AN ACT RELATING TO TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY CODE -- NOTICE OF VIOLATIONS (Requires a housing code enforcement officer to give a copy of any housing code violation notice to all tenants of the building affected by a housing code violation along with any hearing dates scheduled for the violation.)

H7658

2026 -- H 7658
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LC003742
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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 TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY
CODE -- NOTICE OF VIOLATIONS

Introduced By:
Representatives Cruz, Stewart, Furtado, Kislak, J. Lombardi, Sanchez,
Handy, Morales, Giraldo, and Tanzi

Date Introduced:
February 11, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
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SECTION 1. Section 45-24.3-17 of the General Laws in Chapter 45-24.3 entitled "Housing
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Maintenance and Occupancy Code" is hereby amended to read as follows:
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45-24.3-17. Notice of violation.
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(a) Whenever the enforcing officer determines that any dwelling, dwelling unit, rooming
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unit, or structure, or the premises surrounding any of these, fails to meet the requirements
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established in this chapter or in applicable rules and regulations issued pursuant to this chapter, he
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or she shall issue a notice stating the alleged failures and advising the owner, occupant, operator,
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or agent that the failures must be corrected. This notice shall:
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(1) Be in writing;
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(2) State the alleged violations of the chapter or of applicable rules and regulations issued
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pursuant to it;
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(3) Describe the dwelling, dwelling unit, rooming unit, or structure where the violations
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are alleged to exist or to have been committed;
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(4) Provide a reasonable time, not to exceed thirty (30) days, for the correction of any
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alleged violation;
and
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(5) Be served upon the owner, occupant, operator, or agent of the dwelling, dwelling unit,
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rooming unit, or structure personally, or by certified or registered mail, return receipt requested,
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addressed to the last known place of residence of the owner, occupant, operator, or agent
; and

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(6) Be served to the residents affected by said violations of the dwelling, in person, or by
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certified or registered mail, return receipt requested, and made available for copy and review upon
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request by a tenant at a local municipal code enforcement office
.
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(b) The owner of any dwelling, dwelling unit, rooming unit or structure who is a
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nonresident of the state of Rhode Island shall have and continuously maintain with the city or town
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clerk where the property is located a registered agent, which agent may be either an individual who
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resides in this state or corporation authorized to do business in this state. The landlord’s designation
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shall be in writing, shall include the name and address of the agent, and shall include the street
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address of each property designated to the agent. The agent so appointed shall be the agent of the
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owner upon whom any notice process or demand required or permitted by law to be served may be
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served. Any person who fails to maintain a registered agent shall be subject to a fine of one hundred
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dollars ($100).
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(c) If one or more persons to whom the notice is addressed cannot be found after diligent
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effort to do so, service may be made upon the person or persons by posting a notice in or about the
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dwelling, dwelling unit, rooming unit, or structure described in the notice, or by causing the notice
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to be published in a newspaper of general circulation, for a period of three (3) consecutive days.
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(d) At the end of the period of time allowed for the correction of any alleged violation, the
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enforcing officer shall reinspect the dwelling, dwelling unit, rooming unit, or structure described
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in the notice.
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(e) If upon reinspection the alleged violations are determined by the enforcing officer not
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to have been corrected, he or she shall issue a second notice of violation on which constitutes an
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order requiring that the then existing failures to meet the requirements of this chapter, or of
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applicable existing rules or regulations issued pursuant to it, shall be corrected within a reasonable
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time allowed, but not to exceed thirty (30) days after the date of the reinspection, if the person
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served with the notice does not petition for a hearing on the matter in the manner provided by this
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chapter.
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(f) The enforcing officer shall cause a copy of the second notice to be posted in a
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conspicuous place in or about the dwelling, dwelling unit, rooming unit, or structure where the
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violations are alleged to exist, and shall serve it in the manner provided in this section.
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(g) The enforcing officer, after the expiration of time granted the person served with the
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second notice
shall summon the owner, occupant, operator, or agent to a hearing by the housing
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board of review or by a court of competent jurisdiction. If the dwelling or dwelling unit is leased,
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the enforcing officer shall notify the tenant-occupant of any and all hearings pertaining to alleged
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violations in and around such tenant-occupant’s dwelling or dwelling unit, either by certified mail

LC003742 - Page 2 of 5
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or by causing a copy of the summons to be posted in a conspicuous place in or about the dwelling,
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dwelling unit, rooming unit, or structure where the violations are alleged to exist.

to seek a hearing
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in the manner provided by this chapter, or after final

A final
decision by the housing board of review
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or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second
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notice to be recorded in the land registry of the corporate unit.
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(h) The notice shall state that a cumulative civil penalty has been imposed. Except as
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otherwise provided in this section, no notice and lien recorded under this chapter shall be released
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until the violation has been abated and the penalty imposed, as provided for in § 45-24.3-18, has
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been paid.
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(i) All subsequent transferees of the dwelling, dwelling unit, rooming unit, or structure in
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connection with which a second notice has been so recorded, are deemed to have notice of the
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continuing existence of the alleged violations, and are liable to all penalties and procedures
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provided by this chapter and by applicable rules and regulations issued pursuant to it to the same
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degree as was their transferor.
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(j) It is unlawful for the owner of any residential or non-residential building upon whom a
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notice of violation or order has been served to sell, transfer, mortgage, lease, or dispose of the
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building to another until the provisions of the notice or order have been complied with or until the
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owner first furnishes to the grantee, lessee, or mortgagee prior to the transfer, lease, or mortgage, a
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true copy of any notice or order issued by the enforcing officer, and, at the same time, notify the
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enforcing officer, in writing, of the intent to transfer, lease, or mortgage either by delivering the
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notice of intent to the enforcing officer and receiving a receipt for the notice, or by registered or
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certified mail, return receipt requested, giving the name and address of the person to whom the
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transfer, lease, or mortgage is proposed. A transferee, lessee, or mortgagee who has received actual
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or constructive notice of the existence of a notice or order is bound by the notice or order as of the
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date of the transfer, mortgage, or lease without service of further notice upon him or her.
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(k) The notice, once recorded in the land registry, is effective for a period of three (3) years
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from the date of recording, and, in the absence of an intervening renewal by the enforcing officer
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or by the enforcing officer for the corporate unit taking other action as provided by this chapter,
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shall cease to be a notice of violation at the expiration of the three-year term. Notices already of
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record as of June 18, 1985 will, in the absence of an intervening renewal by the enforcing officer
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or by other action taken by the enforcing officer for the corporate unit under this chapter, cease to
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be a notice of violation at the expiration of three (3) years.

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SECTION 2. This act shall take effect upon passage.
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LC003742
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- HOUSING MAINTENANCE AND OCCUPANCY
CODE -- NOTICE OF VIOLATIONS
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This act would require a housing code enforcement officer to give a copy of any housing
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code violation notice to all tenants of the building affected by a housing code violation along with
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any hearing dates scheduled for the violation.
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This act would take effect upon passage.
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LC003742
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