Providence City Council to Limit the Jurisdiction of the Housing Court as it Pertains to Receiverships
The City Council passed for the second and final time passed an Ordinance that would limit the Providence Housing Court’s jurisdiction pertaining to receiverships. The ordinance was introduced by Councilor Kat Kerwin (Ward 12), Council President Sabina Matos (Ward 15), Majority Leader Jo-Ann Ryan (Ward 5), Senior Deputy Majority Leader Nicholas J. Narducci Jr. (Ward 4), Deputy Majority Leader Mary Kay Harris (Ward 11), and Councilors Nirva LaFortune (Ward 3), Helen Anthony (Ward 2), Rachel Miller (Ward 13), Pedro Espinal (Ward 10), and John Goncalves (Ward 1).
The receivership program was initially started to address blighted and neglected properties throughout the City of Providence. However, in the years since that implementation private entities have begun to use the program as a way to displace homeowners and cause further inequities in our housing market.
“As councilors, it is our duty to protect our neighbors from predatory private interests whose goal is to profit off of those most vulnerable in our community. I am proud that our Council is taking a stand and refusing to allow these interests from taking homes away from hard-working residents, and I hope the state will follow suit and pass legislation that prevents this same predatory behavior in Superior Court,” stated Councilor Katherine Kerwin
This ordinance addresses the Providence Housing Court’s authority to hear receivership cases by limiting the Court’s jurisdiction to only those that have been filed by the City of Providence or the Providence Redevelopment Agency. Private actors such as abutter’s and non-profits will still have the opportunity to pursue receivership cases; however, they will now be required to utilize the Rhode Island Superior Court to do so. Receivership cases in the housing context may be filed pursuant to Rhode Island General Law §34-44, the Abandoned Property Act, and it is this state law procedure that allows private actors to petition abandoned properties into receivership for purposes of rehabilitation. This ordinance will ensure that the Providence Housing Court’s review of receivership cases will only occur in instances where the City of Providence or the Providence Redevelopment Agency have deemed it necessary to pursue such an action.
“I would like to applaud Councilwoman Kerwin for her swift action and attention to this matter. Her advocacy and determination are what public service is all about. During our Committee on Ordinances meeting on this matter, we had a robust and productive discussion about how we preserve our housing stock and ensure that our residents are being treated fairly. I would also like to thank the City Solicitor’s office for its guidance. This ordinance is all about protecting residents from unintended abuse of the cities streamlined receivership program,” shared Majority Leader and Chairwoman on the Committee on Ordinances Jo-Ann Ryan.
The Housing Court enforces the municipal ordinances and state laws governing minimum residential requirements, lead paint abatement, zoning, and building requirements to the end that all the people in the City of Providence be housed in dwellings that are safe, sanitary, and fit for human habitation and that all structures be utilized per state and municipal lead, code, zoning, and building laws, in the belief that such enforcement will protect and promote the health, safety and general welfare of the people of the City of Providence and fulfill the City’s Mission of creating and maintaining healthy neighborhoods. In fulfilling its mission, the Housing Court will seek to achieve enforcement and safeguard public health and safety without impairing property ownership.
“As elected officials, we must work to protect our residents in all ways, and this ordinance will make it the purview of the State Superior Courts to award receiverships by private entities. Our community is hurting financially because of the ongoing pandemic, and we need to act to protect our homeowners and housing stock in the City. I want to thank Councilor Kerwin for her leadership and all my colleagues who co-sponsored this important legislation,” stated Council President Sabina Matos.
Tonight the Providence City Council passed two resolutions, sponsored by Councilor Rachel Miller (Ward 13), to support several initiatives before the Rhode Island General Assembly to reduce Perfluorinated and Poly-Fluorinated Alkyl Substances (PFAS) in Rhode Island’s water supply and in food packaging in our state. The resolutions were co-sponsored by Council President Sabina Matos (Ward 15), Majority Leader Jo-Ann Ryan (Ward 5),Deputy Majority Leader Mary Kay Harris (Ward 11), Chairman John J. Igliozzi Esq. (Ward 7), Councilors Helen Anthony (Ward 2), Carmen Castillo (Ward 9), John Goncalves (Ward 1), and Kat Kerwin (Ward 12), Pedro Espinal (Ward 10), James Taylor (Ward 8), and Nirva LaFortune (Ward 3).
