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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State Water Resources Board v. Howard, 729 A.2d 712 (1999)

Citation
State Water Resources Board v. Howard, 729 A.2d 712 (1999)
Parent Document
State Water Resources Board v. Howard, 729 A.2d 712 (1999)
Jurisdiction
Rhode Island (state)
Effective Date
1999-05-27

Full Text

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In the present cases, there are no provisions in the proposed leases which shift the responsibility to cure existing or past violations of the applicable housing and building codes to the tenants. Indeed, at no point have the tenants alleged that the various state owned dwellings are presently in violation of any applicable building or housing code. The facts of these cases show that the state has made a legitimate, good faith attempt to negotiate leases which provide merely for the shifting of the responsibility for ordinary repair and maintenance to the various tenants in return for a rent which is substantially less than its fair market value. Such action is permitted under § 34-18-22(c) and consequently, the trial justice properly granted summary judgment in favor of the state.