2025 -- H 6378

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LC002968

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Representatives Morales, Shallcross Smith, Felix, Cruz, Potter, Stewart,
and Giraldo

     Date Introduced: May 30, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-18-60 of the General Laws in Chapter 34-18 entitled "Residential

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

     34-18-60. Sealing and unsealing of court files.

     (a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court

upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal

period following the conclusion of the underlying civil action and in actions where the tenant

prevails.

     (b) In ruling on the motion to seal, the court shall grant the motion and seal the record of

the civil action upon a finding that the underlying civil action was dismissed as a result of a motion

to dismiss, including, but not limited to, due to a defective complaint, the action was resolved by

stipulation and the terms of the stipulation have been satisfied by the parties, any monetary

judgment against the moving party has been satisfied in full, or the action has been dismissed for

lack of prosecution after a five-year (5) period or the action has been dismissed for lack of

jurisdiction of the court. The court shall also make a finding that the moving party notified all

parties to the underlying civil action of their motion to seal the record and that motion is the only

request made under this section by the moving party within the previous five (5) years. The court

shall allow for the sealing of the name of any minor person, as defined in § 11-37.3-1(3), named as

a party in an eviction proceeding.

     (c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a

motion to seal the record of the action upon satisfaction of the requirements set forth in subsections

(a) and (b) of this section. Parties requesting seal of their record under this section are limited to

one request every five (5) years; provided, however, said five (5) year limitation shall not apply to:

     (1) Sealing of a record due to a case being dismissed due to a defective complaint and/or a

lack of jurisdiction of the court;

     (2) Sealing of a named minor;

     (3) Sealing of a record wherever a tenant prevails in the action.

     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 for the sealing of eviction records when a case is dismissed for reasons

including, but not limited to, a defective complaint and/or lack of jurisdiction of the court. It would

also allow for the sealing of any minor named in an eviction proceeding and allow for the sealing

of eviction records when a tenant prevails; however, not before an appeal has expired. The act

would also eliminate the limitation on sealing of an eviction record to one eviction record in five

(5) years in certain circumstances.

     This act would take effect upon passage.

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