2022 -- H 8078

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LC005625

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Representatives Diaz, Slater, Batista, Morales, Edwards, Felix, Alzate,
Williams, and Perez

     Date Introduced: April 01, 2022

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-18-10 of the General Laws in Chapter 34-18 entitled "Residential

Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-10. Service of process for actions pursuant to chapter.

     (a)(1) In actions for nonpayment of rent, the summons for eviction for nonpayment of rent

shall be in the form provided in § 34-18-56(g). At the time of filing of the complaint, the clerk shall

mark enter the date of hearing upon the summons, which shall be the ninth (9th) day after filing of

the complaint, or the first court day following the ninth (9th) day. For the purposes of this section

only, the time of filing of the complaint shall be the date upon which the clerk assigns a case number

to the action and the filing fee is paid to the clerk. On the same day that the complaint is filed, the

plaintiff's attorney or, if pro se, the plaintiff, or if more than one, the person filing the complaint

shall mail a copy of the summons and complaint with the date of the hearing and a blank answer

form as provided in § 34-18-56(j) by first class mail, to the defendant, shall complete the proof of

service on a copy of the original summons and file the completed proof of service in the appropriate

court. The clerk shall note on the docket the mailing date of the summons and complaint, and shall

complete the proof of service on the original summons. The plaintiff shall deliver the original

summons and a copy thereof, together with a copy of the complaint and a blank answer form to the

division of sheriffs or any constable of the county in which the appropriate court is located. The

officer receiving the copies shall serve them by:

     (i) Handing them to the defendant; or

     (ii) Serving them at the defendant's dwelling unit to a person of suitable age and discretion

then residing therein; or

     (iii) If none be found, by posting them conspicuously on the door to defendant's dwelling

unit.

     (2) The deputy sheriff or constable serving the summons and complaint shall make proof

of service on the original summons and shall file it with the clerk of the appropriate court at or

before the time of the hearing. The proof of service shall show the manner and the day, hour, and

place of service, and shall show that the defendant was served no less than five (5) days before the

hearing.

     (b) In all actions pursuant to this chapter other than for nonpayment of rent, the procedure

shall be as follows:

     (1) The summons for eviction actions pursuant to §§ 34-18-36 and 34-18-38 shall be in the

form provided in § 34-18-56(h). A blank answer, in the form provided in § 34-18-56(j) shall be

served together with this summons.

     (2) The summons in all other actions pursuant to this chapter shall be in the form provided

in § 34-18-56(i). Service shall be made pursuant to Rule 4 of the district court civil rules, or other

appropriate rule of court.

     (c) If a landlord or tenant is not a resident of this state or is a corporation not authorized to

do business in this state and engages in any conduct in this state governed by this chapter, or

engages in a transaction subject to this chapter, he or she may designate an agent upon whom

service of process may be made in this state. The agent shall be a resident of this state or a

corporation authorized to do business in this state. The designation shall be in writing and filed

with the secretary of state. If no designation is made and filed or if the process cannot be served in

this state upon the designated agent, process may be served upon the secretary of state, but service

upon the secretary of state is not effective unless the plaintiff or petitioner forthwith mails a copy

of the process and pleading by registered or certified mail to the defendant or respondent at his or

her last reasonably ascertainable address. An affidavit of compliance with this subsection shall be

filed with the clerk of the court on or before the return day of the process, if any, or within any

further time the court allows.

     (d) If at time of hearing it appears that the clerk failed to provide mail service as required

by subsection (a), or that the mailed service was undeliverable, service shall nevertheless be

deemed complete if proof of service reflects that service was accomplished in accordance with

subsection (a)(1)(i) or (ii) of this section. If mailed service was defective and the tenant was

prejudiced by shorter notice of the hearing, the tenant may seek the benefits of § 34-18-35(d) for

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late filing of discovery, if justice requires.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would allow the district court to designate the date of the hearing in eviction

matters filed under the residential landlord and tenant act.

     This act would take effect upon passage.

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