The shortage of affordable housing for very low income households continues to worsen. The National Low Income Housing Coalition released a new report in March. HomesRI Press Release here.
Last-reviewed: Apr. 8, 2024
Care teams can support people facing eviction by connecting them to financial and legal resources and shelters. Help patients maximize benefits to offset other household costs. Care teams can provide information about housing conditions and resources available for tenants and homeowners to repair and improve their homes.
Eviction
- The eviction process has many requirements, including notices to tenants, a judicial decision and order, and execution of the court order for eviction. Only a judge can order a tenant to be evicted. Self-help evictions, where landlords circumvent the required court process, are illegal.
- There is a new, draft, landlord tenant handbook.
- Three new provisions in the landlord tenant act went into effect on January 1, 2024:
- Landlords cannot charge application fees to prospective tenants. They may charge the actual cost of a credit report or criminal background check, unless the prospective tenant has a copy of a credit report or criminal background check from not more than 90 days prior to the application. CHWs can support their patients who are engaged in housing searches by sharing this information with them, and sharing information about how to get a state background check by mail or in person ($5) and how to get a free credit report. Here is the law.
- The amount that tenants may spend for self-help repairs, also known as “repair and deduct,” has increased to $500/year. After a tenant has given written notice to a landlord of a deficient condition, if the repair is not made after 20 days, the tenant may make the repair and reduce their rent by the amount the repairs cost (must share the receipts with the landlord and should be sure to keep copies of the letter and receipts too). Here is the law.
- Some eviction cases will be able to be sealed so they don’t show up on a tenant’s record. Here is the law. Tenants who have been to court on an eviction case should ask their lawyer or the lawyer for the day at court whether they will be eligible for eviction sealing. The District Court has forms that tenants can use to seal their cases; they will have to file a motion to seal and an affidavit, and have the affidavit witnessed by a notary. Notaries are often available in libraries and banks.
- It is often challenging for tenants facing eviction or with landlord tenant legal questions to access legal representation or consultation. You can help support them by helping gather information before contacting a lawyer. If they have a notice of a court date they should be sure to share that information when speaking with the law office. Here are some places to find information to support people who are unable to find a lawyer to represent them:
- A help desk staffed by RWU Law students and experienced housing attorneys is open daily (9 a.m. – noon) in Providence and in all other court houses on days there are eviction cases being heard in District Court.
- RILS has a handbook of basic information on representing yourself in an eviction case.
- The RI Landlord-Tenant Handbook explains the basic eviction process.
- The Rhode Island Coalition to End Homelessness offers a free Legal Clinic where people who are currently homeless or at risk of homelessness can receive 20-minute consults. Advance sign-up is required.
- Beginning January 1, 2024, there are three new lead-related provisions in the law, which are protective of tenants. This includes establishing a new landlord registry and removing some of the prior exceptions for owner-occupied lead-hazard compliance requirements.
- Tenants may have access to housing assistance programs that require tenants to pay a certain amount of their income for rent and the voucher pays the rest. There are Section 8 Rental Assistance Vouchers through the housing choice voucher program, project based vouchers, and section 8 subsidized apartments. RI Housing has information about these rental assistance programs. Waitlists for housing assistance are long. Tenants can now sign up for many lists at once through the centralized wait list.
- The Providence Housing Authority list is opening for one bedroom units for elderly (over 50) and disabled, and for family units. Care team members can share the link or help people apply online.
- Faith based organizations, like St. Vincent de Paul, may have discretionary funds to help individuals and families with rental assistance.
- The Rhode Island Landlord Incentive program gives landlords $3,000 for the first rented unit, and $1,000 for subsequent units, funds for repairs, and in some cases guaranteed rent for up to one year. The program is geared towards housing people experiencing homelessness. Visit Amos House to learn more.
Resources for homeowners, including landlords
- For Providence residents, lead service lines to private homes can be replaced through either a special 0% interest 10-year loan program or a free replacement initiative.
- Weatherization programs can help replace windows, improve insulation and more. More information is available through your local CAP agency.
- Some resources for lead abatement include RI Housing (for homes in Pawtucket, Central Falls, East Providence and Newport); Lead Safe Providence; and Woonsocket Lead Hazard Reduction.
- A program for eligible first-generation homebuyers is open for applications.
