Limits the use of certain criminal records and credit history reports in denying housing to prospective applicants, and provides for fines for failure to comply. This act further requires notices of denials to be sent to the prospective tenants.
S0209 creates the “Fair Chance in Housing Act” and adds a new chapter to Rhode Island’s property laws governing rental screening. The bill generally prohibits housing providers from asking about an applicant’s criminal record before making a conditional offer of housing, and it limits what criminal history may be considered afterward. After a conditional offer, a landlord may consider only certain serious convictions from the prior 10 years, while excluding arrests not leading to conviction, expunged or sealed records, pardoned convictions, vacated convictions, and juvenile delinquency records. The bill also bars housing advertisements that explicitly state applicants with arrests or convictions will not be considered, and it prohibits drug or alcohol testing of applicants except where federal law or a residential treatment setting requires it.
The bill also adds disclosure and notice requirements. Before accepting an application fee, a housing provider must disclose whether criminal history will be reviewed and must inform applicants that they may submit evidence of inaccuracies, rehabilitation, or other mitigating factors. If a conditional offer is withdrawn, the provider must give a written explanation and advise the applicant of the right to file a complaint with the Rhode Island Commission for Human Rights. Applicants may request the information used in the decision, and the landlord must provide it free of charge within a set time. The bill further limits credit-history screening by requiring landlords who use credit history to consider only the prior three years and to provide a written denial notice stating the reason for denial.
The bill’s impact on state law would be to expand Rhode Island fair-housing protections and regulate tenant-screening practices more tightly. It creates enforceable duties for landlords, owners, and their agents, and it authorizes civil penalties of up to $1,000 for a first violation, $5,000 for a second, and $10,000 for subsequent violations, collectible by the attorney general. It also gives the Rhode Island Commission for Human Rights authority to investigate and pursue complaints under the new chapter. The act would take effect immediately upon passage.
The overall sentiment reflected in the available materials is supportive and reform-oriented, with the bill framed as a “fair chance” measure intended to reduce barriers to housing for people with criminal records and to improve transparency in rental decisions. The bill text and caption emphasize limiting exclusionary screening practices and requiring notice to prospective tenants, suggesting a consumer- and civil-rights-focused approach. No committee transcript or vote record is available in the provided materials, so there is no recorded opposition or floor debate to assess.
The main points of contention likely center on the balance between housing access and landlord discretion. The bill allows consideration of only certain serious offenses within a 10-year window, but housing providers may view the restrictions and penalties as limiting their ability to screen for safety and risk. The specific list of offenses, the prohibition on considering many types of records, and the requirement to provide records and written explanations could also be debated as burdensome compliance obligations. The bill includes exceptions where federal law requires or permits criminal-record screening, which may be important to stakeholders concerned about preemption and compliance with federal housing rules.
The bill amends Title 34 of the Rhode Island General Laws by adding a new chapter to regulate criminal-record and credit-history screening in rental housing. It restricts when and how landlords and other housing providers may inquire into criminal history, bars consideration of many non-conviction and sealed/expunged records, limits post-offer review to specified serious offenses from the prior 10 years, and imposes notice, disclosure, and record-sharing requirements. It also creates civil penalties and enforcement authority through the Rhode Island Commission for Human Rights and the attorney general, while separately limiting credit-history lookback to three years and requiring denial notices.
The bill appears to have a generally favorable, reform-minded posture, consistent with fair-chance housing and anti-discrimination policy goals. Its caption and text indicate an intent to expand access to housing for applicants with criminal records and to increase transparency in rental screening. No committee testimony or votes were provided, so there is no documented opposition or recorded legislative split in the supplied materials.
Likely areas of contention include landlord screening discretion, tenant safety concerns, and the administrative burden of compliance. Housing providers may object to restrictions on asking about criminal history before a conditional offer, the exclusion of many record types, the mandated disclosure and document-production requirements, and the civil penalties for violations. Supporters would likely emphasize rehabilitation, second chances, and the need to prevent blanket exclusions from housing based on criminal history or outdated credit information.