2026 -- S 2912 SUBSTITUTE A

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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 -- ABANDONED PROPERTY

     Introduced By: Senators Bissaillon, and LaMountain

     Date Introduced: March 04, 2026

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 34-44-1.1, 34-44-2, 34-44-3 and 34-44-4 of the General Laws in

Chapter 34-44 entitled "Abandoned Property" are hereby amended to read as follows:

     34-44-1.1. Inventory of abandoned properties.

     (a) On or before April 2, 2025, each town and city shall publish a list of all properties

located in each respective town or city which, based on inspection and records, may qualify as

abandoned property under this chapter. After April 2, 2025, the list shall be published and updated

annually and made available in the town or city clerk’s office and on the municipal website. Notice

of the inclusion of a property on the abandoned properties list shall be provided to the last known

record owner or owners and any other interested party, as available from the tax assessor and the

land evidence records, by first class mail, postage pre-paid. The exclusion of any property from a

city or town list shall not disqualify any property from the provisions of this chapter, so long as the

court makes the requisite findings as set forth herein.

     (b) The publication of a list under this section shall not constitute grounds for legal claims

against a municipality by the record owner or any interested party.

     (c) Any interested party that receives notice pursuant to subsection (a) of this section shall

have the right, but not the obligation, to cure or cause to be cured the conditions giving rise to

inclusion on the abandoned properties list within a reasonable time, as determined by the

municipality, before the property may be alleged to be abandoned in any judicial proceeding under

this chapter.

     34-44-2. Definitions.

     As used in this chapter:

     (1) "Abandon" or "abandonment" means a situation where the owner of a building has

intended to abandon the building and has manifested the intent with some act or failure to act. In

determining whether an owner has abandoned his or her building, a court shall infer the intent of

the owner from the existence of serious code violations that pose a health and/or safety hazard to

the community and that have gone unrepaired for an unreasonable amount of time and from any of

the surrounding facts and circumstances including, but not limited to the following:

     (i) Whether or not the building is vacant;

     (ii) Whether or not the grounds are maintained;

     (iii) Whether or not the building's interior is sound;

     (iv) Whether or not any vandalism on the building has gone unrepaired;

     (v) Whether or not rents have been collected from the building's tenants by the owner;

     (vi) The length of time any of the above conditions have existed;

     (vii) Notwithstanding the criteria in this section, a property shall not be considered

abandoned if, upon a reasonable search of publicly available records, the property is known to be

part of a documented plan of redevelopment or community revitalization strategy, and is to be

financed in whole or in part with public funds, or is pending sale pursuant to a valid purchase and

sale agreement;

     (viii) Notwithstanding the criteria in this section, a property shall not be considered

abandoned solely due to it being vacant and if it is otherwise being maintained and the owner has

been responsive to addressing any health or safety issues that may arise.

     (2) "Abate" or "abatement" in connection with any property means the removal or

correction of any hazardous conditions deemed to constitute a public nuisance and the making of

such other improvements as are needed to affect a rehabilitation of the property that is consistent

with maintaining safe and habitable conditions over the remaining useful life of the property.

However, the closing or boarding up of any building that is found to be a public nuisance is not an

abatement of the nuisance.

     (3) "Building" means any building or structure used for residential purposes or used for

retail stores, shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic

administration activities, professional services, or similar business or civic uses.

     (4) "Eligible nonprofit corporation" ("ENC") means a nonprofit corporation registered to

do business in the State of Rhode Island which has as one of its primary purposes the production,

preservation or repair of dwelling units in the State of Rhode Island.

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     (4)(5) "Interested party" means any owner, mortgagee, lienholder, or other entity or person

who or that possesses an interest of record in any property that becomes subject to the jurisdiction

of the court pursuant to this chapter and any applicant for the appointment of a receiver pursuant to

this chapter.

     (5)(6) "Neighboring landowner" means any owner of property, including any entity or

person who or that is purchasing property by land installment contract or under a duly executed

purchase contract, that is located within two hundred feet (200′) of any property that becomes

subject to the jurisdiction of the court pursuant to this chapter.

