2024 -- S 2923 | |
======== | |
LC005806 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL TENANT'S RIGHT TO LEGAL | |
REPRESENTATION ACT | |
| |
Introduced By: Senators Mack, and Kallman | |
Date Introduced: March 27, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings. |
2 | The general assembly hereby finds and declares that: |
3 | (1) Eviction proceedings have a profoundly disparate impact on low- to moderate-income |
4 | individuals. A recent study has shown that half of United States citizens are cost burdened by the |
5 | skyrocketing rents and increased risk to homelessness and given this disparate impact, it is |
6 | imperative that these individuals be provided legal representation in legal proceedings that put their |
7 | housing at risk. |
8 | (2) There is a fundamental human right to adequate housing accommodations. Safe, secure, |
9 | and accessible housing is essential to achieving equal access to all other fundamental needs. |
10 | Without housing, individuals and families too often cannot preserve family integrity, gain |
11 | employment or other income, or enjoy access to healthcare, proper nutrition, and education. |
12 | (3) Eviction proceedings and displacement as a result of evictions have a disparate impact |
13 | on low- to moderate-income individuals and particularly on low- to moderate-income people of |
14 | color, who are disproportionately the respondents in eviction proceedings. |
15 | (4) Representation of people who are at risk of losing their homes in legal proceedings |
16 | preserves access to housing and ensures compliance with laws protecting people's rights in such |
17 | proceedings. Abrupt, unwarranted, or unlawful evictions disrupt lives and livelihoods, force people |
18 | to find housing in a market with a severe shortage of affordable housing and often significantly |
| |
1 | increases the risk of homelessness. The short- and long-term effects of housing instability are |
2 | devastating to individuals and families and can affect physical and mental health, employment and |
3 | education. |
4 | (5) Providing a right to legal representation to individuals who are most at risk of housing |
5 | instability not only protects individuals and families from these devastating effects, but also saves |
6 | public funds that would otherwise be spent on shelters and services to people experiencing |
7 | homelessness as well as the wide range of detrimental short- and long-term collateral consequences |
8 | of housing instability. |
9 | SECTION 2. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by |
10 | adding thereto the following chapter: |
11 | CHAPTER 18.3 |
12 | RESIDENTIAL TENANT'S RIGHT TO LEGAL REPRESENTATION ACT |
13 | 34-18.3-1. Short title. |
14 | This chapter shall be known and may be cited as the "Residential Tenant's Right to Legal |
15 | Representation Act". |
16 | 34-18.3-2. Definitions. |
17 | As used in this chapter, the following words and terms shall have the following meanings |
18 | unless the context clearly indicates another or different meaning or intent: |
19 | (1) "Covered proceeding" means any action that triggers the right to representation under |
20 | this chapter, including, but not limited to, a five (5) day demand notice, a termination of tenancy |
21 | notice, a notice of noncompliance, a court summons, an eviction action, an administrative hearing |
22 | with a publicly subsidized source of housing, or an action for unsafe or unhealthy conditions and/or |
23 | pursuant to § 34-18-31. |
24 | (2) "Designated community organization" means a not-for-profit organization or |
25 | association having nonprofit status under §501(c)(3) of the United States Internal Revenue Code |
26 | that has the capacity to provide education in a program established under § 34-18.3-6. To the extent |
27 | practicable, such designated community organization shall maintain a practice of furnishing free |
28 | services; possess expertise and experience in community education and organizing, and ties to the |
29 | communities they serve; demonstrate expertise in recognizing and responding to the housing issues |
30 | facing low-income residents of the state; possess adequate expertise to provide consistent, high |
31 | quality supervision, oversight, training, evaluation, and strategic response to emerging or changing |
32 | needs in the communities served; and maintain reasonable workloads and working conditions for |
33 | their staff. |
34 | (3) "Designated legal organization" means a not-for-profit (charitable) organization or |
| LC005806 - Page 2 of 20 |
1 | association having tax deductible for contributions status under §501(c)(3) of the United States |
2 | Internal Revenue Code that has the capacity to provide comprehensive and effective legal services |
3 | for the program established under this chapter. To the extent practicable, such designated legal |
