2026 -- H 7083 | |
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LC003945 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- GENERAL POWERS | |
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Introduced By: Representatives Lima, Potter, Cruz, Slater, Diaz, Sanchez, Handy, | |
Date Introduced: January 14, 2026 | |
Referred To: House Municipal Government & Housing | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-2-21 of the General Laws in Chapter 45-2 entitled "General |
2 | Powers" is hereby amended to read as follows: |
3 | 45-2-21. City of Cranston — Municipal court City of Cranston -- Municipal court -- |
4 | Housing division. |
5 | (a) Establishment. The city council of the city of Cranston may establish a municipal court |
6 | and confer upon the court original jurisdiction notwithstanding any other provisions of the general |
7 | laws to hear and determine causes the involving violation of any ordinance of the city including all |
8 | minimum housing violations of the city; provided, that any defendant found guilty of any offense |
9 | excluding minimum housing violations within the jurisdiction thereof by the court, may, within |
10 | five (5) days of the conviction, file an appeal from the conviction to the superior court and be |
11 | entitled in the latter court to a trial de novo; provided, that any defendant found guilty of any |
12 | minimum housing violation may, within five (5) days of the conviction, file an appeal from the |
13 | conviction to the district court and be entitled in the latter court to a trial de novo in accordance |
14 | with §§ 8-8-3(a)(2), 8-8-3.1, and 8-8-3.2. The city council of the city of Cranston may also establish |
15 | a municipal housing division (hereinafter, "housing division") within the municipal court in |
16 | accordance with subsection (e) of this section. |
17 | (b) Judges, clerks and procedures. The city council of the city of Cranston is authorized |
18 | and empowered to appoint a judge of the municipal court and a clerk of the municipal court. The |
19 | city council of the city of Cranston is also authorized to appoint a judge and clerk of the housing |
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1 | division, who may be, but is not required to be, the same person(s) holding the judgeship and |
2 | clerkship of the municipal court. The city council of the city of Cranston is authorized and |
3 | empowered to enact ordinances governing the operation and procedure to be followed in the court |
4 | and the housing division and to establish a schedule of fees and costs. |
5 | (c) Operation, management, and powers of the municipal court. The municipal court may |
6 | impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five |
7 | hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance |
8 | of witnesses, and punish persons for contempt. |
9 | (d) Operation, management, and powers of the housing division. The Cranston city council |
10 | is authorized and empowered to enact ordinances governing the personnel, operation, and |
11 | procedure to be followed in the housing division, and to establish a schedule of fees and costs, and |
12 | to otherwise provide for the operation and management of the housing division. The Cranston city |
13 | council may authorize the housing division impose a sentence not to exceed thirty (30) days in jail |
14 | and to impose fines not in excess of five hundred dollars ($500), or both. The housing division may |
15 | also be empowered to: |
16 | (1) Administer oaths; |
17 | (2) Compel the attendance of witnesses; and |
18 | (3) Punish persons for contempt. |
19 | (e) Municipal housing division establishment and jurisdiction. |
20 | (1) The city council of the city of Cranston may establish a housing division within the |
21 | municipal court, and confer upon the housing division original jurisdiction, notwithstanding any |
22 | other provisions of the general laws, to hear and determine causes involving the violation of the |
23 | zoning ordinances of the city and any violation of the provisions of chapter 24 of this title (“zoning |
24 | ordinances”); any violation of chapter 24.1 of this title (“historical area zoning act”); any violation |
25 | of chapter 24.2 of this title (“minimum housing standards”); any violation of chapter 24.3 of this |
26 | title (“housing maintenance and occupancy code”); any violation of chapter 23 of this title |
27 | (“subdivision of land”); any violation of any local Cranston ordinance or regulation, enacted |
28 | pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (“state |
29 | building code”); and any violation of the provisions of those regulations promulgated by the state |
30 | building code commission entitled SBC-I Rhode Island state building code; SBC-2 Rhode Island |
31 | state one- and two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 |
32 | Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state |
33 | property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-20 |
34 | Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final |
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1 | judgement, decree, or order of the Cranston housing division may, within twenty (20) days after |
2 | entry of this judgment, decree, or order, file an appeal to the superior court and be entitled in the |
3 | latter court to a trial de novo. |
4 | (2) With respect to violations falling under the jurisdiction of the Cranston housing |
5 | division, as outlined in subsection (e)(1) of this section, the city council may also confer upon the |
6 | housing division, in furtherance of the court’s jurisdiction, the power to proceed according to |
7 | equity: |
8 | (i) To restrain, prevent, enjoin, abate, or correct a violation; |
9 | (ii) To order the repair, vacation, or demolition of any dwelling existing in violation; |
10 | (iii) To otherwise compel compliance with all of the provisions of the ordinances and |
11 | statutes; and |
12 | (iv) To order a dwelling into receivership and to order the removal of any cloud on the title |
13 | to the building or property that shall be binding upon all those claiming by, through, under; or by |
14 | virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34. |
15 | 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 TOWNS AND CITIES -- GENERAL POWERS | |
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1 | This act would authorize the city of Cranston to establish a housing division within its |
2 | municipal court. |
3 | This act would take effect upon passage. |
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