Rhode Island 2023 Regular Session

Rhode Island House Bill H6129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 6129
6	6	========
7	7	LC002213
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- PUBLIC DEFENDER
16	16	Introduced By: Representatives Cruz, Cotter, Boylan, Kazarian, Speakman, J. Lombardi,
17	17	Potter, Stewart, Baginski, and Casimiro
18	18	Date Introduced: March 06, 2023
19	19	Referred To: House Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Legislative findings. The general assembly hereby finds and declares that: 1
24	24	(1) Eviction proceedings have a profoundly disparate impact on low-income individua ls 2
25	25	and given this disparate impact, it is imperative that these individuals be provided legal 3
26	26	representation in legal proceedings that put their housing at risk. 4
27	27	(2) There is a fundamental human right to adequate housing accommodations. Safe, secure, 5
28	28	and accessible housing is essential to achieving equal access to all other fundamental needs. 6
29	29	Without housing, individuals and families too often cannot preserve family integrity, gain 7
30	30	employment or other income, or enjoy access to healthcare, proper nutrition, and education. 8
31	31	(3) Eviction proceedings and displacement as a result of evictions have a disparate impact 9
32	32	on low-income individuals and particularly on low-income people of color, who are 10
33	33	disproportionately the respondents in eviction proceedings. 11
34	34	(4) Representation of people who are at risk of losing their homes in legal proceedings 12
35	35	preserves access to housing and ensures compliance with laws protecting people's rights in such 13
36	36	proceedings. Abrupt, unwarranted, or unlawful evictions disrupt lives and livelihoods, force people 14
37	37	to find housing in a market with a severe shortage of affordable housing and often significantly 15
38	38	increases the risk of homelessness. The short- and long-term effects of housing instability are 16
39	39	devastating to individuals and families and can affect physical and mental health, employment and 17
40	40	education. 18
41	41	(5) Providing a right to legal representation to individuals who are most at risk of housing 19
42	42
43	43
44	44	LC002213 - Page 2 of 19
45	45	instability not only protects individuals and families from these devastating effects, it saves public 1
46	46	funds that would otherwise be spent on shelters and services to people experiencing homelessness 2
47	47	as well as the wide range of detrimental short- and long-term collateral consequences of housing 3
48	48	instability. 4
49	49	SECTION 2. Title 12 of the General Laws entitled "PUBLIC DEFENDER" is hereby 5
50	50	amended by adding thereto the following chapter: 6
51	51	CHAPTER 15.1 7
52	52	RESIDENTIAL TENANT'S RIGHT TO LEGAL REPRESENTATION ACT 8
53	53	12-15.1-1. Short title. 9
54	54	This chapter shall be known and may be cited as the “Residential Tenant’s Right to Legal 10
55	55	Representation Act”. 11
56	56	12-15.1-2. Definitions. 12
57	57	As used in this chapter, the following words and terms shall have the following meanings 13
58	58	unless the context shall clearly indicate another or different meaning or intent: 14
59	59	(1) "Designated community organization" means a not-for-profit organization or 15
60	60	association having nonprofit status under §501(C)(3) of the United States Internal Revenue Code 16
61	61	that has the capacity to provide education in a program established under § 12-15.1-6. To the extent 17
62	62	practicable, such designated community organization shall maintain a practice of furnishing free 18
63	63	services; possess expertise and experience in community education and organizing, and ties to the 19
64	64	communities they serve; demonstrate expertise in recognizing and responding to the housing issues 20
65	65	facing low-income residents of the state; possess adequate expertise to provide consistent, high 21
66	66	quality supervision, oversight, training, evaluation, and strategic response to emerging or changing 22
67	67	needs in the communities served; and maintain reasonable workloads and working conditions for 23
68	68	their staff. 24
69	69	(2) "Designated legal organization" means a not-for-profit (charitable) organization or 25
70	70	association having tax deductible for contributions status under §501(c)(3) of the United States 26
71	71	Internal Revenue Code that has the capacity to provide comprehensive and effective legal services 27
72	72	for the program established under this chapter. To the extent practicable, such designated legal 28
73	73	organizations shall be organizations that maintain a practice of furnishing free or reduced cost legal 29
74	74	services to individuals; possess expertise in the areas of law for covered actions; have a 30
