R.I. Gen. Laws ch. 34-18 § 34-18-46

Retaliatory conduct prohibited

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026Rhode IslandRetaliation Protections

Operative Text

R.I. Gen. Laws ch. 34-18 § 34-18-46
(a) Except as provided in this section, a landlord may not retaliate by increasing rent
or decreasing services or by bringing or threatening to bring an action for possession
because:


(1) The tenant has complained to a governmental agency charged with responsibility for
enforcement of a building or housing code of a violation applicable to the premises
materially affecting health and safety; or


(2) The tenant has complained to the landlord of a violation under § 34-18-22; or


(3) The tenant has organized or become a member of a tenants' union or similar organization;
or


(4) The tenant has availed himself or herself of any other lawful rights and remedies.


(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the
remedies provided in § 34-18-34 and has a defense in any retaliatory action against him or her for possession. In
an action by or against the tenant, evidence of a complaint within six (6) months
before the alleged act of retaliation creates a presumption that the landlord's conduct
was in retaliation. The presumption does not arise if the tenant made the complaint
after notice of a proposed rental increase or diminution of services. "Presumption"
means that the trier of fact must find the existence of the fact presumed unless and
until evidence is introduced which would support a finding of its nonexistence.


(c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession
if:


(1) The violation of the applicable building or housing code was caused primarily by lack
of reasonable care by the tenant, a member of his or her family, or other person on
the premises with his or her consent; or


(2) The tenant is in default in rent; or


(3) Compliance with the applicable building or housing code or other public action such
as eminent domain, requires alteration, remodeling, or demolition which would effectively
deprive the tenant of use of the dwelling unit, and the relocation requirements have
been met by the municipality.


(d) The maintenance of an action under subsection (c) of this section does not release
the landlord from liability under § 34-18-28(b).
Source: Legislative text reproduced verbatim
Plain English

Rhode Island General Laws § 34-18-46 prohibits landlords from retaliating against tenants who exercise certain protected activities, such as reporting housing code violations to a government agency, complaining to the landlord about habitability issues, or joining a tenants' union. If a landlord raises rent, cuts services, or pursues eviction in response to such protected conduct, the tenant may invoke statutory remedies and use retaliation as a defense. A complaint made within six months before the alleged retaliation creates a legal presumption that the landlord's action was retaliatory, though that presumption can be rebutted by evidence to the contrary.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Under § 34-18-46, compliant property owners in Rhode Island are careful to document the independent, non-retaliatory business reasons behind any rent increase, service change, or eviction action — particularly when a tenant has recently filed a housing complaint or joined a tenant organization. Operators generally ensure that rent increases are announced and justified before any tenant complaint arises, since a complaint filed within six months of an adverse action can trigger a legal presumption of retaliation. Eviction actions may still proceed under § 34-18-46(c) in specific circumstances, such as tenant-caused code violations or nonpayment of rent, but landlords remain subject to liability under § 34-18-28(b) even in those situations.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 34-18-46 of Rhode Island law protects tenants who report housing code violations, complain to their landlord about habitability, or participate in tenant organizations from having their rent raised, services reduced, or eviction proceedings initiated against them as punishment for those activities. If a landlord takes one of those adverse actions within six months of a protected complaint, the law presumes the action was retaliatory, and tenants may raise retaliation as a defense in any eviction proceeding brought against them. Tenants who believe they are experiencing retaliation may explore the remedies outlined in § 34-18-34, consult a local tenant-rights organization, or seek guidance from Rhode Island Legal Services to understand the options available to them.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

R.I. Gen. Laws ch. 34-18
R.I. Gen. Laws ch. 34-18
R.I. Gen. Laws § 34-18-46
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-20
R.I. Gen. Laws § 34-18-25
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-38
R.I. Gen. Laws § 34-18-39
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-21
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-28
R.I. Gen. Laws § 34-18-30
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-50
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-34
R.I. Gen. Laws § 34-18-28
R.I. Gen. Laws § 34-18-6
R.I. Gen. Laws § 34-18-49
R.I. Gen. Laws § 34-18-2.4
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-11
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-56
R.I. Gen. Laws § 34-18-19
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-38.2
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-37
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-52
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-36
R.I. Gen. Laws § 34-18-24
R.I. Gen. Laws § 34-18-37
R.I. Gen. Laws § 34-18-38
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-35
R.I. Gen. Laws § 34-18-10
R.I. Gen. Laws § 34-18-8
R.I. Gen. Laws § 34-18-22
R.I. Gen. Laws § 34-18-24

Related Rules

§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
§ 47a-20
(Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
§ 47a-20a
Actions deemed not retaliatory.

Source Information

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