2023 -- H 6129

========

LC002213

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- PUBLIC DEFENDER

     Introduced By: Representatives Cruz, Cotter, Boylan, Kazarian, Speakman, J. Lombardi,
Potter, Stewart, Baginski, and Casimiro

     Date Introduced: March 06, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings. The general assembly hereby finds and declares that:

     (1) Eviction proceedings have a profoundly disparate impact on low-income individuals

and given this disparate impact, it is imperative that these individuals be provided legal

representation in legal proceedings that put their housing at risk.

     (2) There is a fundamental human right to adequate housing accommodations. Safe, secure,

and accessible housing is essential to achieving equal access to all other fundamental needs.

Without housing, individuals and families too often cannot preserve family integrity, gain

employment or other income, or enjoy access to healthcare, proper nutrition, and education.

     (3) Eviction proceedings and displacement as a result of evictions have a disparate impact

on low-income individuals and particularly on low-income people of color, who are

disproportionately the respondents in eviction proceedings.

     (4) Representation of people who are at risk of losing their homes in legal proceedings

preserves access to housing and ensures compliance with laws protecting people's rights in such

proceedings. Abrupt, unwarranted, or unlawful evictions disrupt lives and livelihoods, force people

to find housing in a market with a severe shortage of affordable housing and often significantly

increases the risk of homelessness. The short- and long-term effects of housing instability are

devastating to individuals and families and can affect physical and mental health, employment and

education.

     (5) Providing a right to legal representation to individuals who are most at risk of housing

instability not only protects individuals and families from these devastating effects, it saves public

funds that would otherwise be spent on shelters and services to people experiencing homelessness

as well as the wide range of detrimental short- and long-term collateral consequences of housing

instability.

     SECTION 2. Title 12 of the General Laws entitled "PUBLIC DEFENDER" is hereby

amended by adding thereto the following chapter:

CHAPTER 15.1

RESIDENTIAL TENANT'S RIGHT TO LEGAL REPRESENTATION ACT

     12-15.1-1. Short title.

     This chapter shall be known and may be cited as the “Residential Tenant’s Right to Legal

Representation Act”.

     12-15.1-2. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) "Designated community organization" means a not-for-profit organization or

association having nonprofit status under §501(C)(3) of the United States Internal Revenue Code

that has the capacity to provide education in a program established under § 12-15.1-6. To the extent

practicable, such designated community organization shall maintain a practice of furnishing free

services; possess expertise and experience in community education and organizing, and ties to the

communities they serve; demonstrate expertise in recognizing and responding to the housing issues

facing low-income residents of the state; possess adequate expertise to provide consistent, high

quality supervision, oversight, training, evaluation, and strategic response to emerging or changing

needs in the communities served; and maintain reasonable workloads and working conditions for

their staff.

     (2) "Designated legal organization" means a not-for-profit (charitable) organization or

association having tax deductible for contributions status under §501(c)(3) of the United States

Internal Revenue Code that has the capacity to provide comprehensive and effective legal services

for the program established under this chapter. To the extent practicable, such designated legal

organizations shall be organizations that maintain a practice of furnishing free or reduced cost legal

services to individuals; possess expertise in the areas of law for covered actions; have a

demonstrated history or practice with regard to the legal issues facing low-income residents of the

state; provide consistent, high quality supervision, oversight, training, evaluation, and strategic

response to emerging or changing needs in the communities served; and maintain reasonable

workloads and working conditions for their staff.

LC002213 - Page 2 of 19

     (3) "Director" means the director of the division of civil representation.

     (4) "Division" means the division of civil representation.

     (5) "Eligible individual" means an individual who is at risk of losing their housing

accommodation in an action for eviction. An individual becomes eligible when that individual:

     (i) Becomes the subject of an eviction notice; or

     (ii) Is a party, in an eviction action.

     (6) "Eviction" means any action to evict an individual or otherwise terminate a tenancy, or

any other action that is likely to result in an individual losing their housing accommodation,

including any proceeding to terminate a housing subsidy, or an action brought by an eligible

individual based on the landlord's failure to maintain the premises in a fit and habitable condition,

or in response to an unlawful eviction, or in response to the unlawful actions of a landlord, as well

as any appeals from any such proceedings.