75	75	demonstrated history or practice with regard to the legal issues facing low-income residents of the 31
76	76	state; provide consistent, high quality supervision, oversight, training, evaluation, and strategic 32
77	77	response to emerging or changing needs in the communities served; and maintain reasonable 33
78	78	workloads and working conditions for their staff. 34
79	79
80	80
81	81	LC002213 - Page 3 of 19
82	82	(3) "Director" means the director of the division of civil representation. 1
83	83	(4) "Division" means the division of civil representation. 2
84	84	(5) "Eligible individual" means an individual who is at risk of losing their housing 3
85	85	accommodation in an action for eviction. An individual becomes eligible when that individual: 4
86	86	(i) Becomes the subject of an eviction notice; or 5
87	87	(ii) Is a party, in an eviction action. 6
88	88	(6) "Eviction" means any action to evict an individual or otherwise terminate a tenancy, or 7
89	89	any other action that is likely to result in an individual losing their housing accommodation, 8
90	90	including any proceeding to terminate a housing subsidy, or an action brought by an eligible 9
91	91	individual based on the landlord's failure to maintain the premises in a fit and habitable condition, 10
92	92	or in response to an unlawful eviction, or in response to the unlawful actions of a landlord, as well 11
93	93	as any appeals from any such proceedings. 12
94	94	(7) "Housing accommodation" or "residence" means that part of any building or structure 13
95	95	or any part thereof, permanent or temporary, occupied or intended, arranged or designed to be used 14
96	96	or occupied, by one or more individuals as a home, dwelling unit or apartment, sleeping place, 15
97	97	boarding house, lodging house or hotel, and all essential services, privileges, furnishings, furniture 16
98	98	and facilities supplied in connection with its occupation. 17
99	99	(8) "Legal representation" means ongoing legal representation provided by a designated 18
100	100	legal organization to eligible individuals and the provision of legal advice, advocacy, and 19
101	101	assistance, including, but not be limited to: filing a notice of appearance, filing and preparation of 20
102	102	pleadings and motions on behalf of eligible individuals, court appearances on behalf of eligible 21
103	103	individuals, pre- and post-trial settlement conferences, and any other activities needed to provide 22
104	104	legal representation in a covered proceeding. 23
105	105	(9) "Office" means the office of the public defender. 24
106	106	12-15.1-3. Right to legal representation in eviction proceedings. 25
107	107	The civil right to full legal representation for eligible individuals in an eviction action is 26
108	108	hereby created. 27
109	109	12-15.1-4. Division of civil representation. 28
110	110	There is hereby established in the office of the public defender, the division of civil 29
111	111	representation to create and implement a program to provide legal representation pursuant to § 12-30
112	112	15.1-5. The division shall be headed by a director who shall be appointed by the governor, and shall 31
113	113	be subject to the advice and consent of the senate. 32
114	114	12-15.1-5. Powers and duties of the division of civil representation. 33
115	115	The director shall have the power and duty to: 34
116	116
117	117
118	118	LC002213 - Page 4 of 19
119	119	(1) Establish a program to provide legal representation including entering into contracts 1
120	120	and agreements as may be necessary, in accordance with § 12-15.1-6; 2
121	121	(2) Prepare and submit to the governor, the president of the senate, and the speaker of the 3
122	122	house an annual financial audit of the program's activities, prepared by a certified public accountant 4
123	123	licensed in the state and carried out in accordance with generally accepted auditing standards; and 5
124	124	an annual report regarding the program created under § 12-15.1-6. Such report shall include, but 6
125	125	not be limited to, the following information regarding all individuals requesting services and all 7
126	126	individuals provided services, disaggregated by municipality; provided, however, that the 8
127	127	information shall not be required for every case where the individual refuses to provide the 9
128	128	information or the information is not reasonably ascertainable: 10
129	129	(i) The total number of people provided legal representation and the total number of people 11
130	130	requesting but not provided legal representation and the reasons why representation was not 12
131	131	provided; 13
132	132	(ii) The outcomes of the cases where legal representation was provided; 14
133	133	(iii) Gender, race, ethnicity, and age; 15
134	134	(iv) Postal code of residence; 16
135	135	(v) Household size; 17
136	136	(vi) Estimated length of tenancy; 18
