2023 -- H 6323 AS AMENDED

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LC002848

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Representatives Tanzi, Ajello, Stewart, Morales, Cruz, Kislak, Diaz,

     Date Introduced: April 26, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

     (a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court

upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal

period following the conclusion of the underlying civil action.

     (b) In ruling on the motion to seal, the court shall grant the motion and seal the record of

the civil action upon a finding that the underlying civil action was dismissed as a result of a motion

to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied

by the parties, any monetary judgment against the moving party has been satisfied in full or the

action has been dismissed for lack of prosecution after a five (5) year period. The court shall also

make a finding that the moving party notified all parties to the underlying civil action of their

motion to seal the record and that motion is the only request made under this section by the moving

party within the previous five (5) years.

     (c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a

motion to seal the record of the action upon satisfaction of the requirements set forth in subsections

(a) and (b) of this section. Parties requesting seal of their record under this section are limited to

one request every five (5) years.

     SECTION 2. This act shall take effect on January 1, 2024.

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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 of court files in residential eviction proceedings

upon the filing of a motion.

     This act would take effect on January 1, 2024.

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LC002848

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