The first resolution supports and urges the passage of House Bill 2021 H-5523 and Senate Bill 2021 S-107, which will require the RI Department of Health to set a Maximum Contaminant Level for PFAS and requires that our public waterways and drinking supply be sampled and monitored for PFAS contamination. The second resolution supports and urges the passage of House Bill 2021 H-5356 and Senate Bill 2021 S-0110, which eliminate the manufacture, sale, and distribution of food packaging to which PFAS have been added.
“These initiatives in our General Assembly and State Senate are significant steps in the effort to improve food and water safety in Rhode Island. PFAS are persistent chemicals that are known to cause harm to humans and the environment. It is time for the Department of Health and the Department of Environmental Management to take action to set standards and testing protocols to protect the health and safety of Rhode Islanders. I know that my colleagues in government trust science and believe that we should do everything we can to protect and care for the health and safety of Rhode Islanders and our environment. PFAS have been linked to cancer, developmental issues in children, problems with fertility and pregnancy, and a host of other serious health problems. That is why we must act now to reduce these harmful chemicals from our food and water,” stated Councilor Rachel Miller.
PFAS are highly persistent chemicals that have been widely used in consumer products since the 1948. They are often used in food packaging to prevent grease and other fats from sticking to the paper packaging. However, PFAS are released during production processes and remain in the environment for long periods, entering the air and bodies of water. Because of this widespread contamination, PFAS can often be found in the blood of both humans and wildlife. Over the years, concern has grown regarding the health consequences of frequent exposure to PFAS.
“One of the most precious resources we have in the State of Rhode Island is the Narragansett Bay, and we must do whatever we can to protect this natural resource. Further, PFAS that end up in our water inevitably end up in our sea life. As a state with a robust seafood industry, we have to protect and preserve the catch’s quality. Doing so will protect jobs and this important economic generator. I applaud Councilor Miller for working to ensure that we are supporting important green and healthy initiatives at the General Assembly, and I too add my voice to the chorus of my colleagues who want to see these bills pass and enacted,” stated Majority Leader Jo-Ann Ryan.
The resolutions passed, and copies will be sent to the Rhode Island General Assembly and the Providence Delegation.
Tonight, the Providence City Council members voted to pass a resolution urging the United States Senate to pass the Equality Act. The resolution was sponsored by Councilor Rachel Miller (Ward 13). It was Co-sponsored by Council President Sabina Matos (Ward 15), Majority Leader Jo-Ann Ryan (Ward 5), Deputy Majority Leader Mary Kay Harris (Ward 11), Majority Whip John J. Igliozzi, Esq. (Ward 7), and Councilors Helen Anthony, Esq. (Ward 2), Carmen Castillo (Ward 9), John Goncalves (Ward 1), Kat Kerwin (Ward 12), Councilman Pedro Espinal (Ward 10), Councilman James Taylor (Ward 8), and Councilman Nirva LaFortune (Ward 3)
The Equality Act was introduced to the House of Representatives by Rhode Island Congressman David Cicilline and in the Senate by Senator Jeff Merkley of Oregon in 2015, 2017, 2019, and 2021. It was finally passed by the United States House of Representatives in 2019 and 2021 but has died in the United States Senate committee. After the United States Supreme Court’s June 2020 ruling in the Bostock v. Clayton County, Georgia, which upheld protections for gay and transgender individuals in employment matters under the Civil Rights Act of 1964 and its subsequent amendments, now there is more support in the Senate for passage. The City Council members are urging the body to take this bold and meaningful action to codify the rights of every person living in the United States.
