2025 -- H 5504

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LC001378

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT

     Introduced By: Representatives Serpa, Corvese, Caldwell, Ackerman, Potter, Azzinaro,
and Read

     Date Introduced: February 13, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode Island

Fair Housing Practices Act" is hereby amended to read as follows:

     34-37-4. Unlawful housing practices.

     (a) No owner having the right to sell, rent, lease, or manage a housing accommodation as

defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be

made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,

gender identity or expression, marital status, lawful source of income, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin, or disability, age, familial status nor make any

written or oral inquiry concerning whether a tenant or applicant or a member of the household is,

or has been, or is threatened with being the victim of domestic abuse, or whether a tenant or

applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining

order for protection from domestic abuse, of any prospective purchaser, occupant, or tenant of the

housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or otherwise deny to

or withhold from any individual the housing accommodation because of the race, color, religion,

sex, sexual orientation, gender identity or expression, marital status, lawful source of income,

military status as a veteran with an honorable discharge or an honorable or general administrative

discharge, servicemember in the armed forces, country of ancestral origin, disability, age, or

familial status of the individual or the race, color, religion, sex, sexual orientation, gender identity

or expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin or disability, age, or familial status of any person with whom the

individual is or may wish to be associated; or shall, or on the basis that a tenant or applicant, or a

member of the household, is or has been, or is threatened with being, the victim of domestic abuse,

or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court in the

form of a restraining order for protection from domestic abuse. Nor shall an owner having the right

to sell, rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any

of these, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the

housing accommodation that indicates any preference, limitation, specification, or discrimination

based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member

of the household is, or has been, or is threatened with being the victim of domestic abuse, or that

the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

restraining order for protection from domestic abuse, or shall, directly or indirectly, discriminate

against any individual because of his or her race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, lawful source of income, military status as a veteran with an

honorable discharge or an honorable or general administrative discharge, servicemember in the

armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant

or applicant or a member of the household is, or has been, or is threatened with being the victim of

domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any

court in the form of a restraining order for protection from domestic abuse, in the terms, conditions,

or privileges of the sale, rental, or lease of any housing accommodation or in the furnishing of

facilities or services in connection with it. Nor shall an owner having the right to sell, rent, lease,

or manage a housing accommodation as defined in § 34-37-3, or an agent of any of these, directly

or indirectly, misrepresent the availability of a housing accommodation or delay the processing of

applications relating to the sale, rental, or lease of the housing accommodation based upon an

individual’s race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member

of the household is, or has been, or is threatened with being the victim of domestic abuse, or that

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the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

restraining order for protection from domestic abuse.

     Nothing in this section shall be construed to prohibit any oral or written inquiry as to

whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the

source, amount, and expected duration of the lawful source of income of the prospective purchaser

or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory

standards and preferences or terms, conditions, limitations, or specifications permitted under

subsection (c) of this section.

     (b) No person to whom application is made for a loan or other form of financial assistance

for the acquisition, construction, rehabilitation, repair, or maintenance of any housing

accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be

made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender

identity or expression, marital status, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking

relief from any court in the form of a restraining order for protection from domestic abuse, of any

individual seeking the financial assistance, or of existing or prospective occupants or tenants of the

housing accommodation; nor shall any person to whom the application is made in the manner

provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the

obtaining or use of any financial assistance against any applicant because of the race, color, religion,

sex, sexual orientation, gender identity or expression, marital status, military status as a veteran

with an honorable discharge or an honorable or general administrative discharge, servicemember

in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that

a tenant or applicant or a member of the household is, or has been, or is threatened with being the

victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief

from any court in the form of a restraining order for protection from domestic abuse, of the applicant

or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed

to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).

     (c) Nothing contained in this section shall be construed in any manner to prohibit or limit

the exercise of the privilege of every person and the agent of any person having the right to sell,

rent, lease, or manage a housing accommodation to establish standards and preferences and set

terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or

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in the furnishing of facilities or services in connection therewith that do not discriminate on the

basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital

status, lawful source of income, military status as a veteran with an honorable discharge or an

honorable or general administrative discharge, servicemember in the armed forces, country of

ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member

of the household is, or has been, or is threatened with being the victim of domestic abuse, or that

the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a

restraining order for protection from domestic abuse, of any prospective purchaser, lessee, tenant,

or occupant thereof or on the race, color, religion, sex, sexual orientation, gender identity or

expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, or familial status of any person with whom the

prospective purchaser, lessee, tenant, or occupant is or may wish to be associated. Nothing

contained in this section shall be construed in any manner to prohibit or limit the exercise of the

privilege of every person and the agent of any person making loans for, or offering financial

assistance in, the acquisition, construction, rehabilitation, repair, or maintenance of housing

accommodations to set standards and preferences, terms, conditions, limitations, or specifications

for the granting of loans or financial assistance that do not discriminate on the basis of the race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or

on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened

with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or

is seeking relief from any court in the form of a restraining order for protection from domestic

abuse, of the applicant for the loan or financial assistance or of any existing or prospective owner,

lessee, tenant, or occupant of the housing accommodation. If a landlord requires that a prospective

or current tenant have a certain minimum level of income, the standard for assessing eligibility

shall be based only on the portion of the rent to be paid by the tenant, taking into account the value

of any federal, state, or local rental assistance or housing subsidy.

     (d) An owner may not refuse to allow a person with a disability to make, at his or her

expense, reasonable modifications of existing premises occupied or to be occupied by the person if

the modifications may be necessary to afford the person full enjoyment of the premises, except that,

in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a

modification on the renter agreeing to restore the interior of the premises to the condition that

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existed before the modification, reasonable wear and tear excepted. Where it is necessary in order

to ensure with reasonable certainty that funds will be available to pay for the restorations at the end

of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring

that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable

amount of money not to exceed the cost of the restorations. The interest in the account shall accrue

to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will

be subject to § 34-18-19(b) through (f) inclusive.

