2026 -- H 8385 | |
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LC006198 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
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Introduced By: Representatives Cruz, Potter, Stewart, Kislak, Tanzi, Furtado, Sanchez, | |
Date Introduced: April 01, 2026 | |
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 this section. |
5 | (e) The court shall seal the record, following the expiration of any appeal period, when a |
6 | tenant prevails following a hearing or trial before the court, however, the sealing of an eviction |
7 | record under this subsection shall not be counted when considering a moving party’s eligibility to |
8 | request the sealing of one eviction record in five (5) years as set forth in this section. |
9 | (f) The court shall seal any minor named in an eviction proceeding, or any individual |
10 | between the ages of eighteen (18) and twenty-one (21) named in an eviction proceeding who did |
11 | not execute the lease and has a familiar relationship with any tenant named in the eviction |
12 | proceeding, and electronic docket entries related thereto. The sealing of an eviction record under |
13 | this subsection shall not be counted when considering a moving party’s eligibility to request the |
14 | sealing of one eviction record in five (5) years as set forth in this section. |
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 PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT | |
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1 | This act would allow for the sealing of an eviction record for a defective complaint and/or |
2 | lack of jurisdiction, as well as for any minor named in an eviction proceeding or any individual |
3 | between the ages of eighteen (18) and twenty-one (21) who did not sign a lease and is named in an |
4 | eviction proceeding. This act would allow the court to seal the record following the expiration of |
5 | any appeal period. The sealing of an eviction record under this subsection shall not be counted |
6 | when considering a moving party's eligibility to request the sealing of one eviction record in five |
7 | (5) years. |
8 | This act would take effect upon passage. |
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