2025 -- H 6378 SUBSTITUTE A | |
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LC002968/SUB A | |
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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 | |
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Introduced By: Representatives Morales, Shallcross Smith, Felix, Cruz, Potter, Stewart, | |
Date Introduced: May 30, 2025 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-18-60 of the General Laws in Chapter 34-18 entitled "Residential |
2 | Landlord and Tenant Act" is hereby amended to read as follows: |
3 | 34-18-60. Sealing and unsealing of court files. |
4 | (a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court |
5 | upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal |
6 | period following the conclusion of the underlying civil action. |
7 | (b) In ruling on the motion to seal, the court shall grant the motion and seal the record of |
8 | the civil action upon a finding that the underlying civil action was dismissed as a result of a motion |
9 | to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied |
10 | by the parties, any monetary judgment against the moving party has been satisfied in full, or the |
11 | action has been dismissed for lack of prosecution after a five-year (5) period. The court shall also |
12 | make a finding that the moving party notified all parties to the underlying civil action of their |
13 | motion to seal the record and that motion is the only request made under this section by the moving |
14 | party within the previous five (5) years. |
15 | (c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a |
16 | motion to seal the record of the action upon satisfaction of the requirements set forth in subsections |
17 | (a) and (b) of this section. Parties requesting seal of their record under this section are limited to |
18 | one request every five (5) years. |
19 | (d) In ruling on a motion to seal when a civil action is dismissed for either a defective |
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1 | complaint and/or lack of jurisdiction of the court, the court shall grant the motion and seal the |
2 | record, however, the sealing of an eviction record under this subsection shall not be counted when |
3 | considering a moving party’s eligibility to request the sealing of one eviction record in five (5) |
4 | years as set forth in § 34-18-60. |
5 | (e) The court shall seal any minor named in an eviction proceeding, and electronic docket |
6 | entries related thereto. The sealing of an eviction record under this subsection shall not be counted |
7 | when considering a moving party’s eligibility to request the sealing of one eviction record in five |
8 | (5) years as set forth in § 34-18-60. |
9 | 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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1 | This act would allow for the sealing of eviction records when a case is dismissed for reasons |
2 | including, but not limited to, a defective complaint and/or lack of jurisdiction of the court. It would |
3 | also allow for the sealing of any minor named in an eviction proceeding. The sealing of a record |
4 | under these circumstances would not be counted in a tenant's right to petition for the sealing of one |
5 | eviction record in five (5) years in accordance with § 34-18-60. |
6 | This act would take effect upon passage. |
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