AN ACT RELATING TO PROPERTY -- FAIR CHANCE IN HOUSING BACKGROUND CHECKS ACT (Limits how landlords use criminal history in rental decisions by delaying background checks until after a conditional offer has been made, restricting which records may be considered, banning discriminatory ads, and providing enforcement and penalties.)

S2591

2026 -- S 2591
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LC004187
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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 -- FAIR CHANCE IN HOUSING BACKGROUND CHECKS
ACT

Introduced By:
Senators Kallman, Mack, Bissaillon, DiMario, Euer, Ujifusa, and Acosta

Date Introduced:
February 13, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by
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adding thereto the following chapter:
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CHAPTER 18.3
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FAIR CHANCE IN HOUSING BACKGROUND CHECKS ACT
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34-18.3-1. Short title.

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This chapter shall be known and may be cited as the "Fair Chance in Housing Background
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Checks Act".
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34-18.3-2. Definitions.

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For purposes of this chapter, the following terms shall have the following meanings:
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(1) "Applicant" means any person considered for or who requests to be considered for
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tenancy within a rental dwelling unit.
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(2) "Conditional offer" means an offer to rent or lease a rental dwelling unit to an applicant
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that is contingent on a subsequent inquiry into the applicant’s criminal record, or any other
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eligibility criteria that the housing provider may lawfully utilize.
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(3) "Criminal record" means information collected by criminal justice agencies on
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individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments,
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or other formal criminal charges, and any disposition arising therefrom, including acquittal,
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sentencing, correctional supervision, release or conviction including, but not limited to, any

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sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of
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incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.
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(4) "Housing provider" means a landlord, an owner, lessor, sublessor, assignee, or their
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agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy
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of any rental dwelling unit.
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(5) "Pending criminal accusation" means an existing accusation that an individual
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committed a crime, lodged by a law enforcement agency through an indictment, information,
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complaint, or other formal charge.
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(6) "Rental dwelling unit" means a dwelling unit offered for rent by a housing provider for
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residential purposes, other than a dwelling unit in an owner-occupied premises of not more than
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three (3) dwelling units.
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34-18.3-3. Restriction on use of criminal record.

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(a) A housing provider shall not require an applicant to complete any housing application
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that includes any inquiries regarding an applicant's criminal record prior to the provision of a
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conditional offer, except that a housing provider may inquire as provided in § 34-18.3-4.
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(b) A housing provider shall not make any oral or written inquiry regarding an applicant's
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criminal record prior to making a conditional offer, except that a housing provider may inquire as
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provided in § 34-18.3-4.
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(c) An applicant may provide evidence to the housing provider demonstrating inaccuracies
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within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.
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(d) Prior to accepting any application fee, a housing provider shall disclose in writing to
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the applicant:
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(1) Whether the eligibility criteria of the housing provider includes the review and
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consideration of criminal history; and
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(2) A statement that the applicant, pursuant to subsection (a) of this section, may provide
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evidence demonstrating inaccuracies within the applicant's criminal record or evidence of
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rehabilitation or other mitigating factors.
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(e) After the issuance of a conditional offer to an applicant, a housing provider may only
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consider a criminal record in the applicant's history that:
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(1) Has occurred within the ten (10) years immediately preceding the issuance of the
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conditional offer; and
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(2) Is murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery,
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first degree sexual assault, second degree sexual assault, first and second degree child molestation,
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assault with intent to murder, assault with intent to rob, assault with intent to commit first degree

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sexual assault, burglary, entering a dwelling house with intent to commit murder, robbery, sexual
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assault, or larceny, human trafficking, drug-related criminal activity for the manufacture or
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production of methamphetamine on the premises of any residential housing or federally assisted
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housing, or any crime that resulted in lifetime registration in a state sex offender registry.
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(f) A housing provider shall not, either before or after the issuance of a conditional offer,
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evaluate an applicant based on any of the following types of criminal records:
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(1) Arrests or charges that have not resulted in a criminal conviction;
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(2) Expunged convictions;
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(3) Convictions erased through executive pardon;
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(4) Vacated and otherwise legally nullified convictions;
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(5) Juvenile adjudications of delinquency;
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(6) Records that have been sealed.
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(g) A housing provider may withdraw a conditional offer based on an applicant's criminal
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record only if the withdrawal is justified by a substantial, legitimate, nondiscriminatory interest.
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(h) The housing provider's determination of a nondiscriminatory interest shall be
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reasonable in light of the following factors:
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(1) The nature and severity of the criminal offense;
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(2) The age of the applicant at the time of the occurrence of the criminal offense;
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(3) The time which has elapsed since the occurrence of the criminal offense;
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(4) Any information produced by the applicant, or produced on the applicant's behalf, in
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regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal
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offense;
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(5) The degree to which the criminal offense, if it reoccurred, would negatively impact the
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safety of the housing provider’s other tenants or property; and
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(6) Whether the criminal offense occurred on or was connected to property that was rented
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or leased by the applicant.
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(i) If a housing provider withdraws a conditional offer, the housing provider shall provide
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the applicant with written notification that includes, with specificity, the reason or reasons for the
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withdrawal of the conditional offer and a notice that advises the applicant of the applicant's right to
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file a complaint with the Rhode Island commission for human rights pursuant to § 34-18.3-5.
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(j) The applicant may request, within twenty (20) days after the housing provider's notice
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of the withdrawal, that the housing provider afford the applicant a copy of all information that the
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housing provider relied upon in considering the applicant, including criminal records. A housing
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provider shall provide the information requested free of charge, within ten (10) days after receipt