     (6)(7) "Public nuisance" means a building that is a menace to the public health, welfare, or

safety; or that is structurally unsafe, unsanitary; or not provided with adequate safe egress; or that

constitutes a fire hazard; or is otherwise dangerous to human life; or is otherwise no longer fit and

habitable; or that, in relation to existing use, constitutes a hazard to the public health, welfare, or

safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. Such

condition shall be documented by:

     (i) Violations of local ordinances, state building codes or minimum housing standards

where a municipality, court officers, or the state or municipal entity issuing the notice has notified

the building owner of the violations and the owner has failed to address violations in the timeframes

set forth in the notice of violation or court order;

     (ii) The condemnation of the property for reasons of health or safety;

     (iii) Written notice by public health and safety personnel, code inspectors or state or

municipal building officials identifying the nature of the public health or safety risk posed and the

failure of the property owner to address these conditions; or

     (iv) Law enforcement reports indicating the nature of the hazard to the public health,

welfare or safety.

     34-44-3. Injunctive relief and other relief.

     (a) In any proceeding:

     (1) Brought under chapter 27.3 of title 23 entitled the Rhode Island state building code, and

any violation of the provisions of those regulations promulgated by the state building code

standards committee entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state

one- and two-family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island

state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state property maintenance

code, SBC-19 state fuel gas code or any municipal ordinance or regulation concerning minimum

housing standards, that is before a state court, municipal court, housing division of a state or

municipal court; or

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     (2) Brought upon a verified petition for abatement filed in the state court by the municipal

corporation in which the property involved is located, by any neighboring landowner, or by a

nonprofit corporation, registered to do business in the state, that is duly organized and has as one

of its goals the improvement of housing conditions for low- and moderate-income persons in the

municipality in which the property in question is located, if a an ENC where:

     (i) A building is alleged to be abandoned and; or

     (ii) A building is alleged to be either to be in a dangerous or unsafe condition or to be

otherwise in violation of chapter 27.3 of title 23 entitled the Rhode Island state building code, and

any violation of the provisions of those regulations promulgated by the state building code

standards committee entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state

one and two family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island

state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state property maintenance

code, SBC-19 state fuel gas code or any municipal ordinance or regulation concerning building or

housing; then the municipal corporation, neighboring landowner, or nonprofit corporation ENC

may apply for an injunction requiring the owner of the building to correct the condition or to

eliminate the violation which request shall include evidence of the condition(s) alleged satisfactory

to the court, in its discretion.

     (b) Such application for injunction shall include the following, as applicable:

     (1) Documentation of the violation of state or municipal laws, regulations or ordinances

associated with the property; and

     (2) Documentation that the conditions for "abandon" or "abandonment" set forth in § 34-

44-2(1) have been met; and

     (3) If applicable, evidence that the property owner has received notice of the violations or

orders from the applicable governmental entity and the property owner has failed to address the

violations in the timeframe set forth in the notice or order; or

     (4) In circumstances of vandalism at the property which present documented conditions

from the applicable governmental entity that such conditions pose a health and safety hazard and

the property owner, after receiving notice of the same, has failed to address the violations in the

timeframe set forth in the notice.

     (b)(c) The provisions of this chapter shall not apply to properties owned by the Rhode

Island housing and mortgage finance corporation established under chapter 55 of title 42 ("Rhode

Island housing and mortgage finance corporation") or any of its subsidiary organizations.

     (d) Unless the court finds an immediate need, due to public safety, for a shortened period,

there There shall be a hearing at least on the requested injunctive relief which shall be scheduled

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no sooner than twenty (20) days after a summons for an injunction, indicating the date and time of

the hearing is served upon the owner of the building. The summons shall be served upon the owner

of the building and upon any other interested party, by personal service, residence service, or

service by certified mail pursuant to R.I. Super. Ct. R. Civ. P. 4. If service cannot be made in one

of these ways, the notice shall be served by posting it in a conspicuous place on the building and

by publication in a newspaper of general circulation in the municipality in which the building is

located. If the court finds at the hearing that the building is abandoned and either is in a dangerous

or unsafe condition or is otherwise in violation of any ordinance or regulation concerning minimum

housing standards, it shall issue an injunction requiring the owner to correct the condition or to

eliminate the violation, or any other order that it considers necessary or appropriate to correct the

condition or to eliminate the violation.