     (7) "Housing accommodation" or "residence" means that part of any building or structure

or any part thereof, permanent or temporary, occupied or intended, arranged or designed to be used

or occupied, by one or more individuals as a home, dwelling unit or apartment, sleeping place,

boarding house, lodging house or hotel, and all essential services, privileges, furnishings, furniture

and facilities supplied in connection with its occupation.

     (8) "Legal representation" means ongoing legal representation provided by a designated

legal organization to eligible individuals and the provision of legal advice, advocacy, and

assistance, including, but not be limited to: filing a notice of appearance, filing and preparation of

pleadings and motions on behalf of eligible individuals, court appearances on behalf of eligible

individuals, pre- and post-trial settlement conferences, and any other activities needed to provide

legal representation in a covered proceeding.

     (9) "Office" means the office of the public defender.

     12-15.1-3. Right to legal representation in eviction proceedings.

     The civil right to full legal representation for eligible individuals in an eviction action is

hereby created.

     12-15.1-4. Division of civil representation.

     There is hereby established in the office of the public defender, the division of civil

representation to create and implement a program to provide legal representation pursuant to § 12-

15.1-5. The division shall be headed by a director who shall be appointed by the governor, and shall

be subject to the advice and consent of the senate.

     12-15.1-5. Powers and duties of the division of civil representation.

     The director shall have the power and duty to:

LC002213 - Page 3 of 19

     (1) Establish a program to provide legal representation including entering into contracts

and agreements as may be necessary, in accordance with § 12-15.1-6;

     (2) Prepare and submit to the governor, the president of the senate, and the speaker of the

house an annual financial audit of the program's activities, prepared by a certified public accountant

licensed in the state and carried out in accordance with generally accepted auditing standards; and

an annual report regarding the program created under § 12-15.1-6. Such report shall include, but

not be limited to, the following information regarding all individuals requesting services and all

individuals provided services, disaggregated by municipality; provided, however, that the

information shall not be required for every case where the individual refuses to provide the

information or the information is not reasonably ascertainable:

     (i) The total number of people provided legal representation and the total number of people

requesting but not provided legal representation and the reasons why representation was not

provided;

     (ii) The outcomes of the cases where legal representation was provided;

     (iii) Gender, race, ethnicity, and age;

     (iv) Postal code of residence;

     (v) Household size;

     (vi) Estimated length of tenancy;

     (vii) Approximate household income;

     (viii) Receipt of ongoing public assistance at the time such legal services were initiated;

     (ix) Tenancy in housing operated by or subsidized through a federal, state or local rental

subsidy program;

     (x) Legal services provided by type of legal issue;

     (xi) Outcomes immediately following the provision of full legal representation, as

applicable and available, including, but not limited to, the number of:

     (A) Judgments and stipulated agreements allowing individuals to remain in their residence;

     (B) Judgments and stipulated agreements requiring individuals to be displaced from their

residence; and

     (C) Instances where an attorney representing an income-eligible individual was discharged

or withdrew;

     (xii) A list of landlords involved in eviction proceedings;

     (xiii) Residential evictions conducted by sheriffs, disaggregated by municipality;

     (xiv) A list of designated community organizations, the community in which such

organizations provide services, and the amount of funding provided to each;

LC002213 - Page 4 of 19

     (xv) The number of buildings in which outreach was conducted, the number of workshops

offered, the number of attendees at such workshops, the number of people referred to nonprofits

having status under § 501(c)(3) of the United States Internal Revenue Code, and the number of

trainings offered; and

     (xvi) An evaluation of implementation challenges and recommendations for any future

programmatic improvements.

     (3) Provide an annual estimate for the funding necessary for the operation of the program

created under § 12-15.1-6;

     (4) Coordinate with other programs providing legal representation to ensure efficiency of

functions and to prevent duplication of work;

     (5) Create a program providing outreach and education through designated community

organizations to spread awareness of the availability of legal representation. With the support of

the director and adequate funding, designated community organizations shall be responsible for

engaging and educating tenants of their rights in eviction proceedings, including, but not limited

to:

     (i) Hosting trainings and other workshops for tenants;

     (ii) Distributing written information to tenants;

     (iii) Assisting tenants in forming and maintaining tenant associations; and

     (iv) Referring tenants to designated legal organization and other activities to engage,

educate, or inform tenants of their rights in eviction proceedings. Engagement and education shall

be provided in diverse languages;

     (6) Create and make available resources for individuals with regard to their rights in civil

legal matters regarding housing accommodations in the languages required by law and such

additional languages as may be necessary; and

     (7) Promulgate any rules, regulations, and guidance necessary for the implementation of

the provisions of this chapter.

