually

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agreeable settlement which will be preserved in writing and enforceable by the court.

     SECTION 2. Section 34-18-11 of the General Laws in Chapter 34-18 entitled "Residential

Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-11. Definitions.

     Subject to additional definitions contained in subsequent sections of this chapter which

apply to specific sections thereof, and unless the context otherwise requires, in this chapter:

     (1) "Abandonment" means the tenant has vacated the premises without notice to the

landlord and has no intention of returning, as evidenced by nonpayment of rent for more than fifteen

(15) days and removal of substantially all possessions from the premises;

     (2) "Action" includes recoupment, counterclaim, set-off, suit in equity, and any other

proceeding in which rights are determined, including an action for possession;

     (3) "Building and housing codes" include any law, ordinance, or governmental regulation

concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or

appearance of any premises of dwelling unit;

     (4) "Dwelling unit" means a structure or part of a structure that is designed or intended to

be used as a home, residence, or sleeping place by one or more persons;

     (5) "Fair rental value" means rent which is of comparable value with that of other rental

properties of similar size and condition within the contiguous neighborhood;

     (6) "Good faith" means honesty in fact in the conduct of the transaction concerned;

     (7) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building

of which it is a part, and it also means a manager of the premises who fails to disclose as required

by § 34-18-20;

     (8) “Non-essential eviction” means any eviction that does not involve or include allegations

of:

     (i) Criminal activity that poses an imminent and direct threat to the health and safety of

other residents, the landlord, or the general public; or

     (ii) Lease violations that pose an imminent and direct threat to the health and safety of other

residents, the landlord, or the general public.

     (8)(9) "Ordinary wear and tear" means deterioration of the premises which is the result of

the tenant's normal nonabusive living and includes, but is not limited to, deterioration caused by

the landlord's failure to prepare for expected conditions or by the landlord's failure to comply with

his or her obligations;

     (9)(10) "Organization" includes a corporation, government, governmental subdivision or

agency, business trust, estate, trust, partnership of association, two (2) or more persons having a

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joint or common interest, and any other legal or commercial entity;

     (10)(11) "Owner" shall mean any person who, alone or jointly or severally with others:

     (i) Has legal title or tax title (pursuant to §§ 44-9-40 -- 44-9-46, inclusive, of the general

laws) to any dwelling, dwelling unit or structure with or without accompanying actual possession

thereof; or

     (ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or

agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner.

Any person representing the actual owner in this way shall be bound to comply with the provisions

of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he or

she were the owner.

     (11)(12) "Person" includes an individual or organization;

     (12)(13) "Premises" means a dwelling unit and the structure of which it is a part and

facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants

generally, or the use of which is promised to the tenant;

     (13)(14) "Rent" means the payment or consideration that a tenant pays to a landlord for the

use of the premises, whether money, services, property, or produce of the land;

     (14)(15) "Rental agreement" means all agreements, written or oral, and valid rules and

regulations adopted under § 34-18-25 embodying the terms and conditions concerning the use and

occupancy of a dwelling unit and premises, and also includes any terms required by law;

     (15)(16) "Roomer" means a tenant occupying a dwelling unit which consists of any room

or group of rooms forming a single habitable unit used or intended to be used for living and

sleeping, but not for cooking or eating purposes;

     (16)(17) "Security deposit" means a sum of money given by a tenant to a landlord at the

outset of the tenancy or shortly thereafter, as a deposit against physical damages to the tenant's

dwelling unit during said tenancy;

     (17)(18) "Tenant" means a person entitled under a rental agreement to occupy a dwelling

unit to the exclusion of others;

     (18)(19) "Transitional housing facility" means a facility which, for a period not to exceed

two (2) years, provides its residents with appropriate social services for the purpose of fostering

independence, self sufficiency, and eventual transition to a permanent living arrangement;

     (19)(20) "Willful" means that the act was performed intentionally, knowingly and

purposely, not accidentally or inadvertently and without justifiable excuse.

     SECTION 3. Chapter 34-27 of the General Laws entitled "Mortgage Foreclosure and Sale"

is hereby amended by adding thereto the following section:

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     34-27-1.2. Mortgage foreclosure moratorium during declared state of emergency.

     (a) Notwithstanding any other provision of this chapter, during a state of emergency

declared by the governor pursuant to the constitution of this state and chapter 15 of title 30, a person

entitled to foreclose the equity of redemption in any mortgaged estate, shall not, initiate any

foreclosure of real estate pursuant to this chapter nor proceed with any foreclosure initiated prior

to the declared state of emergency until after the conclusion of the declared state of emergency.

     (b) During the declared state of emergency, a mortgagee shall not impose a late fee for

non-payment of the mortgage for a residential dwelling unit if, not later than thirty (30) days after

the missed mortgage payment, the mortgagor provides notice and documentation to the mortgagee

that the non-payment was related to the declared state of emergency.

     SECTION 4. 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 AND TENANT ACT

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     This act would impose a moratorium on non-essential evictions and mortgage foreclosures

during a state of emergency declared by the governor relating to residential property and would

establish an eviction diversion program to resolve landlord-tenant eviction disputes.

     This act would take effect upon passage.

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