137	137	(vii) Approximate household income; 19
138	138	(viii) Receipt of ongoing public assistance at the time such legal services were initiated; 20
139	139	(ix) Tenancy in housing operated by or subsidized through a federal, state or local rental 21
140	140	subsidy program; 22
141	141	(x) Legal services provided by type of legal issue; 23
142	142	(xi) Outcomes immediately following the provision of full legal representation, as 24
143	143	applicable and available, including, but not limited to, the number of: 25
144	144	(A) Judgments and stipulated agreements allowing individuals to remain in their residence; 26
145	145	(B) Judgments and stipulated agreements requiring individuals to be displaced from their 27
146	146	residence; and 28
147	147	(C) Instances where an attorney representing an income-eligible individual was discharged 29
148	148	or withdrew; 30
149	149	(xii) A list of landlords involved in eviction proceedings; 31
150	150	(xiii) Residential evictions conducted by sheriffs, disaggregated by municipality; 32
151	151	(xiv) A list of designated community organizations, the community in which such 33
152	152	organizations provide services, and the amount of funding provided to each; 34
153	153
154	154
155	155	LC002213 - Page 5 of 19
156	156	(xv) The number of buildings in which outreach was conducted, the number of workshops 1
157	157	offered, the number of attendees at such workshops, the number of people referred to nonprofits 2
158	158	having status under § 501(c)(3) of the United States Internal Revenue Code, and the number of 3
159	159	trainings offered; and 4
160	160	(xvi) An evaluation of implementation challenges and recommendations for any future 5
161	161	programmatic improvements. 6
162	162	(3) Provide an annual estimate for the funding necessary for the operation of the program 7
163	163	created under § 12-15.1-6; 8
164	164	(4) Coordinate with other programs providing legal representation to ensure efficiency of 9
165	165	functions and to prevent duplication of work; 10
166	166	(5) Create a program providing outreach and education through designated community 11
167	167	organizations to spread awareness of the availability of legal representation. With the support of 12
168	168	the director and adequate funding, designated community organizations shall be responsible for 13
169	169	engaging and educating tenants of their rights in eviction proceedings, including, but not limited 14
170	170	to: 15
171	171	(i) Hosting trainings and other workshops for tenants; 16
172	172	(ii) Distributing written information to tenants; 17
173	173	(iii) Assisting tenants in forming and maintaining tenant associations; and 18
174	174	(iv) Referring tenants to designated legal organization and other activities to engage, 19
175	175	educate, or inform tenants of their rights in eviction proceedings. Engagement and education shall 20
176	176	be provided in diverse languages; 21
177	177	(6) Create and make available resources for individuals with regard to their rights in civil 22
178	178	legal matters regarding housing accommodations in the languages required by law and such 23
179	179	additional languages as may be necessary; and 24
180	180	(7) Promulgate any rules, regulations, and guidance necessary for the implementation of 25
181	181	the provisions of this chapter. 26
182	182	12-15.1-6. Provision of legal representation and community education. 27
183	183	(a) In accordance with this chapter, the division shall develop programs to guarantee and 28
184	184	deliver: 29
185	185	(1) Legal representation to eligible individuals in covered proceedings throughout the state; 30
186	186	and 31
187	187	(2) Community outreach and education through one or more designated community 32
188	188	organizations regarding the programs created by this chapter. 33
189	189	(b) In creating the programs under subsection (a) of this section, the director shall consult 34
190	190
191	191
192	192	LC002213 - Page 6 of 19
193	193	with the following: 1
194	194	(1) Tenants or representatives of tenants, and community groups representing low-income 2
195	195	or other at-risk members of the community; 3
196	196	(2) Legal and community-based organizations; 4
197	197	(3) Representatives of the judiciary; 5
198	198	(4) Representatives of a municipality operating or funding a program providing legal 6
199	199	representation, legal consultation, or community education and outreach or representatives of the 7
200	200	organizations involved in such programs; and 8
201	201	(5) Any other organizations or individuals as may be necessary as determined by the 9
202	202	director. 10
203	203	(c) The division shall post on its website information regarding the programs created under 11
204	204	this section including how individuals may find services available in their community. 12
