2026 -- H 7199

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LC003973

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT -- RHODE

ISLAND SURVIVOR EARLY LEASE TERMINATION ACT

     

     Introduced By: Representatives Alzate, Craven, Casimiro, Speakman, Fogarty, Giraldo,
Hull, Shanley, Felix, and Potter

     Date Introduced: January 21, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-18-11 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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     34-18-11. Definitions.

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

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

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

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

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

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     (2) “Abuse” means an act or failure to act that presents an imminent risk of serious harm

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to an individual and, for purposes of this chapter includes, but is not limited to, any of the following

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crimes, regardless of whether these acts or threats have been reported to law enforcement officers:

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     (i) Child abuse (§ 11-9-5.3);

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     (ii) Child molestation (§§ 11-37-8.1 and 11-37-8.3);

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     (iii) Domestic violence;

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     (iv) Enticement of children (§ 11-26-1.5);

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     (v) Indecent solicitation of a child (§ 11-37-8.8);

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     (vi) Kidnapping (§§ 11-26-1 and 11-26-1.4);

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     (vii) Sexual assault (chapter 37 of title 11);

 

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     (viii) Stalking (§ 11-59-2);

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     (ix) Strangulation (§ 11-5-2.3); and

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     (x) Trafficking (chapter 67.1 of title 11).

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

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

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     (3)(4) “Building and housing codes” include any law, ordinance, or governmental

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regulation concerning fitness for habitation, or the construction, maintenance, operation,

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occupancy, use, or appearance of any premises of dwelling unit;

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     (5) “Domestic violence” for purposes of this chapter, means, but is not limited to, any of

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the following crimes when committed by one family or household member against another,

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regardless of whether these acts or threats have been reported to law enforcement officers:

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     (i) Simple assault (§ 11-5-3);

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     (ii) Felony assaults (chapter 5 of title 11);

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     (iii) Vandalism (§ 11-44-1);

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     (iv) Disorderly conduct (§ 11-45-1);

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     (v) Trespass (§ 11-44-26);

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     (vi) Kidnapping (§ 11-26-1);

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     (vii) Child-snatching (§ 11-26-1.1);

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     (viii) Sexual assault (§§ 11-37-2 and 11-37-4);

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     (ix) Homicide (§§ 11-23-1 and 11-23-3);

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     (x) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter

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15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the

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penalty for its violation, or a violation of a no contact order issued pursuant to § 12-29-4;

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     (xi) Stalking (chapter 59 of title 11);

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     (xii) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14);

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     (xiii) Burglary and unlawful entry (chapter 8 of title 11);

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     (xiv) Arson (chapter 4 of title 11);

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     (xv) Cyberstalking and cyberharassment (§ 11-52-4.2);

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     (xvi) Domestic assault by strangulation (§ 11-5-2.3);

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     (xvii) Electronic tracking of motor vehicles (§ 11-69-1); or

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     (xviii) Abuse.

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     (4)(6) “Dwelling unit” means a structure or part of a structure that is designed or intended

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

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     (5)(7) “Fair rental value” means rent which is of comparable value with that of other rental

 

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properties of similar size and condition within the contiguous neighborhood;

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     (6)(8) “Good faith” means honesty in fact in the conduct of the transaction concerned;

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     (9) “Household member” means children and wards, current or former intimate partners,

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spouses, former spouses, persons related by blood or marriage, persons who are presently residing

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together or who have resided together in the past three (3) years, and persons who have a child in

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common regardless of whether they have been married or have lived together, or persons who are,

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or have been, in a dating or engagement relationship within the past year.

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     (7)(10) “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the

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

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required by § 34-18-20;

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     (8)(11) “Ordinary wear and tear” means deterioration of the premises which is the result of

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

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

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his or her obligations;

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     (9)(12) “Organization” includes a corporation, government, governmental subdivision or

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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;

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     (10)(13) “Owner” shall mean any person who, alone or jointly or severally with others:

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

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

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thereof; or

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

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

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

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

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she were the owner.

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     (11)(14) “Person” includes an individual or organization;

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     (12)(15) “Premises” means a dwelling unit and the structure of which it is a part and

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

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

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     (13)(16) “Rent” means the payment or consideration that a tenant pays to a landlord for the

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

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     (14)(17) “Rental agreement” means all agreements, written or oral, and valid rules and

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

 

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

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     (15)(18) “Roomer” means a tenant occupying a dwelling unit which consists of any room

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

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sleeping, but not for cooking or eating purposes;

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     (16)(19) “Security deposit” means a sum of money given by a tenant to a landlord at the

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

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dwelling unit during said tenancy;

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     (17)(20) “Tenant” means a person entitled under a rental agreement to occupy a dwelling

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unit to the exclusion of others;

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     (18)(21) “Transitional housing facility” means a facility which, for a period not to exceed

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

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

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     (19)(22) “Willful” means that the act was performed intentionally, knowingly and

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purposely, not accidentally or inadvertently and without justifiable excuse.

