Susan Martins-Phipps serves as chairperson of the Rhode Island Association of Realtors’ Government Affairs Committee, and a member and past chair of the association’s Diversity Equity and Inclusion Committee. In her day job, Martins-Phipps is a residential certified appraiser and Realtor emeritus at the Phipps Team at Compass Inc. She is also a member of the National Association of Realtors’ Real Property Valuation Committee.
Martins-Phipps has been a licensed real estate agent in Rhode Island since 1978 and a state-certified residential appraiser since 1993, currently serving on the Rhode Island Appraisal Board, and has also been a Massachusetts-licensed agent since 2009. She has a bachelor’s degree from Providence College, a master’s in education from Rhode Island College and did graduate work in holistic counseling at Salve Regina University.
PBN: We have some new Rhode Island laws that recently went into place, allowing residents to remain in their rental properties temporarily after a fellow tenant’s death. What's the lowdown about this? What should property owners know?
MARTINS-PHIPPS: A new law went into effect in late June, giving residents who are 18 or older the right to remain temporarily in a rental unit after the death of the only tenant who signed a rental agreement. These residents, including the live-in caregiver of the deceased tenant, must provide written documentation to the landlord to show that they have been living in the rental unit. After doing so, they can stay for a maximum of three months or the remainder of the lease, whichever is shorter. These temporary tenants must continue to pay rent and are subject to the original conditions of the lease. They are subject to eviction if they don’t comply.
PBN: We also have requirements for notice ahead of a rental rate increase for apartments. What do property owners need to know most about this and what's your advice?
MARTINS-PHIPPS: Another law also went into effect in late June that increases the amount of notice that a landlord must give a tenant before raising rent. Tenants who are 62 or under are entitled to 60 days’ written notice, up from 30 days. Tenants who are over 62 must be given 120 days’ written notice, up from 60 days. If they don’t give proper notice, the increased rental amount cannot go into effect. These increased notice requirements do not apply to federal or state housing or assisted living.
PBN: There are other new requirements regarding disclosure of information to tenants by the landlord. What is the biggest worry here for the owners of rental properties?
MARTINS-PHIPPS: I wouldn’t say there are worries, but starting on Jan. 1, 2025, a landlord must clearly list all utilities and fees in a rental agreement, such as renter’s insurance, that a tenant must pay to make the full costs more transparent for tenants. The new law will also prohibit landlords from charging tenants a “convenience fee” to pay their rent by credit card or another method that costs extra to use. A tenant would be entitled to a refund of any fees that are not properly disclosed.
PBN: There has been a lot of talk about the lead registry related to lead paint on the walls or lead elsewhere in the house. What steps should landlords take?
MARTINS-PHIPPS: A law passed in 2023 requires owners of rental units that were built before 1978 to register their units and lead certificates showing that the property had been inspected by a licensed lead inspector with the R.I. Department of Health by Sept. 1, 2024.
This year, the governor’s proposed budget called for a delay of implementation until 2025 but that did not pass. Landlords can incur fines or be prevented from evicting tenants for nonpayment of rent until the landlords obtain lead certificates and register their pre-1978 rental units with the Department of Health.
With only 35 licensed lead inspectors listed on the RIDOH site and a deadline just weeks away, it is likely that delays could occur, and it is unclear how this will affect compliance and enforcement. We do know that this is an issue that is of particular concern to Rhode Island’s attorney general.
PBN: What are your final words of advice for landlords in Rhode Island regarding these new rules and regulations that they'll be facing here from now on?
MARTINS-PHIPPS: Landlords should keep informed and make sure their rental units, leases and rental agreements comply with the most current laws, as there are varying penalties and ramifications for not complying. Those landlords with pre-1978 rental units should contact a lead inspector as soon as possible to have their units inspected. It’s important to become involved, too. Elected officials need to hear from landlords about how proposed legislation could affect them and their tenants.
Marc Larocque is a PBN contributing writer. Contact him at Larocque@PBN.com. You may also follow him on Twitter @LaRockObama.