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

     

     Introduced By: Representatives Casey, Solomon, Chippendale, J. Brien, Finkelman,
Baginski, Phillips, Lima, Noret, and Corvese

     Date Introduced: February 28, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-58 of the General Laws in Chapter 34-18 entitled "Residential

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

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     34-18-58. Statewide mandatory rental registry.

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     (a) All landlords who lease a residential property constructed prior to 1978 shall register

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the following information with the department of health:

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

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under this chapter;

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

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     (3) An active email address;

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     (4) An active telephone number that would reasonably facilitate communications with the

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tenant of each dwelling unit;

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     (5) Any property manager, management company, or agent for service of the property,

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along with the business address, or PO box, or home address of the property manager, management

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company, or agent and including:

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     (i) An active email address; and

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

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dwelling unit; and

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     (6) Information necessary to identify each dwelling unit.

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     (b) All landlords who lease a residential property constructed prior to 1978 and that is not

 

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exempt from the requirements of chapter 128.1 of title 42 (“lead hazard mitigation”) shall, in

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addition to the requirements of subsection (a) of this section, for each dwelling unit, provide the

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department of health with a valid certificate of conformance in accordance with chapter 128.1 of

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title 42 (“lead hazard mitigation”) and regulations derived therefrom, or evidence sufficient to

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demonstrate that they are exempt from the requirement to obtain a certificate of conformance.

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     (c) Contingent upon available funding, the department of health, or designee, shall create

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a publicly accessible online database containing the information obtained in accordance with

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subsections (a)(1), (a)(5)(ii), but excluding subsections (a)(2) through (a)(4); and (b) of this section,

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no later than nine (9) months following the effective date of this section [June 20, 2023].

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     (d) All landlords subject to the requirements of subsections (a) and (b) of this section as of

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September 1, 2024 September 1, 2025, shall register the information required by those subsections

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no later than October 1, 2024 October 1, 2025.

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     A landlord who acquires a residential rental property constructed before 1978, or begins

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leasing a rental property to a new tenant, after September 1, 2024 September 1, 2025, shall register

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the information required by subsections (a) and (b) of this section within thirty (30) days after the

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acquisition or lease to a tenant, whichever date is earlier. All landlords subject to the requirements

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of subsections (a) and (b) of this section shall, following initial registration, re-register by October

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1 of each year in order to update any information required to comply with subsections (a) and (b)

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of this section, or to confirm that the information already supplied remains accurate.

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     (e) Any person or entity subject to subsections (a) and (b) of this section who fails to

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comply with the registration provision in subsection (d) of this section, shall be subject to a civil

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fine of at least fifty dollars ($50.00) per month for failure to register the information required by

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subsection (a) of this section, or at least one hundred and twenty-five dollars ($125) per month, for

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failure to register the information required by subsection (b) of this section.

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     (f) All civil penalties imposed pursuant to subsection (e) of this section shall be payable to

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the department of health. There is to be established a restricted receipt account to be known as the

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“rental registry account” which shall be a separate account within the department of health.

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Penalties received by the department pursuant to the terms of this section shall be deposited into

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the account. Monies deposited into the account shall be transferred to the department of health and

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shall be expended for the purpose of administering the provisions of this section or lead hazard

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mitigation, abatement, enforcement, or poisoning prevention. No penalties shall be levied under

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this section prior to October 1, 2024 October 1, 2025.

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     (g) Notwithstanding the provisions of § 34-18-35, a landlord or any agent of a landlord

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may not commence an action to evict for nonpayment of rent in any court of competent jurisdiction,

 

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unless, at the time the action is commenced, the landlord is in compliance with the requirements of

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subsections (a), (b), and (d) of this section. A landlord must present the court with evidence of

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compliance with subsections (a), (b), and (d) of this section at the time of filing an action to evict

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for nonpayment of rent in order to proceed with the civil action.

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     (h) The department of health may commence an action for injunctive relief and additional

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civil penalties of up to fifty dollars ($50.00) per violation against any landlord who repeatedly fails

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to comply with subsection (a) of this section. The attorney general may commence an action for

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injunctive relief and additional civil penalties of up to one thousand dollars ($1,000) per violation

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against any landlord who repeatedly fails to comply with subsection (b) of this section. Any

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penalties obtained pursuant to this subsection shall be used for the purposes of lead hazard

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mitigation, abatement, enforcement, or poisoning prevention, or for the purpose of administering

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the provisions of this section. No penalties shall be levied under this section prior to October 1,

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2024 October 1, 2025.

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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 -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would limit the mandatory rental registry to properties constructed prior to 1978,

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and further push out the effective date of registration to September 1, 2025, with the penalty clause

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becoming effective as of October 1, 2025. This act would further eliminate the prohibition on

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landlords from evicting a tenant for nonpayment of rent unless they have registered the property

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with all of the personal information and provided the department of health a certificate of

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conformance.

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     This act would take effect upon passage.

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