     (e) The court may schedule a hearing earlier than the time frame set forth in subsection (c)

of this section, if needed, to address an immediate threat to public health or safety as documented

by the condemnation of the property or in writing by applicable governmental official, entity or

agency identifying the nature of the public health or safety risk posed and the failure of the property

owner to address these conditions.

     34-44-4. Public nuisance determination — Show cause hearing — Appointment of

receiver.

     (a) In any proceeding described in § 34-44-3, after the court makes the finding described

in that section and additionally finds that the building in question constitutes a public nuisance as

set forth in § 34-44-3 and that the owner of the building has been afforded reasonable opportunity

to begin correcting the dangerous or unsafe condition found or to begin eliminating the violation

found and has refused or failed to do so, the court shall cause notice of its findings to be served

upon the owner, each mortgagee or other lienholder of record, and any other interested party, and

shall order the parties to show cause why a receiver should not be appointed to perform, or cause

to be performed, any work and to furnish any material that reasonably may be required to abate the

public nuisance. The notice shall be served in the same manner as described in § 34-44-3.

     (b) Before appointing a receiver, the court shall affirmatively determine that each interested

party has received notice and has been afforded a meaningful opportunity to undertake or arrange

for the abatement of the public nuisance. Before appointing a receiver to perform, or cause to be

performed, any work to abate a public nuisance under this chapter, the court shall conduct a hearing

at which any mortgagee of record or lienholder of record, or other interested party in the order of

their priority of interest in title shall be offered the opportunity to undertake the work and to furnish

the materials as are necessary to abate the public nuisance.

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     (c) The court shall require the party selected to demonstrate the ability promptly to

undertake the work required, to provide the judge with a viable financial and construction plan for

the rehabilitation of the building, and to post security for the performance of the work.

     (d) All amounts expended by the party toward abating the public nuisance shall be a lien

on the property if the expenditures were approved in advance by the court and if the party desires

such a lien. The lien shall bear the interest, and shall be payable upon the terms approved by the

court. The lien shall have the same priority as the mortgage of a receiver, as set forth in § 34-44-6,

if a certified copy of the court order that approved the expenses, the interest, and the terms of

payment of the lien, and a description of the property in question are filed for record, within thirty

(30) days of the date of issuance of the order, in the office of the recorder of deeds of the

municipality in which the property is located.

     (e) If the court determines at the hearing that no party can undertake the work and furnish

the materials required to abate the public nuisance, or if the court determines at any time after the

hearing that any party who is undertaking corrective work pursuant to this chapter cannot or will

not proceed, or has not proceeded with due diligence, the judge may appoint a receiver to take

possession and control of the property. The receiver shall be appointed in the manner provided in

subsection (f).

     (f) No person shall be appointed a receiver unless the person first has provided the court

with a viable financial and construction plan for the rehabilitation of the property in question and

has demonstrated the capacity and expertise to perform, or cause to be performed, the required

work in a satisfactory manner.

     (g) Prior to the appointment of a receiver the court may grant access to the property in

question to any person who applies to be appointed the receiver of the property, for the limited

purpose of developing a viable financial and construction plan for the rehabilitation of the property

which shall include the items set forth in § 34-44-4.1.

     (h) The appointed receiver shall be a lawyer appointed by the court who is certified by the

court to act as such.

     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 -- ABANDONED PROPERTY

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     This act would amend several definitions to the general law chapter relating to abandoned

property, would add a definition for "eligible nonprofit corporation", and would provide criteria for

when properties are considered abandoned or a public nuisance.

     This act would take effect upon passage.

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