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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:

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     SECTION 1. Section 34-18-60 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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     34-18-60. Sealing and unsealing of court files.

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

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

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period following the conclusion of the underlying civil action.

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

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

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to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied

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by the parties, any monetary judgment against the moving party has been satisfied in full, or the

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action has been dismissed for lack of prosecution after a five-year (5) period. The court shall also

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make a finding that the moving party notified all parties to the underlying civil action of their

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motion to seal the record and that motion is the only request made under this section by the moving

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party within the previous five (5) years.

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

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

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

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one request every five (5) years.

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     (d) In ruling on a motion to seal when a civil action is dismissed for either a defective

 

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complaint and/or lack of jurisdiction of the court, the court shall grant the motion and seal the

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record, however, the sealing of an eviction record under this subsection shall not be counted when

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considering a moving party’s eligibility to request the sealing of one eviction record in five (5)

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years as set forth in § 34-18-60.

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     (e) The court shall seal any minor named in an eviction proceeding, and electronic docket

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entries related thereto. The sealing of an eviction record under this subsection shall not be counted

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when considering a moving party’s eligibility to request the sealing of one eviction record in five

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(5) years as set forth in § 34-18-60.

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

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

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also allow for the sealing of any minor named in an eviction proceeding. The sealing of a record

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under these circumstances would not be counted in a tenant's right to petition for the sealing of one

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eviction record in five (5) years in accordance with § 34-18-60.

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     This act would take effect upon passage.

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