Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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Finally, we address the issue of reprisal, defined in § 31-44-1(14) as “any act taken against a resident which is intended as a penalty for any protected lawful action taken by a resident.” Such behavior is prohibited under § 31-44-5(a), which states that “[n]o licensee shall take reprisal(s) against a resident, prospective resident, or association formed pursuant to § 31-44-3.1.” Under § 31-44-5(b), if a licensed mobile home park operator takes certain steps against a resident within six months after the resident has taken a protected lawful action, a rebuttable presumption of reprisal arises. Section 31—44-5(c) provides that a resident who has been the subject of a reprisal is entitled to the remedies for retaliatory actions provided in § 34-18-46 of the landlord-tenant act, *860including “three (3) months periodic rent or threefold the actual damages sustained by him or her, whichever is greater, and reasonable attorney’s fees.” Section 34-18-34.

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