R.I. Gen. Laws ch. 34-37 § 34-37-4.1
Discrimination in familial status — Exemptions
Operative Text
(a) Nothing in this chapter requires an owner of a housing accommodation to rent to a family with children if: (1) The housing accommodation is two (2) units, one of which is occupied by the owner; (2) The housing accommodation is of four (4) units or less, the owner actually maintains and occupies one of those living quarters as his or her residence and one of those units is already occupied by a senior citizen or infirm person for whom the presence of children would constitute a demonstrated hardship; (3) The housing accommodation was provided under any state or federal program which is designed and operated to assist elderly persons; (4) The housing accommodation is intended for and solely occupied by persons sixty-two (62) years of age or older; or (5) The housing accommodation is intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit. Provided that: (i) At least eighty percent (80%) of the units are occupied by at least one person fifty-five (55) years of age or older per unit; and (ii) The housing accommodation has significant facilities and services designed to meet the physical or social needs of older persons, or if the provisions of those facilities and services is not practicable, that the housing is necessary to provide important opportunities for older persons; (iii) The owner or manager has published and adhered to policies and procedures which demonstrate an intent to provide housing for persons fifty-five (55) years of age or older. (b)(1) An exemption under subsections (a)(4) and (a)(5) can be claimed if the housing did not meet the requirements of subsections (a)(4) and (a)(5) as of September 13, 1988 only if: (i) New occupants of the housing met the age requirements of subsections (a)(4) and (a)(5) after September 13, 1988; or (ii) Unoccupied units were reserved for occupancy by persons who met the age requirements of subsections (a)(4) and (a)(5) after September 13, 1988; (2) An owner will not violate the prohibitions against age discrimination in housing contained in § 34-37-4 if the owner asks the age of prospective or actual tenants or buyers, or if the owner grants a preference to older prospective tenants or buyers so long as the housing meets the requirements of subsection (a)(4) or (a)(5) or if the owner is seeking to determine whether the housing meets the requirements of subsection (a)(4) or (a)(5).
Rhode Island General Laws § 34-37-4.1 carves out specific situations in which the general prohibition on familial-status discrimination does not apply to housing providers. These exemptions cover small owner-occupied buildings, housing programs designed for elderly residents, communities exclusively for persons 62 or older, and age-restricted communities where at least 80% of units are occupied by someone 55 or older and the community meets additional operational requirements. The provision also clarifies that asking about a prospective tenant's age or giving preference to older applicants does not constitute unlawful age discrimination when the housing qualifies under one of the recognized senior-housing categories.
Plain English — not legal advice.
Under § 34-37-4.1, operators of qualifying senior housing communities or small owner-occupied buildings generally document their eligibility for an exemption carefully — for example, by maintaining records showing that at least 80% of units are occupied by a resident 55 or older, publishing written age-preference policies, and ensuring any facilities or services meet the statutory description. Owners of two-unit, owner-occupied properties or small buildings with a senior or infirm resident already in place also maintain records supporting their claimed exemption. Because the exemptions are narrowly defined, compliant operators typically verify on an ongoing basis that their property continues to satisfy each element of the applicable subsection of § 34-37-4.1.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 34-37-4.1 defines the limited circumstances in which a landlord may lawfully decline to rent to families with children, meaning that outside those specific exemptions, the familial-status protections of Chapter 34-37 remain fully in force. Tenants who believe they have been denied housing based on the presence of children — and who do not believe the property genuinely qualifies for one of the listed exemptions — may have grounds to raise a violation under Rhode Island's fair housing law. General enforcement paths include filing a complaint with a state or federal fair housing agency, contacting a tenant-rights or fair housing organization for guidance, or consulting an attorney familiar with Rhode Island housing law.
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.
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