AN ACT RELATING TO PROPERTY -- RHODE ISLAND FAIR HOUSING PRACTICES ACT (Prohibits landlords from inquiring about an applicant's prior incarceration and from discriminating against those who have been released from prison.)

H7034

2026 -- H 7034
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LC003763
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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 -- RHODE ISLAND FAIR HOUSING PRACTICES ACT

Introduced By:
Representatives J. Lombardi, Hull, Ajello, Sanchez, Cruz, Potter, Stewart,
Alzate, and Felix

Date Introduced:
January 09, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 34-37-4 of the General Laws in Chapter 34-37 entitled "Rhode Island
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Fair Housing Practices Act" is hereby amended to read as follows:
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34-37-4. Unlawful housing practices.
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(a) No owner having the right to sell, rent, lease, or manage a housing accommodation as
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defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be
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made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation,
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gender identity or expression, marital status, lawful source of income, military status as a veteran
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with an honorable discharge or an honorable or general administrative discharge, servicemember
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in the armed forces, country of ancestral origin, or disability, age, familial status
, whether the
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applicant for housing has been incarcerated,
nor make any written or oral inquiry concerning
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whether a tenant or applicant or a member of the household is, or has been, or is threatened with
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being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is
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seeking relief from any court in the form of a restraining order for protection from domestic abuse,
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of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or
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indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the
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housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity
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or expression, marital status, lawful source of income, military status as a veteran with an honorable
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discharge or an honorable or general administrative discharge, servicemember in the armed forces,
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country of ancestral origin, disability, age, or familial status
or the prior incarceration
of the

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individual or the race, color, religion, sex, sexual orientation, gender identity or expression, marital
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status, lawful source of income, military status as a veteran with an honorable discharge or an
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honorable or general administrative discharge, servicemember in the armed forces, country of
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ancestral origin or disability, age, or familial status of any person with whom the individual is or
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may wish to be associated; or shall, or on the basis that a tenant or applicant, or a member of the
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household, is or has been, or is threatened with being, the victim of domestic abuse, or that the
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tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a
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restraining order for protection from domestic abuse. Nor shall an owner having the right to sell,
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rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of
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these, directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the
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housing accommodation that indicates any preference, limitation, specification, or discrimination
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based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital
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status, lawful source of income, military status as a veteran with an honorable discharge or an
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honorable or general administrative discharge, servicemember in the armed forces, country of
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ancestral origin, disability, age, familial status,
incarceration status
or on the basis that a tenant or
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applicant or a member of the household is, or has been, or is threatened with being the victim of
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domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any
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court in the form of a restraining order for protection from domestic abuse, or shall, directly or
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indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual
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orientation, gender identity or expression, marital status, lawful source of income, military status
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as a veteran with an honorable discharge or an honorable or general administrative discharge,
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servicemember in the armed forces, country of ancestral origin, disability, age, familial status,
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incarceration status
or on the basis that a tenant or applicant or a member of the household is, or
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has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant
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has obtained, or sought, or is seeking relief from any court in the form of a restraining order for
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protection from domestic abuse, in the terms, conditions, or privileges of the sale, rental, or lease
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of any housing accommodation or in the furnishing of facilities or services in connection with it.
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Nor shall an owner having the right to sell, rent, lease, or manage a housing accommodation as
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defined in § 34-37-3, or an agent of any of these, directly or indirectly, misrepresent the availability
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of a housing accommodation or delay the processing of applications relating to the sale, rental, or
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lease of the housing accommodation based upon an individual’s race, color, religion, sex, sexual
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orientation, gender identity or expression, marital status, lawful source of income, military status
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as a veteran with an honorable discharge or an honorable or general administrative discharge,
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servicemember in the armed forces, country of ancestral origin, disability, age, familial status,
prior

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incarceration
or on the basis that a tenant or applicant or a member of the household is, or has been,
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or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained,
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or sought, or is seeking relief from any court in the form of a restraining order for protection from
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domestic abuse.
Nor shall any owner or agent inquire directly or indirectly, to include, but not
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limited to, by way of a rental application, regarding the former address of residence of the applicant.
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Nothing in this section shall be construed to prohibit any oral or written inquiry as to
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whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the
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source, amount, and expected duration of the lawful source of income of the prospective purchaser
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or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory
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standards and preferences or terms, conditions, limitations, or specifications permitted under
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subsection (c) of this section.
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(b) No person to whom application is made for a loan or other form of financial assistance
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for the acquisition, construction, rehabilitation, repair, or maintenance of any housing
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accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be
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made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender
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identity or expression, marital status, military status as a veteran with an honorable discharge or an
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honorable or general administrative discharge, servicemember in the armed forces, country of
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ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether
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a tenant or applicant or a member of the household is, or has been, or is threatened with being the
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victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking
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relief from any court in the form of a restraining order for protection from domestic abuse, of any
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individual seeking the financial assistance, or of existing or prospective occupants or tenants of the
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housing accommodation; nor shall any person to whom the application is made in the manner
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provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the
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obtaining or use of any financial assistance against any applicant because of the race, color, religion,
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sex, sexual orientation, gender identity or expression, marital status, military status as a veteran
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with an honorable discharge or an honorable or general administrative discharge, servicemember
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in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that
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a tenant or applicant or a member of the household is, or has been, or is threatened with being the
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victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief
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from any court in the form of a restraining order for protection from domestic abuse, of the applicant
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or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed
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to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).
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(c) Nothing contained in this section shall be construed in any manner to prohibit or limit

