2026 -- S 3163 SUBSTITUTE A

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LC006154/SUB A

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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

     

     Introduced By: Senators Mack, and LaMountain

     Date Introduced: March 27, 2026

     Referred To: Senate 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 this section.

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     (e) The court shall seal the record, following the expiration of any appeal period, when a

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tenant prevails following a hearing or trial before the court, however, the sealing of an eviction

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record under this subsection shall not be counted when considering a moving party’s eligibility to

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request the sealing of one eviction record in five (5) years as set forth in this section.

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     (f)(1) Upon motion of a person who was between eighteen (18) and twenty-one (21) years

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of age at the time an eviction action was commenced, the court may order the sealing of that

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person's association with the eviction record if the court finds by a preponderance of the evidence

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that:

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     (i) The person was not a party to any lease, rental agreement, or other contractual obligation

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for payment of rent;

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     (ii) The person was not financially responsible for rent, occupancy charges, or other

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obligations arising from the tenancy; and

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     (iii) The person was named in the eviction action solely because the person resided at the

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premises and applicable law required all adult occupants to be named in the proceeding.

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     (2) For purposes of this subsection, "dependent" means an individual who was principally

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supported by a parent, guardian, or other tenant of record and who did not assume financial

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responsibility for the tenancy.

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     (3) An order entered pursuant to this subsection shall seal only the eligible individual's

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association with the eviction action and shall not seal, expunge, or otherwise restrict public access

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to the underlying court file, docket, judgment, or orders.

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     (4) Nothing in this subsection shall impair, limit, delay, or otherwise affect the validity,

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collection, execution, recording, or enforcement of any judgment entered in the action.

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     (5) No order shall issue under this subsection unless the judiciary has established a

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mechanism capable of sealing only the eligible individual's association with the eviction action

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without sealing the underlying case record.

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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 an eviction record for a defective complaint and/or

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lack of jurisdiction and would, upon motion of a person between eighteen (18) and twenty-one (21)

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years of age, seal a person's association with an eviction under certain circumstances.

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     This act would take effect upon passage.

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