4 | organizations shall be organizations that maintain a practice of furnishing free or reduced cost legal |
5 | services to individuals; possess expertise in the areas of law for covered actions; have a |
6 | demonstrated history or practice with regard to the legal issues facing low-income residents of the |
7 | state; provide consistent, high quality supervision, oversight, training, evaluation, and strategic |
8 | response to emerging or changing needs in the communities served; and maintain reasonable |
9 | workloads and working conditions for their staff. |
10 | (4) "Director" means the director of the division of civil representation. |
11 | (5) "Division" means the division of civil representation. |
12 | (6) "Eligible individual" means an individual who is at risk of losing their housing |
13 | accommodation in an action for eviction or an administrative proceeding with a publicly subsidized |
14 | source of housing, and/or an individual seeking restoration or maintenance of essential services as |
15 | defined by §34-18-31, and/or is facing unsafe or unhealthy conditions in their rented home that |
16 | require court intervention to remedy. An individual becomes eligible when that individual: |
17 | (i) Becomes the subject of an eviction notice including a five (5) day demand notice, or a |
18 | termination of tenancy notice, or a notice of noncompliance, or a court summons; |
19 | (ii) Is a party in an eviction action; |
20 | (iii) Is a party in an administrative hearing with a publicly subsidized source of housing; or |
21 | (iv) Is a party to an action for unsafe or unhealthy conditions and/or pursuant to § 34-18- |
22 | 31. |
23 | (7) "Eviction" means any action to evict an individual or otherwise terminate a tenancy, or |
24 | any other action that is likely to result in an individual losing their housing accommodation, |
25 | including any proceeding to terminate a housing subsidy, or an action brought by an eligible |
26 | individual based on the landlord's failure to maintain the premises in a fit and habitable condition, |
27 | or in response to an unlawful eviction, or in response to the unlawful actions of a landlord, as well |
28 | as any appeals from any such proceedings. |
29 | (8) "Housing accommodation" or "residence" means that part of any building or structure |
30 | or any part thereof, permanent or temporary, occupied or intended, arranged or designed to be used |
31 | or occupied, by one or more individuals as a home, dwelling unit or apartment, sleeping place, |
32 | boarding house, lodging house or hotel, and all essential services, privileges, furnishings, furniture |
33 | and facilities supplied in connection with its occupation. |
34 | (9) "Legal representation" means ongoing legal representation provided by a designated |
| LC005806 - Page 3 of 20 |
1 | legal organization to eligible individuals and the provision of legal advice, advocacy, and |
2 | assistance, including, but not be limited to: filing a notice of appearance, filing and preparation of |
3 | pleadings and motions on behalf of eligible individuals, court appearances on behalf of eligible |
4 | individuals, pre- and post-trial settlement conferences, and any other activities needed to provide |
5 | legal representation in a "covered proceeding." |
6 | (10) "Office" means the office of the department of housing. |
7 | 34-18.3-3. Right to legal representation in eviction proceedings. |
8 | The civil right to full legal representation for eligible individuals in an eviction action is |
9 | hereby created. |
10 | 34-18.3-4. Division of civil representation. |
11 | There is hereby established, in the department of housing, the division of civil |
12 | representation to create and implement a program to provide legal representation pursuant to § 34- |
13 | 18.3-5. The division shall be headed by a director who shall be appointed by the governor, and shall |
14 | be subject to the advice and consent of the senate. |
15 | 34-18.3-5. Powers and duties of the division of civil representation. |
16 | The director shall have the power and duty to: |
17 | (1) Establish a program to provide legal representation including entering into contracts |
18 | and agreements as may be necessary, in accordance with § 34-18.3-6; |
19 | (2) Prepare and submit to the governor, president of the senate, and speaker of the house |
20 | an annual financial audit of the program's activities, prepared by a certified public accountant |
21 | licensed in the state and carried out in accordance with generally accepted auditing standards; and |
22 | an annual report regarding the program created under § 34-18.3-6. Such report shall include, but |
23 | not be limited to, the following information regarding all individuals requesting services and all |
24 | individuals provided services, disaggregated by municipality; provided, however, that the |
25 | information shall not be required for every case where the individual refuses to provide the |
