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Rhode Island General Assembly· H 8385Committee recommended measure be held for further study

PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT, the official text

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H8385 2026 -- H 8385 ======== LC006198 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT Introduced By: Representatives Cruz, Potter, Stewart, Kislak, Tanzi, Furtado, Sanchez, and Morales 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 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. ======== LC006198 ======== LC006198 - Page 2 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT *** 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. ======== LC006198 ======== LC006198 - Page 3 of 3
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