2026 -- S 2401

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LC004296

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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 TOWNS AND CITIES -- GENERAL POWERS

     Introduced By: Senators Gallo, Vargas, and LaMountain

     Date Introduced: January 30, 2026

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-2-21 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-21. City of Cranston — Municipal court City of Cranston -- Municipal court --

Housing division.

     (a) Establishment. The city council of the city of Cranston may establish a municipal court

and confer upon the court original jurisdiction notwithstanding any other provisions of the general

laws to hear and determine causes the involving violation of any ordinance of the city including all

minimum housing violations of the city; provided, that any defendant found guilty of any offense

excluding minimum housing violations within the jurisdiction thereof by the court, may, within

five (5) days of the conviction, file an appeal from the conviction to the superior court and be

entitled in the latter court to a trial de novo; provided, that any defendant found guilty of any

minimum housing violation may, within five (5) days of the conviction, file an appeal from the

conviction to the district court and be entitled in the latter court to a trial de novo in accordance

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

a municipal housing division (hereinafter, "housing division") within the municipal court in

accordance with subsection (e) of this section.

     (b) Judges, clerks and procedures. The city council of the city of Cranston is authorized

and empowered to appoint a judge of the municipal court and a clerk of the municipal court. The

city council of the city of Cranston is also authorized to appoint a judge and clerk of the housing

division, who may be, but is not required to be, the same person(s) holding the judgeship and

clerkship of the municipal court. The city council of the city of Cranston is authorized and

empowered to enact ordinances governing the operation and procedure to be followed in the court

and the housing division and to establish a schedule of fees and costs.

     (c) Operation, management, and powers of the municipal court. The municipal court may

impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five

hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance

of witnesses, and punish persons for contempt.

     (d) Operation, management, and powers of the housing division. The Cranston city council

is authorized and empowered to enact ordinances governing the personnel, operation, and

procedure to be followed in the housing division, and to establish a schedule of fees and costs, and

to otherwise provide for the operation and management of the housing division. The Cranston city

council may authorize the housing division impose a sentence not to exceed thirty (30) days in jail

and to impose fines not in excess of five hundred dollars ($500), or both. The housing division may

also be empowered to:

     (1) Administer oaths;

     (2) Compel the attendance of witnesses; and

     (3) Punish persons for contempt.

     (e) Municipal housing division establishment and jurisdiction.

     (1) The city council of the city of Cranston may establish a housing division within the

municipal court, and confer upon the housing division original jurisdiction, notwithstanding any

other provisions of the general laws, to hear and determine causes involving the violation of the

zoning ordinances of the city and any violation of the provisions of chapter 24 of this title (“zoning

ordinances”); any violation of chapter 24.1 of this title (“historical area zoning act”); any violation

of chapter 24.2 of this title (“minimum housing standards”); any violation of chapter 24.3 of this

title (“housing maintenance and occupancy code”); any violation of chapter 23 of this title

(“subdivision of land”); any violation of any local Cranston ordinance or regulation, enacted

pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (“state

building code”); and any violation of the provisions of those regulations promulgated by the state

building code commission entitled SBC-I Rhode Island state building code; SBC-2 Rhode Island

state one- and two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4

Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state

property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-20

Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final

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judgement, decree, or order of the Cranston housing division may, within twenty (20) days after

entry of this judgment, decree, or order, file an appeal to the superior court and be entitled in the

latter court to a trial de novo.

     (2) With respect to violations falling under the jurisdiction of the Cranston housing

division, as outlined in subsection (e)(1) of this section, the city council may also confer upon the

housing division, in furtherance of the court’s jurisdiction, the power to proceed according to

equity:

     (i) To restrain, prevent, enjoin, abate, or correct a violation;

     (ii) To order the repair, vacation, or demolition of any dwelling existing in violation;

     (iii) To otherwise compel compliance with all of the provisions of the ordinances and

statutes; and

     (iv) To order a dwelling into receivership and to order the removal of any cloud on the title

to the building or property that shall be binding upon all those claiming by, through, under; or by

virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

     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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     This act would authorize the city of Cranston to establish a housing division within its

municipal court.

     This act would take effect upon passage.

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