26 | information or the information is not reasonably ascertainable: |
27 | (i) The total number of people provided legal representation and the total number of people |
28 | requesting but not provided legal representation and the reasons why representation was not |
29 | provided; |
30 | (ii) The outcomes of the cases where legal representation was provided; |
31 | (iii) Gender, race, ethnicity, and age; |
32 | (iv) Postal code of residence; |
33 | (v) Household size; |
34 | (vi) Estimated length of tenancy; |
| LC005806 - Page 4 of 20 |
1 | (vii) Approximate household income; |
2 | (viii) Receipt of ongoing public assistance at the time such legal services were initiated; |
3 | (ix) Tenancy in housing operated by or subsidized through a federal, state or local rental |
4 | subsidy program; |
5 | (x) Legal services provided by type of legal issue; |
6 | (xi) Outcomes immediately following the provision of full legal representation, as |
7 | applicable and available, including, but not limited to, the number of: |
8 | (A) Judgments and stipulated agreements allowing individuals to remain in their residence; |
9 | (B) Judgments and stipulated agreements requiring individuals to be displaced from their |
10 | residence; and |
11 | (C) Instances where an attorney representing an income-eligible individual was discharged |
12 | or withdrew; |
13 | (xii) A list of landlords involved in eviction proceedings; |
14 | (xiii) Residential evictions conducted by sheriffs, disaggregated by municipality; |
15 | (xiv) A list of designated community organizations, the community in which such |
16 | organizations provide services, and the amount of funding provided to each; |
17 | (xv) The number of buildings in which outreach was conducted, the number of workshops |
18 | offered, the number of attendees at such workshops, the number of people referred to nonprofits |
19 | having status under § 501(c)(3) of the United States Internal Revenue Code, and the number of |
20 | trainings offered; and |
21 | (xvi) An evaluation of implementation challenges and recommendations for any future |
22 | programmatic improvements. |
23 | (3) Provide an annual estimate for the funding necessary for the operation of the program |
24 | created under § 34-18.3-6; |
25 | (4) Coordinate with other programs providing legal representation to ensure efficiency of |
26 | functions and to prevent duplication of work; |
27 | (5) Create a program providing outreach and education through designated community |
28 | organizations to spread awareness of the availability of legal representation. With the support of |
29 | the director and adequate funding, designated community organizations shall be responsible for |
30 | engaging and educating tenants of their rights in eviction proceedings, including, but not limited |
31 | to: |
32 | (i) Hosting trainings and other workshops for tenants; |
33 | (ii) Distributing written information to tenants; |
34 | (iii) Assisting tenants in forming and maintaining tenant associations; and |
| LC005806 - Page 5 of 20 |
1 | (iv) Referring tenants to designated legal organization and other activities to engage, |
2 | educate, or inform tenants of their rights in eviction proceedings. Engagement and education shall |
3 | be provided in diverse languages; |
4 | (6) Create and make available resources for individuals with regard to their rights in civil |
5 | legal matters regarding housing accommodations in the languages required by law and such |
6 | additional languages as may be necessary; and |
7 | (7) Promulgate any rules, regulations, and guidance necessary for the implementation of |
8 | the provisions of this chapter. |
9 | 34-18.3-6. Provision of legal representation and community education. |
10 | In accordance with this chapter, the division shall develop programs to guarantee and |
11 | deliver: |
12 | (1) Legal representation to eligible individuals in covered proceedings throughout the state; |
13 | and |
14 | (2) Community outreach and education through one or more designated community |
15 | organizations regarding the programs created by this chapter. |
16 | (b) In creating the programs under subsection (a) of this section, the director shall consult |
17 | with the following: |
18 | (1) Tenants or representatives of tenants, and community groups representing low-income |
19 | or other at-risk members of the community; |
20 | (2) Legal and community-based organizations; |
21 | (3) Representatives of the judiciary; |
22 | (4) Representatives of a municipality operating or funding a program providing legal |
23 | representation, legal consultation, or community education and outreach or representatives of the |
24 | organizations involved in such programs; and |
25 | (5) Any other organizations or individuals as may be necessary as determined by the |
26 | director. |
27 | (c) The division shall post on its website information regarding the programs created under |
