2022 -- H 8078 SUBSTITUTE A

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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:

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

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

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

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

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

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mark enter the date of hearing upon the summons, which shall be the ninth (9th) day fourteen (14)

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to twenty-four (24) days after filing of the complaint, or the first court day following the ninth (9th)

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day. For the purposes of this section only, the time of filing of the complaint shall be the date upon

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which the clerk assigns a case number to the action and the filing fee is paid to the clerk. On the

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same day that the complaint is filed, the plaintiff's attorney or, if pro se, the plaintiff, or if more

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than one, the person filing the complaint shall mail a copy of the summons and complaint with the

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date of the hearing and a blank answer form as provided in § 34-18-56(j) by first class mail, to the

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defendant, shall complete the proof of service on a copy of the original summons and file the

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completed proof of service in the appropriate court. The clerk shall note on the docket the mailing

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date of the summons and complaint, and shall complete the proof of service on the original

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summons. The plaintiff shall deliver the original summons and a copy thereof, together with a copy

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of the complaint and a blank answer form to the division of sheriffs or any constable of the county

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in which the appropriate court is located. The officer receiving the copies shall serve them by:

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     (i) Handing them to the defendant; or

 

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

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then residing therein; or

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

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unit.

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

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

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

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

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hearing.

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

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shall be as follows:

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

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

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served together with this summons.

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

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

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appropriate rule of court.

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

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

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

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

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

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

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

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

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

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

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

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further time the court allows.

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

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

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

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

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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.

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     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

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matters filed under the residential landlord and tenant act.

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     This act would take effect upon passage.

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