“First, I want to thank our Federal Delegation, especially Congressman Cicilline, who has worked doggedly on this act for the past seven years. Even as it languished in the House and Senate, he still believed that the rights of the LGBTQIA+ community were worth the battle. I am proud that he represents Rhode Island and am grateful for his leadership. The Equality Act will codify and protect against discrimination on the basis of sexual orientation or gender identity, which has been missing from the Civil Rights Act for decades. The Equality Act wil also protect against discrimination in the workplace, in housing, in health care, and even in financial lending,” stated Councilor Rachel Miller.
The Equality Act will amend the Civil Rights Act of 1964, the Fair Housing Act, the Equal Credit Opportunity Act, the Jury Selection and Services Act, and several other federal laws around employment and discrimination in public spaces, services, and federally funded programs.
“Former United States Supreme Court Justice Ruth Bader Ginsburg once stated, ‘We should not be held back from pursuing our full talents, from contributing what we could contribute to society, because we fit into a certain mold, because we belong to a group that historically has been the object of discrimination.’ With that statement, she was referring to what women have endured for generations. It is equally true for LGBTQIA+ communities that face higher rates of suicide, bullying, and the alarming rates of murder amongst transgender women. The Senate must pass the Equality Act, and I know that our Rhode Island Delegation is supportive, and I hope that we can all agree that discrimination of any kind needs to be removed from our legal system,” stated Council President Sabina Matos.
Many studies have shown that members of the LGBTQIA+ community face high levels of discrimination in housing. The bias is noted to come in many different ways: being denied housing, charged higher rents, or being removed from housing once a landlord realizes the orientation or the gender expression of the renters. Additionally, the Equality Act will add protections to LGBTQIA+ individuals living in 27 states which do not have state-wide LGBTQIA+ anti-discrimination laws.
“There are currently 27 states where, as a member of the LGBTQ+ community, my right to be free from discrimination in employment, housing, and other civil protections is not protected by law. I am proud to be a member of this body that tonight took a stance for equality for all,” concluded Councilor Miller.
Copies of the resolution will be sent to the Rhode Island Congressional Delegation. The City Council members hope that the United States Senate will pass Senate Bill 393 – The Equality Act.
At tonight’s City Council meeting, Councilor David Salvatore’s (Ward 14) ordinance that would curb the illegal disposal of used tires received first passage. The ordinance was co-sponsored by Deputy Majority Leader Mary Kay Harris (Ward 11), Councilwoman Carmen Castillo (Ward 9), Councilwoman Nirva LaFortune (Ward 3), Councilwoman Helen Anthony (Ward 2), Councilor Rachel Miller (Ward 13), Councilman Pedro Espinal (Ward 10), and Councilman John Goncalves (Ward 1).
The proposal would amend the “Licenses” Chapter of the Providence Code of Ordinances to include a requirement that any motor repair business engaging in the repair, replacement, or disposal of tires must be licensed by the Providence Board of Licenses. The proposal would also require that motor repair businesses legally dispose of old tires and provide a receipt proving lawful disposal.
“Quality of life is something that we discuss as elected leaders daily. One of the complaints we most often receive is regarding abandoned tires in our parks, streets, vacant lots, rivers and woodland areas causing damage to our local environment and overall quality of life. Requiring these businesses to keep receipts as proof for the lawful and proper disposal of old tires will go a long way in keeping this litter from harming our neighborhoods,” stated Councilor David Salvatore.
Additionally, the proposal includes a provision that creates a lawful system for disposal and delivery of used/waste tires to the Rhode Island Resource Recovery Corporation or privately-operated tire storage, recycling, or recovery facilities licensed by the Rhode Island Department of Environmental Management. Tire haulers would be permitted to transport tires to an out-of-state recycling facility in accordance with Rhode Island General Law § 23-63-2.
