Rhode Island 2025 Regular Session

Rhode Island House Bill H5103

Introduced
1/22/25  

Caption

Prohibits landlords from inquiring about an applicant's prior incarceration and from discriminating against those who have been released from prison.

Summary

This bill amends Rhode Island’s Fair Housing Practices Act to add prior incarceration status to the list of protected characteristics in housing. It prohibits landlords and their agents from asking about an applicant’s criminal history in the form of prior incarceration, from refusing to sell, rent, lease, or otherwise provide housing because a person has been incarcerated, and from using incarceration status in advertisements, terms, conditions, or services related to housing. It also bars misrepresenting housing availability or delaying applications based on prior incarceration, and it extends similar protections to people associated with the applicant or tenant. The bill also makes conforming changes to the law governing housing-related lending and financial assistance, so that lenders and other financial institutions may not discriminate based on prior incarceration in connection with loans or assistance for acquisition, construction, rehabilitation, repair, or maintenance of housing. The bill preserves existing fair housing protections for race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of income, military status, disability, age, familial status, and domestic abuse-related status, while clarifying that landlords may still set nondiscriminatory standards, verify age, and consider lawful source of income in a limited way. In practical terms, the measure would expand state fair housing law to protect people returning from prison from housing discrimination and from screening questions about incarceration history. It would also reinforce existing disability-access provisions, reasonable accommodation requirements, and anti-retaliation protections already in the statute. The act takes effect upon passage. The overall sentiment reflected in the bill materials is supportive and reform-oriented, with the stated purpose of reducing barriers to housing for people with prior incarceration. The bill caption and explanatory statement frame it as a fair housing measure aimed at preventing discrimination against people released from prison. No committee testimony or recorded votes were provided, so there is no documented opposition in the supplied materials. The main point of contention likely concerns whether landlords should be allowed to inquire about or consider prior incarceration when screening tenants, balanced against concerns about public safety, tenant selection, and housing access for people with criminal records. The bill resolves that issue in favor of limiting such inquiries and discrimination, while still preserving a landlord’s ability to proceed with eviction actions under existing law and to enforce neutral housing standards.

Impact

This bill would amend § 34-37-4 of the Rhode Island General Laws, the Fair Housing Practices Act, to expressly prohibit housing discrimination based on prior incarceration and to bar inquiries into an applicant’s former address of residence through rental applications. It would also extend the same anti-discrimination rules to housing-related lending and financial assistance, affecting landlords, property managers, lenders, and other credit-granting institutions. The measure would add incarceration status to the protected categories in state fair housing law and would take effect immediately upon passage.

Sentiment

The bill appears to have a generally supportive, pro-reentry, and housing-access-oriented sentiment based on its text and legislative explanation. It is framed as a civil rights and fair housing expansion intended to reduce barriers for people with prior incarceration. No votes or committee transcripts were provided, so there is no recorded floor or committee debate to indicate broader support or opposition beyond the bill’s stated purpose.

Contention

The likely contention is between advocates for fair housing and reentry, who support limiting tenant screening based on criminal history, and landlords or housing providers who may want to retain discretion to ask about incarceration history when evaluating applicants. The bill addresses that tension by prohibiting inquiries and discrimination tied to prior incarceration while preserving neutral screening standards, age verification, and existing eviction remedies. No specific objections were documented in the provided materials.

Companion Bills

No companion bills found.

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