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SB 2901

AN ACT RELATING TO TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY CODE

2026 Regular Session Introduced by Jake Bissaillon and 3 co-sponsors

Tenants may withhold and escrow rent after a second housing code violation notice to pressure timely repairs, while landlords must disclose violations to tenants and prospective re

05/07/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2901

Summary of SB 2901 (Rhode Island) – 2026 Session

Title: An Act Relating to Towns and Cities — Housing Maintenance and Occupancy Code

Date Introduced: March 4, 2026
Committee: Senate Housing & Municipal Government
Sponsors: Senators Mack, DiMario, Kallman, Bissaillon (co-sponsors: Meghan Kallman, Alana DiMario, Tiara Mack, Jake Bissaillon)

1) Purpose and Intent

SB 2901 aims to bolster tenant protections in the context of housing code enforcement. Specifically, it authorizes tenants to withhold rent and place rent into an escrow account after a second notice of violation is issued for unresolved minimum housing code violations, thereby providing a financial lever to press landlords to remedy violations promptly. The act also expands duties on landlords to notify tenants of violations and to disclose outstanding violations to prospective tenants.

2) Key Provisions and Changes

A. Housing Maintenance and Occupancy Code – Notice of Violation (amends 45-24.3-17)

  • Enforcing officers must issue a written notice when a dwelling unit or related premises fails to meet code requirements.
  • The notice must:
    • State the alleged violations.
    • Describe the affected dwelling/structure.
    • Provide a reasonable correction period (up to 30 days).
    • Be served personally or via certified/registered mail to the owner, occupant, operator, or agent.
  • For nonresident owners, the bill requires maintaining a registered agent in Rhode Island with the clerk of the city/town.
  • If personal service cannot be achieved after diligent effort, service may be posted or published for 3 consecutive days.
  • Reinspection occurs after the correction period; if violations persist, a second notice of violation is issued, with a new 30-day deadline.
  • A second notice triggers recording of the notice in the land registry and a three-year effectiveness period, with penalties tied to compliance.
  • If the violation is not cured, the second notice is recorded, and the enforcement process continues through hearings or court appeal.
  • Transfers of property after a second notice are bound by the recorded notice.

B. Landlord-Tenant Provisions – Escrow and Disclosure (amends 34-18)

  • 34-18-22.1 (Landlord’s duties)
    • Within 30 days of receipt of a housing code violation notice, landlords must share the notice with all affected residential tenants unless the landlord cures all violations.
    • Before entering into a residential lease, landlords must inform prospective tenants of any outstanding minimum housing code violations.
    • Upon issuance of a second violation notice, tenants may withhold rent and deposit it into an escrow account equal to the rent due as an abatement for the landlord’s failure to correct timely.
  • 34-18-32 (Landlord noncompliance as defense)
    • In eviction/rent actions, tenants may counterclaim for amounts recoverable under the rental agreement or housing code provisions.
    • Courts may require rent to be paid into court and determine the net amount owed to each party.
    • If the tenant’s counterclaim defeats the rent due, a judgment may be entered for the tenant.
    • If the counterclaim is frivolous, the landlord may recover attorney’s fees.

3) Affected Parties and Impacts

  • Tenants/Residents: Enhanced protection through potential rent escrow after a second violation notice, enabling financial leverage to secure timely repairs; disclosure rights regarding violations to prospective tenants.
  • Landlords/Property Owners: New requirements to notify tenants of violations within 30 days and to disclose outstanding violations to prospective tenants; potential financial exposure via rent escrow in cases of delayed remediation.
  • Landlords with Nonresident Ownership: Must appoint a registered agent in Rhode Island to receive notices; penalties for failing to maintain a registered agent.
  • Municipal/State Housing Code Agencies: Expanded enforcement mechanism allowing for recorded notices and escrow-based remedies.

4) Procedural and Timeline Aspects

  • Initial notice of violation must be issued, with a correction period not to exceed 30 days.
  • If violations persist, a second notice is issued, with another up-to-30-day period for correction.
  • Upon recording a second notice, the notice remains effective for three years unless renewed or actions are taken.
  • Tenant rent escrow can be triggered following a second notice, pending correction.
  • The act takes effect upon passage.

5) Overall Assessment

SB 2901 introduces a structured framework to accelerate remediation of housing code violations by:
- Empowering tenants to withhold and escrow rent to incentivize timely repairs.
- Expanding landlord transparency and notice requirements.
- Providing clear procedures for service, enforcement, and transfer of properties with recorded notices.

The bill balances tenant protections with enforceable remedies for landlords, while adding administrative responsibilities for property owners, including nonresident owners.

Compiled from official sources — confirm details with the bill’s official record.

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