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Rhode Island SB 0601 was introduced on 2/25/09 and referred to the Senate Judiciary Committee, where it is currently.
This very brief proposed legislation would amend Section 34-27 of the General Laws entitled "Mortgage Foreclosure and Sale" to hold any mortgagee or an affiliate of the mortgagee that has purchased a foreclosed property or estate responsible for the maintenance of the property (see excerpted sections below) and subject to penalties for violation of local code ordinances. This act would take effect upon passage.
Maintenance Sections.
1. 45-24.2 is State Minimum Housing standards, which includes several sections dealing with general process, powers, enforcement etc, mostly delegating this authority to localities, For example:
- § 45-24.2-4 Establishment of enforcement agencies. – The city and town councils authorized to adopt ordinances relating to minimum standards may further provide for the creation and establishment of divisions, offices, departments, bureaus, and agencies and their respective officers, deputies, and agents as may be required to enforce and administer the powers and duties authorized by this chapter.
- § 45-24.2-1 Legislative findings. – It is hereby found and declared:
- (1) That there exist, in the various cities and towns numerous dwellings and dwelling premises which are substandard due to dilapidation, deterioration and disrepair of dwellings and dwelling premises, structural defects, uncleanliness, lack of adequate ventilation, light, sanitary, heating, and hot water facilities, overcrowding of dwellings, occupancy of unfit dwellings, and other conditions and defects which increase the hazards of illness, disease, fire, accidents, and other calamities;
- (2) That these conditions, singly or in combination, endanger the health, safety, morals, and general welfare of the people of the various cities and towns, and give impetus to the development, continuation, extension, and aggravation of blighted and substandard housing conditions; and
- (3) That it is a matter of legislative determination that the establishment of minimum standards for dwellings is essential to the protection of the public health, safety, morals, and general welfare.
2. 45-24.3 is the Rhode Island Housing Maintenance and Occupancy Code, . http://www.rilin.state.ri.us/Statutes/TITLE45/45-24.3/INDEX.HTM
This contains multiple minimum standards for various aspects of dwelling maintenance and the responsibilities of owners and occupants, which include extermination, plumbing, disposal of rubbish etc., more specifically spelled out in : http://www.rilin.state.ri.us/Statutes/TITLE45/45-24.3/45-24.3-6.HTM
45-24.3(29) "Owner" means any person who, alone or jointly or severally with others:
(i) Has legal title to any dwelling, dwelling unit, or structure with or without accompanying actual possession thereof; or
(ii) Has charge, care, or control of any dwelling, dwelling unit, or structure as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any person representing the actual owner is bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant to this chapter, to the same extent as if that person were the owner.
To view a current version of the bill, please click here.
About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 500 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.
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