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     SECTION 2. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant

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Act" is hereby amended by adding thereto the following sections:

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     34-18-63. Early lease termination by tenant due to abuse, domestic violence, sexual

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assault, or stalking.

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     (a) A tenant may terminate their lease or rental agreement without penalty or fees for early

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termination, or liability for future rent when:

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     (1) The tenant or household member within the most recent one hundred fifty (150) days

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has been a victim of abuse, domestic violence, sexual assault, or stalking; or

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     (2) Within the most recent one hundred fifty (150) days, an event occurs relative to the

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victim of past abuse, domestic violence, sexual assault, or stalking, that, in conjunction with the

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past abuse, causes a victim lessee or victim household member to fear for their safety.

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     (3) This right to terminate the lease or rental agreement pursuant to this subsection shall

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be conditioned on:

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     (i) The tenant or household member of a tenant who is the victim provides the lessor or

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owner with written verification that the tenant or household member of a tenant has obtained a valid

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protective order against the perpetrator of the abuse, domestic violence, sexual assault stalking; or

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     (ii) The tenant or household member of a tenant who is the victim:

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     (A) Initiates legal action to obtain a protective order and provides written verification

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thereof to the lessor or owner; or

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     (B) Reports the abuse, domestic violence, sexual assault, or stalking to a law enforcement

 

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agency and provides written verification thereof to the lessor or owner; or

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     (C) Provides written verification from a law enforcement official, attorney, health care

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provider, social worker, mental health counselor, therapist, domestic violence advocate, sexual

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assault advocate, child abuse advocate, or other victim’s advocate at a nonprofit organization,

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college, university or state agency, that the tenant or their household member are a victim of abuse,

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domestic violence, sexual assault, or stalking; or

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     (D) Provides a signed self-certification form available from the Rhode Island office of the

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secretary of state. The secretary of state shall develop and provide forms for abuse victim tenant

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self-certification, available to tenants at no cost; and such form shall include language swearing

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that the facts provided by the tenant or household member of a tenant in the self-certification form

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are true and accurate to the best of their knowledge and recollection.

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     (b) The written verification provided to the lessor or owner, including the fact that an

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individual is a victim of abuse, domestic violence, sexual assault, or stalking, shall be maintained

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in strict confidence. The lessor or owner shall keep this information and any further personally-

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identifiable information of tenant and tenant’s household members (such as address, social security

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number, email, phone number, birthdate) confidential and shall not disclose this information to any

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other entity, party or individual, except to the extent that such disclosure is:

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     (1) Requested and consented to in writing by the tenant or household member of the tenant

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who is the victim of abuse, domestic violence, sexual assault, or stalking; or

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     (2) Otherwise required by applicable law.

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     (c) The tenant who has given notice shall vacate the premises within thirty (30) days of

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giving notice to the landlord or at any other time as may be agreed upon by the landlord and the

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tenant.

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     (d) For the purposes of determining rent owed, a tenant who terminates a lease or rental

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agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the lease

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or rental agreement, for rent owed through the date of termination or the date the tenant actually

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vacates the premises, whichever is later.

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     (e) A tenant who terminates a lease or rental agreement pursuant to this section shall be

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entitled to a refund of any security deposit or prepaid rent for any period thereafter. The tenant shall

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receive a full and specific statement of the basis for retaining any of the security deposit or prepaid

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rent together with any refund due in compliance with § 34-18-19 and within twenty (20) days of

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the conclusion of the tenancy.

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     34-18-64. Refusal of rental agreement or assistance based on termination of rental

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agreement under § 34-18-63 or request for change of lock under § 34-18-65 prohibited.

 

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     A lessor or owner shall not refuse to enter into a rental agreement, nor shall a housing

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subsidy provider deny assistance, based on an applicant having terminated a rental agreement under

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§ 34-18-63 or based upon an applicant having requested a change of locks under § 34-18-65.

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     34-18-65. Change of locks upon request of tenant, co-tenant, or household member

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believed to be under imminent threat of abuse, domestic violence, sexual assault, or stalking.

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     (a) For purposes of this section, the term “household member” shall mean a person residing

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with the tenant or co-tenant as an authorized occupant of the premises, and who is eighteen (18)

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years of age or older or an emancipated minor.