     12-15.1-6. Provision of legal representation and community education.

     (a) In accordance with this chapter, the division shall develop programs to guarantee and

deliver:

     (1) Legal representation to eligible individuals in covered proceedings throughout the state;

and

     (2) Community outreach and education through one or more designated community

organizations regarding the programs created by this chapter.

     (b) In creating the programs under subsection (a) of this section, the director shall consult

LC002213 - Page 5 of 19

with the following:

     (1) Tenants or representatives of tenants, and community groups representing low-income

or other at-risk members of the community;

     (2) Legal and community-based organizations;

     (3) Representatives of the judiciary;

     (4) Representatives of a municipality operating or funding a program providing legal

representation, legal consultation, or community education and outreach or representatives of the

organizations involved in such programs; and

     (5) Any other organizations or individuals as may be necessary as determined by the

director.

     (c) The division shall post on its website information regarding the programs created under

this section including how individuals may find services available in their community.

     (d) The division shall hold one or more hearings or listening sessions in each municipality

of the state on an annual basis to evaluate the programs created pursuant to this section and to

incorporate any necessary changes to such programs.

     12-15.1-7. Lease provisions.

     Any lease or contract for rental of residential property shall provide notice of the tenant's

right to legal representation pursuant to § 12-15.1-3. Lease provisions waiving right to legal

representation or otherwise limiting the tenant's right to obtain legal representation shall be void

and unenforceable.

     12-15.1-8. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter or its application to any

individual or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be

invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its

application to other individuals or circumstances; provided, however that judgment shall be

confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the

controversy in which that judgment shall have been rendered.

     SECTION 3. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential

Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-56. Notices and complaint forms.

     (a) A notice in substantially the following language shall suffice for the purpose of giving

a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant

to § 34-18-35:

FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT

LC002213 - Page 6 of 19

R.I.G.L. 34-18-35

Date of Mailing: _____________________

     TO: __________________________

(tenant)

     _____________________________

     _____________________________

     You are now more than fifteen days in arrears for some or all of the rent owed under your

rental agreement. State law requires that you be sent this Notice of arrearage.

     Unless you make payment of all rent in arrears within five days of the date this notice was

mailed to you, an eviction action may be instituted in court against you. You can prevent the

eviction by paying all rent owing within five days of the mailing of this notice.

     If you believe you have a legal reason for not paying this rent, you will be able to present

that defense at the eviction hearing. You may be entitled to legal representation through a

designated legal organization. Contact the Division of Civil Representation at the Office of the

Public Defender. The rent in arrears as of the above date is $_____________.

__________________________

(signature)

_________________________

_________________________

(name and address of land-lord/owner)

     I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,

addressed to the tenant, on the ________ day of ________________________, 20______.

__________________________

(landlord or owner signature)

     (b) A notice in substantially the following language shall suffice for the purpose of giving

a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36:

NOTICE OF NONCOMPLIANCE

R.I.G.L. 34-18-36

Date of Mailing: ____________________

     TO: __________________________

(tenant)

     _____________________________

     _____________________________

(address)

LC002213 - Page 7 of 19

     You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-

24, because you:

(provide details)

     To remedy this situation you must do the following within twenty days of the date of

mailing of this Notice:

     If you do not remedy this situation within twenty days, your rental agreement will terminate

without further notice on __________ (date, which must be not less than twenty-one days from the

date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your

noncompliance if this is the second notice on the same subject within the past six months.) After

that date an eviction case may begin in court, and you may be served with a complaint. You will

have the right to a hearing and to present any defenses you believe you have. You may be entitled

to legal representation through a designated legal organization. Contact the Division of Civil

Representation at the Office of the Public Defender.

__________________________

(signature)

__________________________

__________________________

(name and address of land-lord/owner)

     I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,

addressed to the tenant, on the ________ day of ________________________, 20______.

__________________________

(landlord or owner signature)

     (c) A notice in substantially the following language shall suffice for the purpose of giving

a tenant notice of termination of tenancy pursuant to § 34-18-37:

NOTICE OF TERMINATION OF TENANCY

R.I.G.L. 34-18-37

Date of Mailing: _______________________

     TO: _________________________

LC002213 - Page 8 of 19

(tenant)

     _____________________________

     _____________________________

(address)

     You are hereby directed to vacate and remove your property and personal possessions from

the premises located at ____________________________________________________________

      (address of premises)

and deliver control of the premises to the landlord/owner on the first day after the end of your

current rental period, namely ____________________.

