2025 -- H 5917 | |
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LC001493 | |
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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 -- RESIDENTIAL LANDLORD AND TENANT ACT | |
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Introduced By: Representatives Casey, Solomon, Chippendale, J. Brien, Finkelman, | |
Date Introduced: February 28, 2025 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-58 of the General Laws in Chapter 34-18 entitled "Residential |
2 | Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-58. Statewide mandatory rental registry. |
4 | (a) All landlords who lease a residential property constructed prior to 1978 shall register |
5 | the following information with the department of health: |
6 | (1) Names of individual landlords or any business entity responsible for leasing to a tenant |
7 | under this chapter; |
8 | (2) An active business address, PO box, or home address; |
9 | (3) An active email address; |
10 | (4) An active telephone number that would reasonably facilitate communications with the |
11 | tenant of each dwelling unit; |
12 | (5) Any property manager, management company, or agent for service of the property, |
13 | along with the business address, or PO box, or home address of the property manager, management |
14 | company, or agent and including: |
15 | (i) An active email address; and |
16 | (ii) An active telephone number, for each such person or legal entity, if applicable, for each |
17 | dwelling unit; and |
18 | (6) Information necessary to identify each dwelling unit. |
19 | (b) All landlords who lease a residential property constructed prior to 1978 and that is not |
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1 | exempt from the requirements of chapter 128.1 of title 42 (“lead hazard mitigation”) shall, in |
2 | addition to the requirements of subsection (a) of this section, for each dwelling unit, provide the |
3 | department of health with a valid certificate of conformance in accordance with chapter 128.1 of |
4 | title 42 (“lead hazard mitigation”) and regulations derived therefrom, or evidence sufficient to |
5 | demonstrate that they are exempt from the requirement to obtain a certificate of conformance. |
6 | (c) Contingent upon available funding, the department of health, or designee, shall create |
7 | a publicly accessible online database containing the information obtained in accordance with |
8 | subsections (a)(1), (a)(5)(ii), but excluding subsections (a)(2) through (a)(4); and (b) of this section, |
9 | no later than nine (9) months following the effective date of this section [June 20, 2023]. |
10 | (d) All landlords subject to the requirements of subsections (a) and (b) of this section as of |
11 | September 1, 2024 September 1, 2025, shall register the information required by those subsections |
12 | no later than October 1, 2024 October 1, 2025. |
13 | A landlord who acquires a residential rental property constructed before 1978, or begins |
14 | leasing a rental property to a new tenant, after September 1, 2024 September 1, 2025, shall register |
15 | the information required by subsections (a) and (b) of this section within thirty (30) days after the |
16 | acquisition or lease to a tenant, whichever date is earlier. All landlords subject to the requirements |
17 | of subsections (a) and (b) of this section shall, following initial registration, re-register by October |
18 | 1 of each year in order to update any information required to comply with subsections (a) and (b) |
19 | of this section, or to confirm that the information already supplied remains accurate. |
20 | (e) Any person or entity subject to subsections (a) and (b) of this section who fails to |
21 | comply with the registration provision in subsection (d) of this section, shall be subject to a civil |
22 | fine of at least fifty dollars ($50.00) per month for failure to register the information required by |
23 | subsection (a) of this section, or at least one hundred and twenty-five dollars ($125) per month, for |
24 | failure to register the information required by subsection (b) of this section. |
25 | (f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to |
26 | the department of health. There is to be established a restricted receipt account to be known as the |
27 | “rental registry account” which shall be a separate account within the department of health. |
28 | Penalties received by the department pursuant to the terms of this section shall be deposited into |
29 | the account. Monies deposited into the account shall be transferred to the department of health and |
30 | shall be expended for the purpose of administering the provisions of this section or lead hazard |
31 | mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under |
32 | this section prior to October 1, 2024 October 1, 2025. |
33 | (g) Notwithstanding the provisions of § 34-18-35, a landlord or any agent of a landlord |
34 | may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction, |
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1 | unless, at the time the action is commenced, the landlord is in compliance with the requirements of |
2 | subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of |
3 | compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict |
4 | for nonpayment of rent in order to proceed with the civil action. |
5 | (h) The department of health may commence an action for injunctive relief and additional |
6 | civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails |
7 | to comply with subsection (a) of this section. The attorney general may commence an action for |
8 | injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation |
9 | against any landlord who repeatedly fails to comply with subsection (b) of this section. Any |
10 | penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard |
11 | mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering |
12 | the provisions of this section. No penalties shall be levied under this section prior to October 1, |
13 | 2024 October 1, 2025. |
14 | 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 -- RESIDENTIAL LANDLORD AND TENANT ACT | |
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1 | This act would limit the mandatory rental registry to properties constructed prior to 1978, |
2 | and further push out the effective date of registration to September 1, 2025, with the penalty clause |
3 | becoming effective as of October 1, 2025. This act would further eliminate the prohibition on |
4 | landlords from evicting a tenant for nonpayment of rent unless they have registered the property |
5 | with all of the personal information and provided the department of health a certificate of |
6 | conformance. |
7 | This act would take effect upon passage. |
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