     (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies,

practices, or services when those accommodations may be necessary to afford an occupant with a

disability equal opportunity to use and enjoy a dwelling.

     (2) Every person with a disability who has a guide dog or other personal assistive service

animal, or who obtains a guide dog or other personal assistive service animal, shall be entitled to

full and equal access to all housing accommodations provided for in this section and shall not be

required to pay extra compensation for the guide dog or other personal assistive service animal but

shall be liable for any damage done to the premises by a guide dog or other personal assistive

service animal. For the purposes of this subsection, a “personal assistive service animal” is a dog

that has been individually trained to do work or perform tasks for an individual with a disability.

These task(s) performed by the dog must be directly related to the person’s disability an animal

specifically trained by a certified animal training program to assist a person with a disability to

perform independent living tasks.

     (3)(i) A tenant with a disability or disability-related need for an emotional support animal

may request and be approved by a landlord to keep an emotional support animal as a reasonable

accommodation in housing. For the purpose of this section, “emotional support animal” means a

dog or cat that provides emotional, cognitive, or other similar support to an individual with a

disability, and does not need to be trained or certified. Any animal not a dog or cat, shall not be

considered an emotional support animal for the purpose of this section.

     (ii) Unless otherwise prohibited by federal law, rule, or regulation, a landlord may deny a

reasonable accommodation request for an emotional support animal if the animal poses a direct

threat to the safety or health of others or poses a direct threat of physical damage to the property

that cannot be reduced or eliminated by another reasonable accommodation, or if allowing the

animal to be kept on premises would result in the cancelation of the property insurance or a

substantial increase of the insurance premiums.

     (iii) If a tenant’s disability-related need for an emotional support animal is not readily

apparent, the landlord may request supporting documentation that reasonably supports the tenant’s

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need for the particular emotional support animal. Supporting documentation may consist of

documentation from a healthcare practitioner who has personal knowledge of the tenant’s disability

and is acting within the scope of the practitioner’s practice, and identifies the particular assistance

or therapeutic value provided by the requested animal.

     (iv) Subject to the provisions of subsection (e)(3)(ii) of this section no landlord shall

prohibit the keeping of an emotional support animal on the rented premises if:

     (A) The documentation supporting the tenant's need for the emotional support animal

comes from a Rhode Island licensed healthcare practitioner; and

     (B) The healthcare practitioner has a physical office located within the State of Rhode

Island; and

     (C) The healthcare practitioner has provided a clinical evaluation of the individual

regarding the need for the emotional support animal; and

     (D) The healthcare practitioner has established a patient-practitioner relationship for at

least thirty (30) days prior to providing the documentation requested regarding the individuals need

for an emotional support animal; and

     (E) The healthcare practitioner has made a written affirmation of the supporting

documentation in this subsection under the pains and penalties of perjury.

     (v) A tenant with a disability-related need for an emotional support animal is liable for any

damage done to the premises or to another person on the premises by the tenant's emotional support

animal.

     (f) Any housing accommodation of four (4) units or more constructed for first occupancy

after March 13, 1991, shall be designed and constructed in such a manner that:

     (1) The public use and common use portions of the dwellings are readily accessible to and

usable by persons with disabilities;

     (2) All the doors designed to allow passage into and within all premises within the

dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;

     (3) All premises within the dwellings contain the following features of adaptive design:

     (i) Accessible route into and through the dwelling;

     (ii) Light switches, electrical outlets, thermostats, and other environmental controls in

accessible locations;

     (iii) Reinforcements in bathroom walls to allow later installation of grab bars; and

     (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver

about the space. To the extent that any state or local building codes, statutes, or ordinances are

inconsistent with this section, they are hereby repealed. The state building code standards

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committee is hereby directed to adopt rules and regulations consistent with this section as soon as

possible, but no later than September 30, 1990.

     (g) Compliance with the appropriate requirements of the state building code 14

“accessibility for individuals with disabilities for residential use groups” suffices to satisfy the

requirements of subsection (f) of this section.

     (h) As used in subsection (f) of this section, the term “housing accommodation of four (4)

units or more” means:

     (1) Buildings consisting of four (4) or more units if those buildings have one or more

elevators; and

     (2) Ground floor units in other buildings consisting of four (4) or more units.

     (i) Nothing in subsection (f) of this section shall be construed to limit any law, statute, or

regulation that requires a greater degree of accessibility to persons with disabilities.

     (j) Nothing in this section requires that a dwelling be made available to an individual whose

tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy

would result in substantial physical damage to the property of others.

     (k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,

sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent,

lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the

person selected.

     (l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this

section to be an unlawful housing practice; or obstruct or prevent any person from complying with

the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to

commit any act declared by this section to be an unlawful housing practice.

     (m) No owner; person defined in § 34-37-3(13); person to whom application is made for a

loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or

maintenance of any housing accommodation, whether secured or unsecured; no financial

organization governed by the provisions of title 19 or any other credit-granting commercial

institution; or respondent under this chapter; or any agent of these shall discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this chapter, or

because he or she has made a charge, testified, or assisted in any manner in any investigation,

proceeding, or hearing under this chapter.

     (n) Nothing in this section shall prevent a landlord from proceeding with eviction action

against a tenant who fails to comply with § 34-18-24(7).

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     SECTION 2. 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 -- RHODE ISLAND FAIR HOUSING PRACTICES ACT

***

     This act would allow a tenant with a disability that needs an emotional support animal to

request and be approved by a landlord to keep that emotional support animal as a reasonable

accommodation in housing. The landlord would have the option to request supportive information

to support the tenant's need for the emotional support animal.

     This act would take effect upon passage.

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