(insert date)

     This notice is given for the purpose of terminating your tenancy. You must continue to pay

rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment

eviction action may be instituted against you.

     If you fail to vacate the premises by the date specified, an eviction may be instituted against

you without further notice. If you believe you have a defense to this termination, you will be able

to raise that defense at the court hearing. You may be entitled to legal representation through a

designated legal organization. Contact the Division of Civil Representation at the Office of the

Public Defender.

__________________________

(signature)

__________________________

__________________________

(name and address of land-lord/owner)

     I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice,

addressed to the tenant, on the ________ day of ________________________, 20______.

__________________________

(landlord or owner signature)

     (d) A complaint in substantially the following language shall suffice for the purpose of

commencing an eviction action for nonpayment of rent pursuant to § 34-18-35:

State of Rhode Island

     _______________________, Sc. DISTRICT COURT

     ____________________________ _____________ DIVISION

PLAINTIFF DEFENDANT

     ____________________________ ___________ _________________________

LC002213 - Page 9 of 19

(Landlord's Name) (Tenant's Name)

V

     __________________________________ _____________________________________

     __________________________________ _____________________________________

     ________________________________ _______________________________________

(address) (address of rental premises)

COMPLAINT FOR EVICTION

FOR NONPAYMENT OF RENT

R.I.G.L. 34-18-35

     1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant

Tenant currently resides.

     2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from

the defendant. The rent is $__________ per __________, and the amount in arrears is $________

as of the __________ day of __________, 20____.

(month)

     3. Plaintiff has served the five-day demand notice as required by law, and a copy of that

notice is attached to this complaint. The notice was mailed to the defendant on the __________ day

of ________, 20____.

     4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either

before or after the demand notice. Defendant remains in possession of the rental premises.

     WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the

premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs.

      __________________________

(Name & address of landlord/owner

or attorney for landlord)

      _________________________

     Date complaint filed with clerk __________________

     (e) A complaint in substantially the following language shall suffice for the purpose of

commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18-

36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy

pursuant to § 34-18-38:

STATE OF RHODE ISLAND

     _______________________, Sc. DISTRICT COURT

     ____________________________ _____________ DIVISION

LC002213 - Page 10 of 19

PLAINTIFF DEFENDANT

     ____________________________ _________________________

(Landlord's Name) (Tenant's Name)

V

     _____________________________ _________________________

     _____________________________ _________________________

(address) (address of rental premises)

COMPLAINT FOR EVICTION

FOR REASON OTHER THAN

NONPAYMENT OF RENT

R.I.G.L. 34-18-36

R.I.G.L. 34-18-38

     1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant

Tenant(s) resides.

     2. CHECK ONE:

     ____ Defendant breached the tenant's obligations under the rental agreement or § 34-18-

24 as set forth in the attached copy of the notice of noncompliance which was mailed to the

defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required

notice of noncompliance.)

     ____ Defendant has remained in possession of the rented premises following the period set

forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff

must attach copy of required termination notice.)

     ____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10).

     3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of

     for

(explain basis for money claim)

Plaintiff seeks costs and fees (if applicable).

__________________________

(Signature of Landlord/Owner or

Attorney)

LC002213 - Page 11 of 19

_________________________

     Date complaint filed with clerk __________

     (f) A complaint in substantially the following language, or in similar language, shall be

sufficient for use by landlords or by tenants to bring any claims or causes of action other than

eviction actions:

NOT FOR EVICTION

State of Rhode Island

     _______________________, Sc. DISTRICT COURT

     ____________________________ _____________ DIVISION

PLAINTIFF DEFENDANT

     _________________________ _________________________

(Name) (Name)

V

     _______________________________ _________________________

     _______________________________ _________________________

     _______________________________ _________________________

(address) (address of rental premises)

LANDLORD-TENANT COMPLAINT

(NOT FOR USE IN EVICTIONS)

     1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises

at.