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     (b) A lessor or owner shall, upon the request of a tenant, co-tenant or a household member,

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change the locks of the individual dwelling unit in which the tenant, co-tenant or household member

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lives if the tenant, co-tenant or household member reasonably believes that the tenant, co-tenant or

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household member is under an imminent threat of abuse, domestic violence, sexual assault or

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stalking at the premises. A lessor or owner shall have the right to request, in good faith, written

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verification or self-certification of the status as a victim of abuse, domestic violence, sexual assault

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or stalking, as provided in § 34-18-63.

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     (c) If the threat of abuse, domestic abuse, violence, sexual assault or stalking is posed by a

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person who is a tenant, co-tenant or household member, the lessor or owner may change the locks

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and deny a key to the alleged perpetrator upon receipt of a request to change the locks; provided,

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however, that such request shall be accompanied by:

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     (1) A copy of a valid protective order issued against a tenant, co-tenant or household

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member; or

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     (2) A record from a federal, state or local court or law enforcement, indicating that a tenant,

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co-tenant or household member thereof poses an imminent threat of abuse, domestic violence,

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sexual assault or stalking.

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     (d) A lessor or owner who has received notice of a request for change of locks under this

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section shall, within two (2) business days, make a good faith effort to change the locks or give the

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tenant, co-tenant or household member permission to change the locks. If the lessor or owner

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changes the locks, the lessor or owner shall make a good faith effort to give a key to the new locks

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to the tenant, co-tenant or household member requesting the lock change as soon as possible, but

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within the same two (2) business day period. A lessor or owner may charge a fee for the expense

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of changing the locks. The fee shall not exceed the reasonable price customarily charged for

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changing such locks in that community.

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     (e) If a lessor or owner fails to change the locks after receipt of a request under this section

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within two (2) business days, the tenant, co-tenant or household member may change the locks

 

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without the owner’s permission. If the rental agreement requires that the lessor or owner retain a

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key to the leased residential premises and if a tenant, co-tenant or household member changes the

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locks, the tenant, co-tenant or household member shall make a good faith effort to provide a key to

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the new locks to the lessor or owner within two (2) business days of the locks being changed. If a

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tenant, co-tenant or household member changes the locks without the owner’s permission, such

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person shall change the locks in a workmanlike manner with locks of similar or better quality than

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the original locks. A lessor or owner may replace a lock installed by the tenant, co-tenant or

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household member, or seek reimbursement for additional costs incurred, if the lessor or owner

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believes that the locks were not of equal or better quality or were not installed properly, and such

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action shall be deemed not to be in retaliation.

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     (f) If the locks are changed under this section, a tenant, co-tenant or household member

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shall not voluntarily give the new key to the perpetrator. A lessor or owner who refuses to provide

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a key to any person based on the reasonable belief that such person is the perpetrator of alleged

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abuse, domestic violence, sexual assault or stalking, shall not be liable for such refusal.

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     (g) A lessor or owner who takes action to prevent the tenant, co-tenant or household

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member who has complied with subsection (b) of this section from changing the locks, or any lessor

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or owner who changes the locks but fails to make a good faith effort to provide a key to the tenant,

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co-tenant or household member requesting the lock change as provided in subsection (d) of this

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section, shall be liable for actual and consequential damages or three (3) months’ rent, whichever

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is greater, and the costs of the action, including reasonable attorneys’ fees, all of which may be

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applied in setoff or recoupment against any claim for rent owed or owing for use and occupancy.

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Damages shall not be imposed if the court determines that the lessor or owner acted in good faith.

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     34-18-66. Jurisdiction of courts to restrain violations. Applicability of other laws to

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requests to change locks.

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     (a) The district court shall have jurisdiction in equity to restrain violations of §§ 34-18-62

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through 34-18-65, inclusive.

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     (b) Notwithstanding §§ 34-18-63 through 34-18-65, inclusive, if a court has issued a

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protective order pursuant to § 15-5-19, chapter 15 of title 15, chapter 8.1 of title 8, § 12-29-4, or

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any other law, ordering a tenant, co-tenant or household member to vacate the dwelling unit, the

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lessor or owner shall not interfere with the order and upon a request to change the locks as described

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in § 34-18-65, shall comply with such request.

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     34-18-67. Waivers of §§ 34-18-62 through 34-18-64 void and unenforceable.

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     A waiver of §§ 34-18-63 through 34-18-65, shall be void and unenforceable.

 

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     SECTION 3. 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 -- RHODE

ISLAND SURVIVOR EARLY LEASE TERMINATION ACT

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     This act would grant tenants that are the victim of various forms of abuse including, but

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not limited to, sexual and domestic abuse and stalking, the right to terminate a lease agreement

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early without penalty or liability for rent. This act would also provide for requests to change locks.

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     This act would take effect upon passage.

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