205	205	(d) The division shall hold one or more hearings or listening sessions in each municipality 13
206	206	of the state on an annual basis to evaluate the programs created pursuant to this section and to 14
207	207	incorporate any necessary changes to such programs. 15
208	208	12-15.1-7. Lease provisions. 16
209	209	Any lease or contract for rental of residential property shall provide notice of the tenant's 17
210	210	right to legal representation pursuant to § 12-15.1-3. Lease provisions waiving right to legal 18
211	211	representation or otherwise limiting the tenant's right to obtain legal representation shall be void 19
212	212	and unenforceable. 20
213	213	12-15.1-8. Severability. 21
214	214	If any clause, sentence, paragraph, section, or part of this chapter or its application to any 22
215	215	individual or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be 23
216	216	invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its 24
217	217	application to other individuals or circumstances; provided, however that judgment shall be 25
218	218	confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the 26
219	219	controversy in which that judgment shall have been rendered. 27
220	220	SECTION 3. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential 28
221	221	Landlord and Tenant Act" is hereby amended to read as follows: 29
222	222	34-18-56. Notices and complaint forms. 30
223	223	(a) A notice in substantially the following language shall suffice for the purpose of giving 31
224	224	a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant 32
225	225	to § 34-18-35: 33
226	226	FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT 34
227	227
228	228
229	229	LC002213 - Page 7 of 19
230	230	R.I.G.L. 34-18-35 1
231	231	Date of Mailing: _____________________ 2
232	232	TO: __________________________ 3
233	233	(tenant) 4
234	234	_____________________________ 5
235	235	_____________________________ 6
236	236	You are now more than fifteen days in arrears for some or all of the rent owed under your 7
237	237	rental agreement. State law requires that you be sent this Notice of arrearage. 8
238	238	Unless you make payment of all rent in arrears within five days of the date this notice was 9
239	239	mailed to you, an eviction action may be instituted in court against you. You can prevent the 10
240	240	eviction by paying all rent owing within five days of the mailing of this notice. 11
241	241	If you believe you have a legal reason for not paying this rent, you will be able to present 12
242	242	that defense at the eviction hearing. You may be entitled to legal representation through a 13
243	243	designated legal organization. Contact the Division of Civil Representation at the Office of the 14
244	244	Public Defender. The rent in arrears as of the above date is $_____________. 15
245	245	__________________________ 16
246	246	(signature) 17
247	247	_________________________ 18
248	248	_________________________ 19
249	249	(name and address of land-lord/owner) 20
250	250	I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 21
251	251	addressed to the tenant, on the ________ day of ________________________, 20______. 22
252	252	__________________________ 23
253	253	(landlord or owner signature) 24
254	254	(b) A notice in substantially the following language shall suffice for the purpose of giving 25
255	255	a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36: 26
256	256	NOTICE OF NONCOMPLIANCE 27
257	257	R.I.G.L. 34-18-36 28
258	258	Date of Mailing: ____________________ 29
259	259	TO: __________________________ 30
260	260	(tenant) 31
261	261	_____________________________ 32
262	262	_____________________________ 33
263	263	(address) 34
264	264
265	265
266	266	LC002213 - Page 8 of 19
267	267	You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-1
268	268	24, because you: 2
269	269	__________________________________________________________________ 3
270	270	__________________________________________________________________ 4
271	271	__________________________________________________________________ 5
272	272	(provide details) 6
273	273	To remedy this situation you must do the following within twenty days of the date of 7
274	274	mailing of this Notice: 8
275	275	__________________________________________________________________ 9
276	276	__________________________________________________________________ 10
277	277	__________________________________________________________________ 11
278	278	If you do not remedy this situation within twenty days, your rental agreement will terminate 12
279	279	without further notice on __________ (date, which must be not less than twenty-one days from the 13
280	280	date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your 14
281	281	noncompliance if this is the second notice on the same subject within the past six months.) After 15