(address of rental premises)

     2. Defendant is the ____ Tenant ____ Landlord/Owner.

     3. Plaintiff claims that defendant has breached the obligations of the rental agreement or

law in relation to this landlord-tenant relationship, as follows:

     (brief description of claim, attach extra sheet, if necessary)

     4. Plaintiff seeks the following judgment or relief from the Court:

     Date Complaint Filed __________________________

LC002213 - Page 12 of 19

     With Clerk: __________ (Signature of plaintiff or plaintiff's attorney)

      _________________________

(address)

     (g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35

shall be in substantially the following form:

STATE OF RHODE ISLAND

DISTRICT COURT SUMMONS

EVICTION-NONPAYMENT OF RENT

DIVISION COUNTY CIVIL ACTION-FILE NO.

Address of Court:

     __________________________________ _________________________

     __________________________________ _________________________

     __________________________________ __________________________

     (name & address of plaintiff landlord) (name & address of defendant-tenant)

     TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If

you do nothing, you will lose by default and be evicted. If you claim any defense, you must

complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You

should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M.

on the hearing date, at the court address listed above. You should go to the hearing or you may lose

by default. If you think the case is "settled," you should still go to the hearing to make sure the

settlement is in the court record. You may be entitled to legal representation through a designated

legal organization. Contact the Division of Civil Representation at the Office of the Public

Defender.

     YOUR HEARING DATE IS: ________________________________.

(Proof of Service on next page)

________________________________________

PROOF OF SERVICE

     I hereby certify that I served a copy of the Complaint and Summons & Answer upon the

defendant(s) by delivering or leaving said papers in the following manner:

______ to the defendant personally; or

______ at his or her dwelling unit or usual place of abode

at the address listed below with a person of suitable age then residing therein; or

______ if none be found, by posting conspicuously on the

door to the defendant's dwelling unit.

LC002213 - Page 13 of 19

     ADDRESS OF DWELLING OR USUAL PLACE OF ABODE:

     NAME OF PERSON OF SUITABLE AGE:

     ________________________________________________________________________

     SERVICE DATE:

     DEPUTY SHERIFF/CONSTABLE:

CERTIFICATE OF SERVICE

     I hereby certify that a copy of this Complaint and Summons was placed into regular U.S.

Mail, postage prepaid, on the __________________ day of ________________, 20____, addressed

to defendant at the following address:

________________________________________________.

      __________________________

(Signature of ___________ Clerk)

     (h) The summons in an action for eviction for noncompliance with the rental agreement

pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy

pursuant to § 34-18-38, shall be in substantially the following form:

State of Rhode Island

District Court Summons

EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT

     DIVISION COUNTY CIVIL ACTION-FILE NO.

Address of Court:

______________________________ __________________________

V

____________________________ __________________________

______________________________________ __________________________

(name & address of plaintiff landlord) (name & address of defendant- tenant)

     TO THE TENANT: You are served with an eviction complaint for noncompliance with

rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration

of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you

claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk

within TWENTY (20) days after you are served with this summons and complaint. You should also

LC002213 - Page 14 of 19

mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed

ANSWER, then you will receive another written notice telling you when the hearing will be. If you

have any questions, you may consult a lawyer. If you think the case is "settled" you should still file

the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office. You

may be entitled to legal representation through a designated legal organization. Contact the Division

of Civil Representation at the Office of the Public Defender.

(Proof of Service on next page)

________________________________________

PROOF OF SERVICE

     I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon

the defendant(s) by delivering or leaving said papers in the following manner:

     ____ to the defendant personally

     ____ at his/her dwelling unit or usual place of abode at the address listed below, with a

person of suitable age then residing therein

     ____ to an agent named below authorized by appointment or by law to receive service of

process

     ____ further notice as required by law was given as noted below

     Address of dwelling or usual place of abode:

     Name of person of suitable age or of agent:

     Service Date: ____________________

     Deputy Sheriff/Constable (circle one):

__________________________

(signature)

     (i) The summons in an action relating to any claims by tenants, or by landlords other than

for eviction, shall be in substantially the following form:

State of Rhode Island

District Court Summons

________________________ ________________________

DIVISION COUNTY CIVIL ACTION-FILE NO.

___________________ _____________________

PLAINTIFF PLAINTIFF'S ATTORNEY

__________________________

LC002213 - Page 15 of 19

ADDRESS

_________________ vs

DEFENDANT

__________________________

DEFENDANT'S ADDRESS

______________________________ _________________________

     TO THE ABOVE-NAMED DEFENDANT:

     You are hereby summoned and required to serve upon the plaintiff's attorney, whose name

and address appears above, an answer to the complaint which is herewith served upon you. Your

answer must be made within 20 days after service of this summons, excluding the date of service.