28 | this section including how individuals may find services available in their community. |
29 | (d) The division shall hold one or more hearings or listening sessions in each municipality |
30 | of the state on an annual basis to evaluate the programs created pursuant to this section and to |
31 | incorporate any necessary changes to such programs. |
32 | (e) The division is responsible for creating an informational pamphlet in both English and |
33 | other languages as required by law and regulation which describes the legal rights of tenants and |
34 | the right to legal representation established within this bill, and provides information on resources |
| LC005806 - Page 6 of 20 |
1 | available to tenants. |
2 | (f) A sheriff or constable shall provide a copy of the pamphlet described under subsection |
3 | (e) of this section in addition to the process served on a tenant, an assignee, or a subtenant in all |
4 | covered proceedings. |
5 | 34-18.3-7. Lease provisions. |
6 | Any lease or contract for rental of residential property shall provide notice of the tenant's |
7 | right to legal representation pursuant to this chapter. Lease provisions waiving the right to legal |
8 | representation or otherwise limiting the tenant's right to obtain legal representation shall be void |
9 | and unenforceable. |
10 | 34-18.3-8. Severability. |
11 | If any clause, sentence, paragraph, section, or part of this chapter or its application to any |
12 | individual or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be |
13 | invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its |
14 | application to other individuals or circumstances; provided, however, that judgment shall be |
15 | confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the |
16 | controversy in which that judgment shall have been rendered. |
17 | SECTION 3. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential |
18 | Landlord and Tenant Act" is hereby amended to read as follows: |
19 | 34-18-56. Notices and complaint forms. |
20 | (a) A notice in substantially the following language shall suffice for the purpose of giving |
21 | a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant |
22 | to § 34-18-35: |
23 | FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT |
24 | R.I.G.L. 34-18-35 |
25 | Date of Mailing: _____________________ |
26 | TO: __________________________ |
27 | (tenant) |
28 | _____________________________ |
29 | _____________________________ |
30 | You are now more than fifteen days in arrears for some or all of the rent owed under your |
31 | rental agreement. State law requires that you be sent this Notice of arrearage. |
32 | Unless you make payment of all rent in arrears within five days of the date this notice was |
33 | mailed to you, an eviction action may be instituted in court against you. You can prevent the |
34 | eviction by paying all rent owing within five days of the mailing of this notice. |
| LC005806 - Page 7 of 20 |
1 | If you believe you have a legal reason for not paying this rent, you will be able to present |
2 | that defense at the eviction hearing. You may be entitled to legal representation through a |
3 | designated legal organization. Contact the Rhode Island Department of Housing, Division of Civil |
4 | Representation. The rent in arrears as of the above date is $_____________. |
5 | __________________________________ |
6 | (signature) |
7 | __________________________________ |
8 | __________________________________ |
9 | (name and address of land-lord/owner) |
10 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
11 | addressed to the tenant, on the ________ day of ________________________, 20______. |
12 | __________________________________ |
13 | (landlord or owner signature) |
14 | (b) A notice in substantially the following language shall suffice for the purpose of giving |
15 | a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36: |
16 | NOTICE OF NONCOMPLIANCE |
17 | R.I.G.L. 34-18-36 |
18 | Date of Mailing: ____________________ |
19 | TO: __________________________ |
20 | (tenant) |
21 | _____________________________ |
22 | _____________________________ |
23 | (address) |
24 | You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-24, because |
25 | you: |
26 |
|
27 |
|
28 |
|
29 | (provide details) |
30 | To remedy this situation you must do the following within twenty days of the date of |
31 | mailing of this Notice: |
32 |
|
33 |
|
34 |
|
| LC005806 - Page 8 of 20 |
1 | If you do not remedy this situation within twenty days, your rental agreement will terminate |
2 | without further notice on __________ (date, which must be not less than twenty-one days from the |
3 | date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your |
4 | noncompliance if this is the second notice on the same subject within the past six months.) After |
5 | that date an eviction case may begin in court, and you may be served with a complaint. You will |
6 | have the right to a hearing and to present any defenses you believe you have. You may be entitled |
7 | to legal representation through a designated legal organization. Contact the Rhode Island |
8 | Department of Housing, Division of Civil Representation. |
9 | __________________________________ |
10 | (signature) |
11 | __________________________________ |
12 | __________________________________ |
13 | (name and address of land-lord/owner) |
14 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
15 | addressed to the tenant, on the ________ day of ________________________, 20______. |
16 | __________________________________ |
17 | (landlord or owner signature) |
18 | (c) A notice in substantially the following language shall suffice for the purpose of giving |
19 | a tenant notice of termination of tenancy pursuant to § 34-18-37: |
20 | NOTICE OF TERMINATION OF TENANCY |
21 | R.I.G.L. 34-18-37 |
22 | Date of Mailing: _______________________ |
23 | TO: _________________________ |
24 | (tenant) |
25 | _____________________________ |
26 | _____________________________ |
27 | (address) |
28 | You are hereby directed to vacate and remove your property and personal possessions from the |
29 | premises located at __________________________________ and deliver control of the premises |
30 | to the |
31 | (address of premises) |
32 | landlord/owner on the first day after the end of your current rental period, namely |
33 | ____________________. |
34 | (insert date) |
| LC005806 - Page 9 of 20 |
1 | This notice is given for the purpose of terminating your tenancy. You must continue to pay |
2 | rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment |
3 | eviction action may be instituted against you. |
4 | If you fail to vacate the premises by the date specified, an eviction may be instituted against |
5 | you without further notice. If you believe you have a defense to this termination, you will be able |
6 | to raise that defense at the court hearing. You may be entitled to legal representation through a |
7 | designated legal organization. Contact the Rhode Island Department of Housing, Division of Civil |
8 | Representation. |
9 | __________________________________ |
10 | (signature) |
11 | __________________________________ |
12 | __________________________________ |
13 | (name and address of land-lord/owner) |
14 | I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, |
15 | addressed to the tenant, on the ________ day of ________________________, 20______. |
16 | __________________________________ |
17 | (landlord or owner signature) |
18 | (d) A complaint in substantially the following language shall suffice for the purpose of |
19 | commencing an eviction action for nonpayment of rent pursuant to § 34-18-35: |
20 | State of Rhode Island |
21 | _______________________, Sc. |
22 | DISTRICT COURT |
23 | ____________________________ _____________ DIVISION |
24 | PLAINTIFF DEFENDANT |
25 | ____________________________ __________________________________ |
26 | (Landlord's Name) (Tenant's Name) |
27 | V |
28 | __________________________________ __________________________________ |
29 | __________________________________ __________________________________ |
30 | __________________________________ __________________________________ |
31 | (address) (address of rental premises) |
32 | COMPLAINT FOR EVICTION |
33 | FOR NONPAYMENT OF RENT |
34 | R.I.G.L. 34-18-35 |
| LC005806 - Page 10 of 20 |
1 | 1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant |
2 | Tenant currently resides. |
3 | 2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from |
4 | the defendant. The rent is $__________ per __________, and the amount in arrears is $________ |
5 | as of the __________ day of __________, 20____. |
6 | (month) |
7 | 3. Plaintiff has served the five-day demand notice as required by law, and a copy of that |
8 | notice is attached to this complaint. The notice was mailed to the defendant on the __________ day |
9 | of ________, 20____. |
10 | 4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either |
11 | before or after the demand notice. Defendant remains in possession of the rental premises. |
12 | WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the |
13 | premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs. |
14 | __________________________________ |
15 | (Name & address of landlord/owner |
16 | or attorney for landlord) |
17 | __________________________________ |
18 | Date complaint filed with clerk __________________ |
19 | (e) A complaint in substantially the following language shall suffice for the purpose of commencing |
20 | an eviction action for noncompliance with the rental agreement pursuant to § 34-18-36, or an |
21 | eviction action for unlawfully holding over after expiration or termination of the tenancy pursuant |
22 | to § 34-18-38: |
23 | STATE OF RHODE ISLAND |
24 | _______________________, Sc. DISTRICT COURT |
25 | ____________________________ _____________ DIVISION |
26 | PLAINTIFF DEFENDANT |
27 | ____________________________ __________________________________ |
28 | (Landlord's Name) (Tenant's Name) |
29 | V |
30 | __________________________________ __________________________________ |
31 | __________________________________ __________________________________ |
32 | (address) (address of rental premises) |
33 | COMPLAINT FOR EVICTION |
34 | FOR REASON OTHER THAN |
| LC005806 - Page 11 of 20 |
1 | NONPAYMENT OF RENT |
2 | R.I.G.L. 34-18-36 |
3 | R.I.G.L. 34-18-38 |
4 | 1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant |
5 | Tenant(s) resides. |
6 | 2. CHECK ONE: |
7 | ____ Defendant breached the tenant's obligations under the rental agreement or § 34-18- |
8 | 24 as set forth in the attached copy of the notice of noncompliance which was mailed to the |
9 | defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required |
10 | notice of noncompliance.) |
11 | ____ Defendant has remained in possession of the rented premises following the period set |
12 | forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff |
13 | must attach copy of required termination notice.) |
14 | ____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10). |
15 | 3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of |
16 |
|
17 | for |
18 |
|
19 |
|
20 |
|
21 | (explain basis for money claim) |
22 | Plaintiff seeks costs and fees (if applicable). |
23 | __________________________________ |
24 | (Signature of Landlord/Owner or |
25 | Attorney) |
26 | __________________________________ |
27 | Date complaint filed with clerk __________ |
28 | (f) A complaint in substantially the following language, or in similar language, shall be |
29 | sufficient for use by landlords or by tenants to bring any claims or causes of action other than |
30 | eviction actions: |
31 | NOT FOR EVICTION |
32 | State of Rhode Island |
33 | _______________________, Sc. DISTRICT COURT |
34 | ____________________________ _____________ DIVISION |
| LC005806 - Page 12 of 20 |
1 | PLAINTIFF DEFENDANT |
2 | ____________________________ __________________________________ |
3 | (Name) (Name) |
4 | V |
5 | __________________________________ __________________________________ |
6 | __________________________________ __________________________________ |
7 | __________________________________ __________________________________ |
8 | (address) (address of rental premises) |
9 | LANDLORD-TENANT COMPLAINT |
10 | (NOT FOR USE IN EVICTIONS) |
11 | 1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises |
12 | at. |
13 | (address of rental premises) |
14 | 2. Defendant is the ____ Tenant ____ Landlord/Owner. |
15 | 3. Plaintiff claims that defendant has breached the obligations of the rental agreement or |
16 | law in relation to this landlord-tenant relationship, as follows: |
17 |
|
18 |
|
19 |
|
20 | (brief description of claim, attach extra sheet, if necessary) |
21 | 4. Plaintiff seeks the following judgment or relief from the Court: |
22 |
|
23 |
|
24 |
|
25 | Date Complaint Filed __________________________________ |
26 | With Clerk: __________ (Signature of plaintiff or plaintiff's |
27 | attorney) |
28 | __________________________________ |
29 | (address) |
30 | (g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35 |
31 | shall be in substantially the following form: |
32 | STATE OF RHODE ISLAND |
33 | DISTRICT COURT SUMMONS |
34 | EVICTION-NONPAYMENT OF RENT |
| LC005806 - Page 13 of 20 |
1 | DIVISION COUNTY CIVIL ACTION-FILE NO. |
2 | Address of Court: |
3 | __________________________________ __________________________________ |
4 | __________________________________ __________________________________ |
5 | __________________________________ __________________________________ |
6 | (name & address of plaintiff landlord) (name & address of defendant-tenant) |
7 | TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If |
8 | you do nothing, you will lose by default and be evicted. If you claim any defense, you must |
9 | complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You |
10 | should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M. |
11 | on the hearing date, at the court address listed above. You should go to the hearing or you may lose |
12 | by default. If you think the case is "settled," you should still go to the hearing to make sure the |
13 | settlement is in the court record. You may be entitled to legal representation through a designated |
14 | legal organization. Contact the Rhode Island Department of Housing, Division of Civil |
15 | Representation. |
16 | YOUR HEARING DATE IS: ________________________________. |
17 | (Proof of Service on next page) |
18 | ________________________________________ |
19 | PROOF OF SERVICE |
20 | I hereby certify that I served a copy of the Complaint and Summons & Answer upon the |
21 | defendant(s) by delivering or leaving said papers in the following manner: |
22 | ______ to the defendant personally; or |
23 | ______ at his or her dwelling unit or usual place of abode at the address listed |
24 | below with a person of suitable age then residing therein; or |
25 | ______ if none be found, by posting conspicuously on the door to the defendant's |
26 | dwelling unit. |
27 | ADDRESS OF DWELLING OR USUAL PLACE OF ABODE: |
28 |
|
29 |
|
30 | NAME OF PERSON OF SUITABLE AGE: |
31 |
|
32 |
|
33 | SERVICE DATE: |
34 |
|
| LC005806 - Page 14 of 20 |
1 | DEPUTY SHERIFF/CONSTABLE: |
2 |
|
3 |
|
4 | CERTIFICATE OF SERVICE |
5 | I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. |
6 | Mail, postage prepaid, on the __________________ day of ________________, 20____, addressed |
7 | to defendant at the following address: |
8 | ________________________________________________. |
9 | __________________________________ |
10 | (Signature of ____________ Clerk) |
11 | (h) The summons in an action for eviction for noncompliance with the rental agreement |
12 | pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy |
13 | pursuant to § 34-18-38, shall be in substantially the following form: |
14 | State of Rhode Island |
15 | District Court |
16 | Summons |
17 | EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT |
18 | DIVISION COUNTY CIVIL ACTION-FILE NO. |
19 | Address of Court: |
20 | __________________________________ __________________________________ |
21 | V |
22 | __________________________________ __________________________________ |
23 | __________________________________ __________________________________ |
24 | (name & address of plaintiff landlord) (name & address of defendant- tenant) |
25 | TO THE TENANT: You are served with an eviction complaint for noncompliance with |
26 | rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration |
27 | of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you |
28 | claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk |
29 | within TWENTY (20) days after you are served with this summons and complaint. You should also |
30 | mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed |
31 | ANSWER, then you will receive another written notice telling you when the hearing will be. If you |
32 | have any questions, you may consult a lawyer. If you think the case is "settled" you should still file |
33 | the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office. You |
34 | may be entitled to legal representation through a designated legal organization. Contact the Rhode |
| LC005806 - Page 15 of 20 |
1 | Island Department of Housing, Division of Civil Representation. |
2 | (Proof of Service on next page) |
3 | ________________________________________ |
4 | PROOF OF SERVICE |
5 | I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon |
6 | the defendant(s) by delivering or leaving said papers in the following manner: |
7 | ____ to the defendant personally |
8 | ____ at his/her dwelling unit or usual place of abode at the address listed below, with a |
9 | person of suitable age then residing therein |
10 | ____ to an agent named below authorized by appointment or by law to receive service of |
11 | process |
12 | ____ further notice as required by law was given as noted below |
13 | Address of dwelling or usual place of abode: |
14 |
|
15 | Name of person of suitable age or of agent: |
16 |
|
17 | Service Date: ____________________ |
18 | Deputy Sheriff/Constable (circle one): |
19 | __________________________________ |
20 | (signature) |
21 | (i) The summons in an action relating to any claims by tenants, or by landlords other than |
22 | for eviction, shall be in substantially the following form: |
23 | State of Rhode Island |
24 | District Court Summons |
25 | ________________________ _____________________________ |
26 | DIVISION COUNTY CIVIL ACTION-FILE NO. |
27 | _____________________________ _____________________________ |
28 | PLAINTIFF PLAINTIFF'S ATTORNEY |
29 | __________________________________ |
30 | ADDRESS |
31 | _________________ vs |
32 | DEFENDANT |
33 | __________________________________ |
34 | DEFENDANT'S ADDRESS |
| LC005806 - Page 16 of 20 |
1 | ______________________________ __________________________________ |
2 | TO THE ABOVE-NAMED DEFENDANT: |
3 | You are hereby summoned and required to serve upon the plaintiff's attorney, whose name |
4 | and address appears above, an answer to the complaint which is herewith served upon you. Your |
5 | answer must be made within 20 days after service of this summons, excluding the date of service. |
6 | The original must be filed in writing with this court. If you fail to do so, judgment by default will |
7 | be taken against you for the relief demanded in the complaint. You may be entitled to legal |
8 | representation through a designated legal organization. Contact the Rhode Island Department of |
9 | Housing, Division of Civil Representation. |
10 | ______________________________ __________________________________ |
11 | DATE CLERK |
12 | ______________________________ __________________________________ |
13 | SEAL OF THE DISTRICT COURT DATE RECEIVED |
14 |
|
15 | PROOF OF SERVICE |
16 | I hereby certify that on the date below I served a copy of this summons and a copy of the |
17 | complaint received herewith upon the above-named defendant by delivering or leaving said papers |
18 | in the following manner: |
19 | □ to the defendant personally. |
20 | □ at his dwelling house or usual place of abode at the address entered |
21 | below, with a person of suitable age and discretion then residing therewith. |
22 | □ to an agent named below authorized by appointment or by law to receive |
23 | service of process. |
24 | □ Further notice as required by statute was given as noted on the reverse |
25 | side. |
26 |
|
27 | Address of Dwelling or Usual Place of Abode |
28 |
|
29 | Name of Authorized Agent or Person of Suitable Age |
30 | ______________________________ __________________________________ |
31 | Date Deputy Sheriff/Constable |
32 | ______________________________ __________________________________ |
33 | SERVICE FEE $________ |
34 | (j) The blank answer served in eviction actions shall be in substantially the following form: |
| LC005806 - Page 17 of 20 |
1 | State of Rhode Island |
2 | _______________________, Sc. DISTRICT COURT |
3 | ____________________________ _____________ DIVISION |
4 | PLAINTIFF DEFENDANT |
5 | ____________________________ __________________________________ |
6 | (Landlord's Name) (Tenant's Name) |
7 | V |
8 | __________________________________ __________________________________ |
9 | __________________________________ __________________________________ |
10 | (address) (address of rental premises) |
11 | INSTRUCTIONS TO THE DEFENDANT |
12 | Listed below are several possible defenses to the eviction action your landlord has filed |
13 | against you. If one or more of these defenses apply to your case, check the appropriate box(es). If |
14 | space is provided, write in facts in support of that defense. Use additional paper if necessary. Some |
15 | of these defenses are technical, and there may be others not listed here. You may consult a lawyer |
16 | and seek representation before filling out this Answer. You may be entitled to legal representation |
17 | through a designated legal organization. Contact the Rhode Island Department of Housing, Division |
18 | of Civil Representation. |
19 | TENANT'S ANSWER |
20 | The complaint against me is untrue or fails to state the following facts: |
21 | I offered rent, but my landlord refused it. I am still able and willing to pay the rent. |
22 | I have a defense for nonpayment because the landlord has failed to maintain the premises |
23 | in a fit and habitable condition. |
24 | My rent has not been paid, but I have a legally justifiable defense for not paying: |
25 | I have a written lease which does not expire until: |
26 | I have not received the required notice from the landlord before this complaint was served |
27 | on me. |
28 | The landlord is trying to evict me because I have exercised my legal rights by calling code |
29 | enforcement officials, or by taking the following protected action: |
30 | I have other defenses as follow: |
31 | WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a |
32 | judgment in my favor and not order me to be evicted. |
33 | COUNTERCLAIM |
34 | Instructions: If you believe you are entitled to be awarded damages or money for any reason |
| LC005806 - Page 18 of 20 |
1 | from your landlord, you may fill out the statement below: |
2 | I hereby sue my landlord for the amount of $_____________. |
3 | I believe I am entitled to receive an award of this amount because |
4 |
|
5 | __________________________________ __________________________________ |
6 | Name of Defendant (or attorney) Signature of Defendant |
7 | ___________________________________ |
8 | Address |
9 | ___________________________________ |
10 | Telephone number |
11 | ___________________________________ |
12 | SECTION 4. This act shall take effect upon passage. |
======== | |
LC005806 | |
======== | |
| LC005806 - Page 19 of 20 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL TENANT'S RIGHT TO LEGAL | |
REPRESENTATION ACT | |
*** | |
1 | This act would create the division of civil representation within the department of housing |
2 | and require a designated legal organization to provide legal representation to all tenants who qualify |
3 | in eviction proceedings. The act would also provide that notice of a tenant’s right to legal |
4 | representation be included in all residential landlord/tenant complaint forms and that any attempt |
5 | to waive that right in a lease would be void. |
6 | This act would take effect upon passage. |
======== | |
LC005806 | |
======== | |
| LC005806 - Page 20 of 20 |