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of a timely request.
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(k) Nothing set forth in this chapter shall be construed to prohibit a housing provider from
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requiring an applicant to complete a housing application that includes any inquiries regarding an
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applicant's criminal record after the conditional offer is provided or from making any oral or written
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inquiries regarding an applicant's criminal record after the conditional offer is provided.
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(l) Unless otherwise permitted or required by law, a housing provider shall not knowingly
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or purposefully publish, or cause to be published, any housing advertisement that explicitly
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provides that the housing provider will not consider any applicant who has been arrested or
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convicted of one or more crimes or offenses.
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34-18.3-4. Applicability.

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This chapter shall not apply:
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(1) If, and only to the extent, a federal law or regulation requires the housing provider to
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consider an applicant's criminal records for residential leasing purposes; or
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(2) If a federal law or regulation otherwise allows for the denial of an applicant due to
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certain criminal convictions.
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34-18.3-5. Civil liability.

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(a) A person claiming to be aggrieved pursuant to § 34-18.3-3 may file a complaint with
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the Rhode Island commission for human rights pursuant to chapter 37 of title 34.
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(b) Any housing provider who violates this chapter shall be liable for a civil penalty in an
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amount not to exceed one thousand dollars ($1,000) for the first violation, five thousand dollars
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($5,000) for a second violation, and ten thousand dollars ($10,000) for each subsequent violation
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collectible by the attorney general.
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(c) The Rhode Island commission for human rights is empowered and directed to prevent
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any person from violating any of the provisions of § 34-18.3-3; provided that, before instituting a
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formal hearing it shall attempt by informal methods of conference, persuasion, and conciliation, to
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induce compliance with that section. Upon the commission's own initiative or whenever an
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aggrieved individual or an organization chartered for the purpose of combating discrimination or
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of safeguarding civil liberties or rights of persons, the individual or organization, hereinafter
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referred to as the "complainant", makes a charge to the commission that any person, agency, bureau,
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corporation or association, hereinafter referred to as the "respondent", has violated or is violating
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any of the provisions of § 34-18.3-3, the commission may proceed in the same manner and with
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the same powers as provided in §§ 34-37-5 and 34-37-6.
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34-18.3-6. Discriminatory advertising prohibited.

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(a) A housing provider shall not knowingly or purposefully publish, or cause to be

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published, any housing advertisement that explicitly provides that the housing provider will not
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consider any applicant who has been arrested or convicted of one or more crimes or offenses, except
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for that criminal activity as provided for in § 34-18.3-4.
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(b) A housing provider shall not print, publish, circulate, issue, display, post, or mail, or
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cause to be printed, published, circulated, issued, displayed, posted, or mailed any statement,
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advertisement, publication, or sign, or use any form of application for the rental, lease, or sublease
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of any real property or part or portion thereof or make any record or inquiry in connection with the
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prospective rental, lease, or sublease of any real property or part or portion thereof which expresses,
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directly or indirectly, any unlawful limitation, specification or discrimination as to criminal record,
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except as permitted by this chapter, and except for that criminal activity as provided for in § 34-
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18.3-4.
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(c) Unless otherwise required by law, a housing provider shall not:
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(1) Distribute or disseminate an applicant's criminal record to any person who is not
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expected to use the criminal record for the purpose of evaluating the applicant in a manner
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consistent with this chapter; or
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(2) Use an applicant's criminal record for a purpose that is not consistent with this chapter.
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34-18.3-7. Drug and alcohol testing prohibited.

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Except as may be required under federal law or as a condition of occupancy for any
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residential treatment facility, a housing provider shall not require an applicant to submit to a drug
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or alcohol test, or request the applicant's consent to obtain information from a drug abuse treatment
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facility.
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34-18.3-8. Unlawful acts by housing providers -- Retaliation prohibited.

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It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the
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exercise or enjoyment of, or on account of the person having exercised or enjoyed, or on account
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of the person having aided or encouraged any other person in the exercise or enjoyment of, any
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right granted or protected by this chapter. No housing provider under this chapter or any agent of
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that individual shall discriminate in any manner against any person because the person has opposed
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any practice forbidden by this chapter, or because the person has made a charge, testified, or
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assisted in any manner in any investigation, proceeding, or hearing under this chapter.
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34-18.3-9. Severability.

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If any portion of this law is found by a court of competent jurisdiction to be unlawful, such
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finding shall not affect any other portion of said law not specifically so found.

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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 -- FAIR CHANCE IN HOUSING BACKGROUND CHECKS
ACT
***
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This act would limit how landlords use criminal history in rental decisions by delaying
2
background checks until after a conditional offer has been made, restricting which records may be
3
considered, banning discriminatory ads, and provides enforcement and penalties. This act would
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also provide that applicants denied housing as a result of an alleged violation of this chapter may
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file a complaint with commission for Human Rights. Landlords that violate the provisions would
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be liable for a penalty of one thousand dollars ($1,000) for the first violation, a second violation
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penalty of five thousand dollars ($5,000) and a third violation of ten thousand dollars ($10,000).
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This act would take effect upon passage.
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