Allows for a tenant to withhold payment of rent, and deposit the rent accruing into an escrow bearing account, upon the issuance of a second notice of violation by an enforcing officer for any state or local minimum housing code enforcement agency.
Summary
This bill amends Rhode Island’s Housing Maintenance and Occupancy Code and Residential Landlord and Tenant Act to strengthen the process for addressing housing code violations and to give tenants a clearer rent-withholding remedy when serious violations remain unresolved. It requires enforcing officers to issue written notices of violation, allows service by mail, posting, or publication when necessary, and directs a reinspection after the correction period. If violations are still not corrected after reinspection, the officer must issue a second notice of violation and order correction within another limited period unless a hearing is requested.
The bill also requires that, upon issuance of a second notice of violation, the tenant pay all or part of the rent into an escrow-bearing account until the violations are corrected, with the amount tied to the rent abatement the tenant may be entitled to receive. It further requires landlords to notify tenants of cited housing code violations, disclose outstanding violations before signing a residential lease, and allows tenants to raise landlord noncompliance as a defense or counterclaim in rent or possession actions. The measure also preserves existing procedures for recording notices in land records, imposes duties on nonresident owners to maintain a registered agent, and makes it unlawful to transfer or encumber property without disclosing outstanding notices or orders.
Impact
The bill would amend two existing statutory schemes: the Housing Maintenance and Occupancy Code in Title 45 and the Residential Landlord and Tenant Act in Title 34. Its main legal effect is to expand tenant remedies and landlord disclosure obligations when minimum housing code violations persist after official notice, while also reinforcing enforcement tools such as recorded notices, liens, and notice to subsequent purchasers or mortgagees. It would affect landlords, tenants, housing code enforcement agencies, and property transferees, especially in cases involving unresolved habitability or maintenance violations.
Sentiment
Based on the bill text and caption, the measure appears to be framed as a tenant-protection and housing-enforcement bill, with a generally pro-tenant and pro-code-compliance orientation. No committee transcript or vote record is available in the provided materials, so there is no documented debate or recorded support/opposition to characterize the political sentiment beyond the bill’s stated purpose.
Contention
The most likely points of contention are the rent-escrow requirement after a second violation notice, the potential for tenants to withhold rent while violations remain unresolved, and the added compliance burden on landlords, particularly nonresident owners who must maintain a registered agent and disclose violations before leasing or transferring property. Landlords may view the bill as increasing exposure to rent abatement claims and limiting their flexibility in selling, leasing, or financing affected properties, while tenant advocates would likely support the stronger enforcement and disclosure provisions. No specific objections or amendments are available in the record provided.