The original must be filed in writing with this court. If you fail to do so, judgment by default will

be taken against you for the relief demanded in the complaint. You may be entitled to legal

representation through a designated legal organization. Contact the Division of Civil

Representation at the Office of the Public Defender.

     ______________________________ __________________________

     DATE CLERK

     ______________________________ __________________________

     SEAL OF THE DISTRICT COURT DATE RECEIVED

PROOF OF SERVICE

     I hereby certify that on the date below I served a copy of this summons and a copy of the

complaint received herewith upon the above-named defendant by delivering or leaving said papers

in the following manner:

□ to the defendant personally.

□ at his dwelling house or usual place of abode at the address entered

below, with a person of suitable age and discretion then residing therewith.

□ to an agent named below authorized by appointment or by law to receive

service of process.

□ Further notice as required by statute was given as noted on the reverse

side.

     Address of Dwelling or Usual Place of Abode

     Name of Authorized Agent or Person of Suitable Age

LC002213 - Page 16 of 19

     ______________________________ __________________________

     Date Deputy Sheriff/Constable

     ______________________________ __________________________

SERVICE FEE $________

     (j) The blank answer served in eviction actions shall be in substantially the following form:

State of Rhode Island

     _______________________, Sc. DISTRICT COURT

     ____________________________ _____________ DIVISION

PLAINTIFF DEFENDANT

     ____________________________ __________________________

(Landlord's Name) (Tenant's Name)

V

     __________________________________ __________________________

     __________________________________ _________________________

(address) (address of rental premises)

INSTRUCTIONS TO THE DEFENDANT

     Listed below are several possible defenses to the eviction action your landlord has filed

against you. If one or more of these defenses apply to your case, check the appropriate box(es). If

space is provided, write in facts in support of that defense. Use additional paper if necessary. Some

of these defenses are technical, and there may be others not listed here. You may consult a lawyer

and seek representation before filling out this Answer. You may be entitled to legal representation

through a designated legal organization. Contact the Division of Civil Representation at the Office

of the Public Defender.

TENANT'S ANSWER

     The complaint against me is untrue or fails to state the following facts:

     I offered rent, but my landlord refused it. I am still able and willing to pay the rent.

     I have a defense for nonpayment because the landlord has failed to maintain the premises

in a fit and habitable condition.

     My rent has not been paid, but I have a legally justifiable defense for not paying:

     I have a written lease which does not expire until:

     I have not received the required notice from the landlord before this complaint was served

on me.

     The landlord is trying to evict me because I have exercised my legal rights by calling code

enforcement officials, or by taking the following protected action:

LC002213 - Page 17 of 19

     I have other defenses as follow:

     WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a

judgment in my favor and not order me to be evicted.

COUNTERCLAIM

     Instructions: If you believe you are entitled to be awarded damages or money for any reason

from your landlord, you may fill out the statement below:

     I hereby sue my landlord for the amount of $_____________.

     I believe I am entitled to receive an award of this amount because

     __________________________________ __________________________

     Name of Defendant (or attorney) Signature of Defendant

     ___________________________________

     Address

     ___________________________________

     Telephone number

     ___________________________________

     SECTION 4. Section 12-15-3 of the General Laws in Chapter 12-15 entitled "Public

Defender" is hereby amended to read as follows:

     12-15-3. Duty to represent indigent defendants.

     It shall be the duty of the public defender to represent and act as attorney for indigent

defendants in those criminal cases referred to him or her by the supreme court, by the superior

courts, by the district courts, and as are set forth in § 14-1-31, as well as all civil evictions pursuant

to chapter 15.1 of this title, and he or she shall be engaged full time in that capacity.

     SECTION 5. This act shall take effect upon passage.

========

LC002213

========

LC002213 - Page 18 of 19

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- PUBLIC DEFENDER

***

     This act would establish a new division of civil representation, within the office of the

public defender that would provide legal representation to tenants in eviction proceedings. The act

would also provide that notice of an individual’s right to legal representation be included in all

residential landlord/tenant complaint forms and that any attempt to waive that right in a lease would

be void.

     This act would take effect upon passage.

========

LC002213

========

LC002213 - Page 19 of 19