As previously reported, new lead and rental application laws will go into effect on January 1, 2024.
For many years, owner-occupied two and three-family dwellings have been exempt from complying with lead hazard mitigation laws. This exemption will be eliminated on January 1, 2024.
It is legal to transfer real estate without lead certificates as long as the seller discloses this to prospective buyers and the buyers are prepared to bring the property into compliance with the lead laws. As the market shifts, buyers and cooperating brokers may wish to negotiate lead certificates for pre-1978 rental properties especially if tenants are already in place.
Some REALTORS® have asked how this will affect pre-1978 properties that go under contract in 2023 but will not close until 2024. The answer is the same. Rhode Island law does not prevent a seller from transferring a property without lead certificates.
What are the duties of the owner of a pre-1978 rental dwelling unit? Share this one-page fact sheet from the Rhode Island Department of Health with customers and clients.
The Rhode Island Association of REALTORS® has created a timeline to help you and your clients comply with this and other changes to the lead laws.
As a result of new laws relating to lead water pipes, purchase and sales agreements must give buyers a period of ten days to inspect for lead hazards if the property built before 2011 instead of 1978. RIAR has updated the RIAR purchase and sales agreements to comply.
For more information, please contact the RIAR Legal Department at 401-432-6945 or email [email protected].
Cap on Rental Application Fees
Starting on January 1, 2024, a new state law will prohibit landlords, rental agents, and property managers from charging application fees to rental applicants - with two exceptions.
Landlords and their representatives can legally charge applicants for the actual cost of conducting (1) a credit check or (2) an official government criminal background check unless the rental applicant has provided reports dated no more than 90 days before the date of the rental application. If the rental applicant is required to pay for a report, the applicant must be provided with a copy of it.
Even if the rental applicant provides timely reports, landlords and their representatives will have the right to conduct these and other checks at the landlord’s expense.
The RIAR Rental Application has been updated to comply with the new law. If you use your own rental application, make sure it complies with the law.
For more information, please contact the RIAR Legal Department at 401-432-6945 or email [email protected].