2022 -- H 7892

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LC004438

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     

     Introduced By: Representatives Tanzi, Shekarchi, Ajello, Kislak, Williams, Felix,
McGaw, Shanley, Cassar, and Batista

     Date Introduced: March 04, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant

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Act" is hereby amended by adding thereto the following section:

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     34-18-58. Sealing and unsealing of court files.

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     (a) All actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 shall be sealed upon

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filing provided that, actions filed under §§ 34-18-35, 34-18-36, and 34-18-38 shall be unsealed as

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described in subsections (a)(1) and (a)(2) of this section:

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     (1) Eviction actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 shall be unsealed

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upon entry of a final judgment in favor of the plaintiff after trial or default judgment; or

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     (2) Eviction actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 resolved by

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stipulation shall be unsealed upon motion filed by the plaintiff where the plaintiff demonstrates

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either:

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     (i) The defendant breached the stipulation; or

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     (ii) The defendant continues to owe unpaid rent or damages to the plaintiff after vacating

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the rental unit.

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     (b) All actions arising under §§ 34-18-35 and 34-18-38 shall be dismissed and sealed if the

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past due rent is paid through a rent relief program.

 

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     SECTION 2. This act shall take effect on July 1, 2022.

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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 provide for the sealing and unsealing of court files in residential eviction

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proceedings and provide that any eviction for nonpayment of rent, in which the rent arrearage is

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paid through a rent relief program shall remain sealed permanently.

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     This act would take effect on July 1, 2022.

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