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 | |
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Introduced By: Senators Mack, and LaMountain | |
Date Introduced: March 27, 2026 | |
Referred To: Senate 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)(1) Upon motion of a person who was between eighteen (18) and twenty-one (21) years |
10 | of age at the time an eviction action was commenced, the court may order the sealing of that |
11 | person's association with the eviction record if the court finds by a preponderance of the evidence |
12 | that: |
13 | (i) The person was not a party to any lease, rental agreement, or other contractual obligation |
14 | for payment of rent; |
15 | (ii) The person was not financially responsible for rent, occupancy charges, or other |
16 | obligations arising from the tenancy; and |
17 | (iii) The person was named in the eviction action solely because the person resided at the |
18 | premises and applicable law required all adult occupants to be named in the proceeding. |
19 | (2) For purposes of this subsection, "dependent" means an individual who was principally |
20 | supported by a parent, guardian, or other tenant of record and who did not assume financial |
21 | responsibility for the tenancy. |
22 | (3) An order entered pursuant to this subsection shall seal only the eligible individual's |
23 | association with the eviction action and shall not seal, expunge, or otherwise restrict public access |
24 | to the underlying court file, docket, judgment, or orders. |
25 | (4) Nothing in this subsection shall impair, limit, delay, or otherwise affect the validity, |
26 | collection, execution, recording, or enforcement of any judgment entered in the action. |
27 | (5) No order shall issue under this subsection unless the judiciary has established a |
28 | mechanism capable of sealing only the eligible individual's association with the eviction action |
29 | without sealing the underlying case record. |
30 | 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 and would, upon motion of a person between eighteen (18) and twenty-one (21) |
3 | years of age, seal a person's association with an eviction under certain circumstances. |
4 | This act would take effect upon passage. |
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