- Contact RIHousing for specific questions about homeownership or RI Legal Services Housing Law Center for homeowners at risk of foreclosure.
Housing conditions
Tenants have the right to safe and habitable apartments that comply with RI housing code laws. Care teams can share the following information and resources to help people access their rights and improve poor rental conditions.
- Tenants can write a letter listing the conditions that need fixing.
- The tenant can file a complaint with their town/city hall code inspection department.
- For more information, contact the specific town/city hall code inspection department.
- RI Legal Services has this information outlining tenant’s rights to habitable apartments including how to use the Repair and Deduct rule for minor repairs. Note that this information is a little old and doesn’t include the new law that went into effect January 1, 2024 that allows tenants to repair and deduct up to $500 in repairs each year (up from $125).
- The Rhode Island Department of Health has a few programs for some families with children who have asthma, including the Home Asthma Response Program and Breathe Easy at Home.
- Tenants worried about lead paint exposure can contact the RI Department of Health’s Environmental Lead Program for more information.
- Tenants with disabilities who need modifications to make their apartments accessible are entitled to reasonable accommodations. Paying for modifications in private rentals can be challenging. Check with insurance companies to see if modification costs can be covered or check with local organizations like the Ocean State for Independent Living.
Other housing information
- Hoarding is a disability that can impede a client’s ability to stay in their home; paying to clean up and organize their home can maintain housing stability. Westbay Community Action Program has been helping clients with hoarding disabilities. Other resources can be found in this Rhode Island Hoarding Resources Directory.
- HUD announced new proposed Affirmatively Furthering Fair Housing Rule.
- HUD has proposed a new regulation to eliminate restrictions on hiring fair housing testers with criminal records.
- IPV (DV) survivors may have specific housing rights covered by the Violence Against Women Act (VAWA). The National Housing Law Project has this guidance.
Homelessness and shelter
Shelter access and affordable housing is extremely scarce. Care teams can help people experiencing (or at risk for) homelessness by uplifting income maximization strategies, connecting people to the Coordinated Entry System and/or other services like free legal clinics.
- The first stop for shelter is the Coordinated Entry System (CES) at 401-277-4316. The CES is staffed by Help Center agents who will conduct an assessment and provide referrals and assistance as needed.
- Federal law ensures that public school students experiencing homelessness have equal access to public education. Each school has a local homeless education liaison. General information about RIDE’s resources for students experiencing homelessness.
- RI’s legislature approved funding for the “Pay for Success” program that will create additional permanent supportive housing for Rhode Islanders experiencing homelessness.
- The RI Coalition to End Homelessness has several legal resources to support individuals who are experiencing homelessness or at risk, including legal clinics in Westerly and Woonsocket.
- SOAR is a program aimed at helping eligible adults and children who are experiencing or at risk of homelessness and who have serious mental illness, medical impairments and/or a co-occurring substance use disorder access disability income benefits. Referral information here.
Unlocking Access Resources for Care Teams
There are many ways care teams can support people with housing and shelter related needs. For more specific legal information and strategies, care team members who have access to MLPB’s Unlocking Access Hub should log in.
If you are an MLPB partner who does not have their login information, or you’d like to learn more about how to gain access to the u003cemu003eUnlocking Accessu003c/emu003e Hub, get in touch with us!
Spotlight on Equity
- In Rhode Island, it is illegal for landlords to discriminate against tenants based on the tenant’s membership to a “protected class” such as Race, Color, National, Religion, Family Status (having children under 18), Mental or Physical Disability, Marital Status, Sex, Sexual Orientation, Gender Identity or Expression, Age (18+), Status as a Victim of Domestic Violence, or Income Source (e.g., Section 8).
- If you are supporting a person who believes they have experienced housing discrimination, connect them to the Rhode Island Commission for Human Rights (RICHR). RICHR conducts impartial investigations into claims of housing discrimination.
- RI was the first state to pass the “Homeless Bill of Rights” which prohibits discrimination based on housing status. Specifically, a person’s rights, privileges, or access to public services cannot be denied solely because that person is experiencing homelessness. This includes the right for people to enter into a homeless shelter with their service animal. More information, including printable “Know your rights” cards, here.
- If a person believes they have experienced housing discrimination for these reasons, they can file a complaint with the RI Commission for Human Rights by phone or on-line.