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the exercise of the privilege of every person and the agent of any person having the right to sell,
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rent, lease, or manage a housing accommodation to establish standards and preferences and set
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terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or
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in the furnishing of facilities or services in connection therewith that do not discriminate on the
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basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital
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status, lawful source of income, military status as a veteran with an honorable discharge or an
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honorable or general administrative discharge, servicemember in the armed forces, country of
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ancestral origin, disability, age, familial status,
prior incarceration
or on the basis that a tenant or
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applicant or a member of the household is, or has been, or is threatened with being the victim of
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domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any
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court in the form of a restraining order for protection from domestic abuse, of any prospective
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purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation,
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gender identity or expression, marital status, lawful source of income, military status as a veteran
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with an honorable discharge or an honorable or general administrative discharge, servicemember
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in the armed forces, country of ancestral origin, disability, age, or familial status
or prior
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incarceration
of any person with whom the prospective purchaser, lessee, tenant, or occupant is or
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may wish to be associated. Nothing contained in this section shall be construed in any manner to
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prohibit or limit the exercise of the privilege of every person and the agent of any person making
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loans for, or offering financial assistance in, the acquisition, construction, rehabilitation, repair, or
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maintenance of housing accommodations to set standards and preferences, terms, conditions,
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limitations, or specifications for the granting of loans or financial assistance that do not discriminate
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on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression,
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marital status, military status as a veteran with an honorable discharge or an honorable or general
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administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,
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age, familial status,
prior incarceration
or on the basis that a tenant or applicant or a member of the
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household is, or has been, or is threatened with being the victim of domestic abuse, or that the
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tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a
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restraining order for protection from domestic abuse, of the applicant for the loan or financial
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assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing
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accommodation. If a landlord requires that a prospective or current tenant have a certain minimum
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level of income, the standard for assessing eligibility shall be based only on the portion of the rent
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to be paid by the tenant, taking into account the value of any federal, state, or local rental assistance
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or housing subsidy.
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(d) An owner may not refuse to allow a person with a disability to make, at his or her

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expense, reasonable modifications of existing premises occupied or to be occupied by the person if
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the modifications may be necessary to afford the person full enjoyment of the premises, except that,
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in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a
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modification on the renter agreeing to restore the interior of the premises to the condition that
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existed before the modification, reasonable wear and tear excepted. Where it is necessary in order
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to ensure with reasonable certainty that funds will be available to pay for the restorations at the end
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of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring
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that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable
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amount of money not to exceed the cost of the restorations. The interest in the account shall accrue
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to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will
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be subject to § 34-18-19(b) through (f) inclusive.
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(e)(1) An owner may not refuse to make reasonable accommodations in rules, policies,
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practices, or services when those accommodations may be necessary to afford an occupant with a
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disability equal opportunity to use and enjoy a dwelling.
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(2) Every person with a disability who has a guide dog or other personal assistive animal,
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or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal
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access to all housing accommodations provided for in this section and shall not be required to pay
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extra compensation for the guide dog or other personal assistive animal but shall be liable for any
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damage done to the premises by a guide dog or other personal assistive animal. For the purposes
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of this subsection, a “personal assistive animal” is an animal specifically trained by a certified
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animal training program to assist a person with a disability to perform independent living tasks.
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(f) Any housing accommodation of four (4) units or more constructed for first occupancy
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after March 13, 1991, shall be designed and constructed in such a manner that:
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(1) The public use and common use portions of the dwellings are readily accessible to and
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usable by persons with disabilities;
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(2) All the doors designed to allow passage into and within all premises within the
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dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;
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(3) All premises within the dwellings contain the following features of adaptive design:
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(i) Accessible route into and through the dwelling;
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(ii) Light switches, electrical outlets, thermostats, and other environmental controls in
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accessible locations;
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(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and
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(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver
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about the space. To the extent that any state or local building codes, statutes, or ordinances are

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inconsistent with this section, they are hereby repealed. The state building code standards
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committee is hereby directed to adopt rules and regulations consistent with this section as soon as
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possible, but no later than September 30, 1990.
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(g) Compliance with the appropriate requirements of the state building code 14
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“accessibility for individuals with disabilities for residential use groups” suffices to satisfy the
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requirements of subsection (f).
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(h) As used in subsection (f), the term “housing accommodation of four (4) units or more”
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means:
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(1) Buildings consisting of four (4) or more units if those buildings have one or more
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elevators; and
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(2) Ground floor units in other buildings consisting of four (4) or more units.
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(i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that
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requires a greater degree of accessibility to persons with disabilities.
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(j) Nothing in this section requires that a dwelling be made available to an individual whose
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tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy
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would result in substantial physical damage to the property of others.
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(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee,
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sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent,
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lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the
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person selected.
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(l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this
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section to be an unlawful housing practice; or obstruct or prevent any person from complying with
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the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to
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commit any act declared by this section to be an unlawful housing practice.
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(m) No owner; person defined in § 34-37-3(13); person to whom application is made for a
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loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or
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maintenance of any housing accommodation, whether secured or unsecured; no financial
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organization governed by the provisions of title 19 or any other credit-granting commercial
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institution; or respondent under this chapter; or any agent of these shall discriminate in any manner
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against any individual because he or she has opposed any practice forbidden by this chapter, or
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because he or she has made a charge, testified, or assisted in any manner in any investigation,
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proceeding, or hearing under this chapter.
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(n) Nothing in this section shall prevent a landlord from proceeding with eviction action
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against a tenant who fails to comply with § 34-18-24(7).

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SECTION 2. 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 -- RHODE ISLAND FAIR HOUSING PRACTICES ACT
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This act would prohibit landlords from inquiring about an applicant’s prior incarceration
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and from discriminating against those who have been released from prison.
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This act would take effect upon passage.
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LC003763
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