Early Estates v. Hous. Bd. of Review - 93 R.I. 227, 174 A.2d 117 (1961)

Rule:

1956 R.I. Pub. Laws ch. 3715 vests the Providence, Rhode Island city council with power to legislate on the subject of lighting for common hallways and stairways. The legislature therein declared in 1956 R.I. Pub. Laws ch. 3715, art. 2, § 2, that the establishment of minimum standards for dwellings is essential to the protection of the public health, safety, morals and general welfare. Such language clearly indicates a legislative intent to vest in the council power to require minimum standards dealing with factors relating to safety.

Facts:

Petitioner owned a three-tenement house. Pursuant to the Public laws 1956, chap. 3715, the city council enacted the Minimum Standards Housing Ordinance requiring tenement house owners like petitioner to provide a rear hallway light in its premises and to install hot water facilities in the third-floor tenement. Petitioner sought certiorari review of the decision of respondent, the Housing Board of Review of the City of Providence (Rhode Island), which denied petitioner’s appeal from a compliance order issued by the director of the division of minimum housing standards.

Issue:

Did the Public laws 1956, chap. 3715 vest the city with the power to enact an ordinance requiring petitioner to provide a rear hallway light in its premises and to install hot water facilities in the third-floor tenement?

Answer:

Yes, with respect on the subject of lighting for common hallways and stairways.

Conclusion:

The court concluded that the enabling act clearly vested the council with power to legislate on the subject of lighting for common hallways and stairways. The establishment of minimum standards for dwellings was essential to the protection of the public health, safety, morals and general welfare. However, the court concluded that the enabling act did not vest the council with power to require the installation of hot water facilities. The enabling act contained no express grant of such power. Accordingly, the court granted the petition for certiorari insofar as it related to the decision of the board with respect to the order requiring the installation of hot water facilities. Insofar as it related to the decision of the board with respect to the rear hallway light the petition was denied and dismissed.