“By putting these legal standards in place for the proper disposal of tires, we are working towards building a system that encourages sustainability and ethical business practices in our City. Changes like this will improve the health and quality of life for Providence residents in a thoughtful and impactful way,” added Councilor Salvatore.
This ordinance will have minimal effect on law-abiding auto repair businesses. Any business that is legitimately licensed already embraces ethical and proper tire disposal procedures. Instead the ordinance is intended to stop individuals who may be collecting used tires for cash and disposing of them illegally throughout the City.
COVID-19 Vaccination Clinics Have Been Announced for this week for Providence Residents 75 and Older:
Wednesday, February 17, 2021: http://bit.ly/3ajpbJi
Managed by Providence Emergency Management Agency
Friday, February 19, 2021: http://bit.ly/3aiqTdS
Managed by Aesthenis Pharmacy in partnership with the City of Providence
Saturday, February 20, 2021: http://bit.ly/3dcbGNm
Managed by Providence Emergency Management Agency
*Internet Explorer will not work with the above-provided links. Anyone who registers that is not 75+ or a resident of Providence will have their appointment cancelled. In the coming days, additional clinic dates will be added to https://www.providenceri.gov/vaccinate/.
Residents who need assistance signing up for an appointment are encouraged to dial 3-1-1 to speak with a representative who can walk you through the enrollment process in English or Spanish. Although additional staff are supporting phone lines, residents should expect longer than normal wait times as MCCS anticipates a higher than normal call volume.
At last week’s City Council meeting, Councilors put forth several resolutions urging Providence voters to vote “Yes” on ballot referendum questions two, three, and five in the special election taking place on March 2, 2021. In December 2020, Governor Raimondo signed a state budget for the 2021 fiscal year that restored funding to cities and towns, used federal coronavirus relief funds to aid struggling Rhode Islanders, and did not raise taxes. In addition to the FY21 budget, there were also seven bond referendums regarding $400 million in bonds for education, affordable housing, green infrastructure, transportation, and other initiatives. All three resolutions were sponsored by the full Council.
The first resolution, proposed by Councilman John Goncalves (Ward 1), asks that voters vote “Yes” on ballot question two to support a $74 million bond for environmental and recreational projects.
“This bond would create funding for a proposed park on the former I-95 land along with local recreational projects, the dredging of the Providence River, the restoration of local wetlands, much needed municipal resiliency projects, and more. We are encouraging Providence voters to vote ‘Yes’ on question two in order to create meaningful and lasting environmental improvements not only in the City of Providence but across the State of Rhode Island,” stated Councilman John Goncalves.
The second resolution, also proposed by Councilman John Goncalves, advocates that voters vote “Yes” on ballot question five, which includes a $15 million bond for early childhood care and the Educational Capital fund.
“I call on all Providence residents to vote ‘Yes’ on ballot question five. This funding will be key to ensuring our students have a strong start, as early childhood care and education is what supplies children with a solid and broad foundation for success both in and out of school,” stated Council President Sabina Matos.
The third resolution, proposed by Council President Sabina Matos (Ward 15), Deputy Majority Leader Mary Kay Harris (Ward 11), and Councilman John Goncalves (Ward 1), urges residents to vote “Yes” on ballot question three, in support of a $65 million bond for affordable housing projects throughout the state.
“This bond will allocate millions of dollars towards the building and maintaining of affordable housing in Rhode Island. In addition, millions more will go directly towards community revitalization projects. I encourage residents to support this initiative, as affordable housing and community development will be central in the recovery of our economy and public health moving forward,” added Council President Matos.
The special election will occur on Tuesday, March 2, with polls open from 7:00 AM to 8:00 PM. The deadline to submit mail ballot applications is Tuesday, February 9 and early in-person voting begins on Wednesday, February 10.
To request a mail ballot, click here: https://bit.ly/36He8r5
To find your polling location, click here: http://bit.ly/2MowkPz
COVID-19 Vaccination Clinics Have Been Announced for this week for Providence Residents 75 and Older: