Rhode Island General Laws 31-44-5. Reprisals
(a) No licensee shall take reprisal(s) against a resident or prospective resident or association formed pursuant to § 31-44-3.1.
Terms Used In Rhode Island General Laws 31-44-5
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Licensee: means any person or agent licensed under Rhode Island General Laws 31-44-1
- Prospective resident: means an applicant for admission to a mobile- and manufactured-home park who is ready, willing, and able to buy a mobile and manufactured home owned and offered for sale by a licensee or resident, and who is able to meet the entrance requirements of the rules of the park. See Rhode Island General Laws 31-44-1
- Protected lawful action: means any report of a violation of this chapter, or of any applicable building or health code, or any other justified complaint to a governmental authority, or any other justified lawful act by the resident(s) or prospective resident(s). See Rhode Island General Laws 31-44-1
- Reprisal: means any act taken against the resident(s) which is intended as a penalty for any protected lawful action taken by the resident(s). See Rhode Island General Laws 31-44-1
- Resident: means an owner or renter occupying a mobile and manufactured home in a mobile- and manufactured-home park with the consent of the owner as defined in subdivision (11) of this section. See Rhode Island General Laws 31-44-1
(b) An increase in rent, nonrenewal of lease, refusal to offer a lease, or termination of tenancy, taken by a licensee against a resident, prospective resident, or association within six (6) months after the resident, prospective resident, or association has taken any protected lawful action, shall create a rebuttable presumption that the act by the licensee is a reprisal. Reprisal may be pleaded as a defense in any court proceeding brought against a resident or prospective resident after he or she has taken any protected lawful action.
(c) In addition to any other remedy under this chapter, a resident, prospective resident, or association who has been the subject of a reprisal shall be entitled to the remedies provided for retaliatory actions in § 34-18-46.
History of Section.
P.L. 1984, ch. 382, § 2; P.L. 1990, ch. 307, § 1; P.L. 1994, ch. 182, § 1; P.L. 1998, ch. 57, § 1.