Rhode Island General Laws 34-45-6. Notice of discontinuance
(a) Not less than two (2) years prior to:
(1) Selling, leasing, or disposing of prepaying obligations secured by a federally insured or assisted development in a manner which would result in either:
(i) A discontinuance of the use of the development as a federally insured or assisted housing development, or
(ii) Cause the termination or expiration of any use restrictions which apply to the development; or
(2) Recording a declaration of condominium, pursuant to chapter 36.1 of this title,
With respect to all or any portion of a federally insured or assisted development, the owner shall provide written notice of such sale, lease, disposition, or prepayments to:
(i) Each tenant of the development,
(ii) The tenant association of the development,
(iii) The corporation,
(iv) The department,
(v) The housing authority of the city or town in which the development is located, and
(vi) The city or town council of the city or town in which the development is located.
Terms Used In Rhode Island General Laws 34-45-6
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Rhode Island housing and mortgage finance corporation, a corporation, instrumentality and agency of the state established pursuant to the Rhode Island housing and mortgage finance corporation act, chapter 55 of Title 42. See Rhode Island General Laws 34-45-4
- Department: means the department of administration. See Rhode Island General Laws 34-45-4
- Development: means any structure or group of structures situated in the state which is federally insured or assisted; provided, however that the term "development" does not include any structure or group of structures which are not federally insured or assisted, although such structures may be commonly owned with units that receive such federal assistance or sent to such units; and provided further than this chapter shall not apply to a development whose owner gave notice to the United States department of housing and urban development pursuant to § 262 of the Housing and Community Development Act of 1987, Rhode Island General Laws 34-45-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federally insured or assisted: means any:
(i) Low income housing units insured or assisted under §§ 221(d)(3) and 236 of the National Housing Act, 12 U. See Rhode Island General Laws 34-45-4
- 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
- Owner: means an individual, corporation, association, partnership, joint venture, or business entity which holds title to a development. See Rhode Island General Laws 34-45-4
- Tenant: means a tenant, subtenant, lessee, sublessee, or other person entitled to possession, occupancy, or receiving the benefits of, a federally insured or assisted rental unit within a development. See Rhode Island General Laws 34-45-4
- Tenant association: means an association or other organization that represents at least a majority of the tenants in federally insured or assisted rental units in a development, excluding those tenants which have not resided in the development for at least ninety (90) days and those tenants who have been an employee of the owner during the preceding one hundred twenty (120) days. See Rhode Island General Laws 34-45-4
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- Use restrictions: means any federal, state, or local statute, regulation, ordinance, or contract which as a condition of receipt of any housing assistance, including a rental subsidy, mortgage subsidy or mortgage insurance, to a development:
(i) Establishes maximum limitations on tenant income as a condition of eligibility for occupancy of the units within a development; or
(ii) Imposes any restrictions on the maximum rents that could be charged for any of the units within a development; or
(iii) Requires that rents for any of the units within a development be reviewed by any governmental body or agency before the rents be implemented. See Rhode Island General Laws 34-45-4
(b) A copy of any notice required by this section shall be filed in the land evidence records of the city or town in which the development is located.
(c) No sale, lease, or disposition of or prepayment of any obligations secured by a federally insured or assisted development in a manner which would result in either:
(1) A discontinuance of the use of the development as a federally insured or assisted housing development; or
(2) Cause the termination or expiration of any use restrictions which apply to the development,
Shall be valid unless the notices required by this section shall have first been provided and filed as required hereunder.
(d) The declaration of a condominium of a federally insured or assisted development which is otherwise valid will not be invalid under this section if consummated within two (2) years of notice if the owner records an agreement to maintain existing use restrictions with regard to those units which are federally insured or assisted for the duration of the two (2) year notice period in the appropriate office of land records and provide the corporation with a copy of that agreement.
History of Section.
P.L. 1988, ch. 508, § 1; P.L. 1989, ch. 493, §§ 1, 3.