As a House commission studying Rhode Island landlord-tenant law met to prepare its final report Monday, tenants’ rights organizations made a last-minute push for lawmakers to pass legislation to restrict the reasons landlords can use to justify evictions or refuse to renew a lease.
A proposal to codify “just cause evictions” surfaced as the 11-member commission formed last summer held its final meeting, drawing opposition from Realtors and landlords who argued such a measure was merely masquerading as a rent freeze.
Commissioner Daniel Denvir, the co-chair of the tenant organizing group Reclaim Rhode Island, said he made the recommendation so that landlords can’t evict their renters for arbitrary reasons.
“It is overwhelmingly, emphatically the singular thing that the tenant movement in this state wants,” Denvir said. “You need a just cause to evict someone. You can’t terminate a residency because a landlord said so.”
Just cause legislation was introduced in both chambers in February. The House version is sponsored by Rep. Cherie Cruz, a Pawtucket Democrat, and the Senate bill is sponsored by Tiara Mack, a Providence Democrat. Both bills received judiciary committee hearings and were held for further study, as is standard practice when legislation is first vetted by a panel.
The legislation would cap rent increases at 4% annually or 1½ times the annual percentage change in the consumer price index — similar to the yearly cap municipalities face when raising taxes.
The two Realtors on the commission argued that limiting rent increases will hinder property owners from making further investment into new buildings or maintaining existing ones.
“It’s going to diminish housing, diminish the quality of housing, the quantity of housing,” said Commissioner Shannon Elizabeth Weinstein, an associate broker and partner at RentProv Realty.
Housing advocates have repeatedly cited rising rents as a major factor in Rhode Island’s growing unhoused population.
“Rents have gone through the roof,” Denvir said.
The National Low Income Housing Coalition’s latest “Gap” report found that 64% of extremely low-income renters in Rhode Island spend more than half of their income on housing, leaving little for necessities like food and health care. Just 47 affordable and available rental homes for every 100 households with extremely low incomes, according to the report from the Washington D.C.-based nonprofit.
Under the proposals from Cruz and Mack, landlords would have the ability to raise rent above the prescribed percentage. But if they attempt to evict a tenant for failing to pay the excess amount, the housing court would consider it a “rebuttable presumption” that the increase was unreasonable.
Building owners who manage five units or fewer would remain exempt from the proposed legislation.
But Weinstein said the just cause eviction proposal is “rent control with additional restrictions.”
The commission was created through a House resolution last year to address recent disputes between landlords and tenants involving issues like housing discrimination, maintenance dilemmas, late payments, termination of tenancy and security deposits. It has also reviewed existing laws to determine what clarifications may be needed to language governing the rights and obligations of landlords and tenants.
Under the House resolution that created the panel, the recommendations were due by May 5. But Rep. David Morales, a Providence Democrat who serves as the commission’s vice chair, told Rhode Island Current the group needed more time to refine and finalize its proposed changes.
“One internal discussion turned to several,” he said in an interview.
A final report is expected to be completed Wednesday and then published online Thursday. It will include 11 recommendations discussed and debated by the commission. Both landlords and tenant organizations were in agreement on six of them:
- Seal eviction records when a case is dismissed.
- Seal the names of minors involved in eviction proceedings, and allow individuals aged 18 to 21 with familial ties to a tenant to request that their names also be sealed.
- Require landlords to provide a receipt “without delay” after receiving any rental payment made in cash.
- Allow existing legal services for tenants facing eviction to continue, subject to available funding and income eligibility. Also consider providing financial assistance and supportive services to help tenants remain housed.
- Develop a model form to document tenant repairs.
- Seal eviction records when a tenant prevails over their landlord.
Four recommendations came from landlords, over the objections from tenant groups:
- Allow landlords and renters to file an ex parte motion or request a temporary restraining order during eviction proceedings.
- Permit rent payments after a lease termination date.
- Amending termination notice language to reflect the rental due date as the termination date
- Give tenants the option to pay rent into the court registry when a stay of execution is granted in an eviction case.
The only support for just cause eviction legislation came from Denvir.
Commissioner Julie Finn, executive director of the Warwick Housing Authority, was not present at Monday’s meeting.
This story was originally reported and published by the Rhode Island Current.