282	282	that date an eviction case may begin in court, and you may be served with a complaint. You will 16
283	283	have the right to a hearing and to present any defenses you believe you have. You may be entitled 17
284	284	to legal representation through a designated legal organization. Contact the Division of Civil 18
285	285	Representation at the Office of the Public Defender. 19
286	286	__________________________ 20
287	287	(signature) 21
288	288	__________________________ 22
289	289	__________________________ 23
290	290	(name and address of land-lord/owner) 24
291	291	I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 25
292	292	addressed to the tenant, on the ________ day of ________________________, 20______. 26
293	293	__________________________ 27
294	294	(landlord or owner signature) 28
295	295	(c) A notice in substantially the following language shall suffice for the purpose of giving 29
296	296	a tenant notice of termination of tenancy pursuant to § 34-18-37: 30
297	297	NOTICE OF TERMINATION OF TENANCY 31
298	298	R.I.G.L. 34-18-37 32
299	299	Date of Mailing: _______________________ 33
300	300	TO: _________________________ 34
301	301
302	302
303	303	LC002213 - Page 9 of 19
304	304	(tenant) 1
305	305	_____________________________ 2
306	306	_____________________________ 3
307	307	(address) 4
308	308	You are hereby directed to vacate and remove your property and personal possessions from 5
309	309	the premises located at ____________________________________________________________ 6
310	310	(address of premises) 7
311	311	and deliver control of the premises to the landlord/owner on the first day after the end of your 8
312	312	current rental period, namely ____________________. 9
313	313	(insert date) 10
314	314	This notice is given for the purpose of terminating your tenancy. You must continue to pay 11
315	315	rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment 12
316	316	eviction action may be instituted against you. 13
317	317	If you fail to vacate the premises by the date specified, an eviction may be instituted against 14
318	318	you without further notice. If you believe you have a defense to this termination, you will be able 15
319	319	to raise that defense at the court hearing. You may be entitled to legal representation through a 16
320	320	designated legal organization. Contact the Division of Civil Representation at the Office of the 17
321	321	Public Defender. 18
322	322	__________________________ 19
323	323	(signature) 20
324	324	__________________________ 21
325	325	__________________________ 22
326	326	(name and address of land-lord/owner) 23
327	327	I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 24
328	328	addressed to the tenant, on the ________ day of ________________________, 20______. 25
329	329	__________________________ 26
330	330	(landlord or owner signature) 27
331	331	(d) A complaint in substantially the following language shall suffice for the purpose of 28
332	332	commencing an eviction action for nonpayment of rent pursuant to § 34-18-35: 29
333	333	State of Rhode Island 30
334	334	_______________________, Sc. DISTRICT COURT 31
335	335	____________________________ _____________ DIVISION 32
336	336	PLAINTIFF DEFENDANT 33
337	337	____________________________ ___________ _________________________ 34
338	338
339	339
340	340	LC002213 - Page 10 of 19
341	341	(Landlord's Name) (Tenant's Name) 1
342	342	V 2
343	343	__________________________________ _____________________________________ 3
344	344	__________________________________ _____________________________________ 4
345	345	________________________________ _______________________________________ 5
346	346	(address) (address of rental premises) 6
347	347	COMPLAINT FOR EVICTION 7
348	348	FOR NONPAYMENT OF RENT 8
349	349	R.I.G.L. 34-18-35 9
350	350	1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant 10
351	351	Tenant currently resides. 11
352	352	2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from 12
353	353	the defendant. The rent is $__________ per __________, and the amount in arrears is $________ 13
354	354	as of the __________ day of __________, 20____. 14
355	355	(month) 15
356	356	3. Plaintiff has served the five-day demand notice as required by law, and a copy of that 16
357	357	notice is attached to this complaint. The notice was mailed to the defendant on the __________ day 17
358	358	of ________, 20____. 18
359	359	4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either 19
360	360	before or after the demand notice. Defendant remains in possession of the rental premises. 20
361	361	WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the 21
362	362	premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs. 22
363	363	__________________________ 23
364	364	(Name & address of landlord/owner 24
365	365	or attorney for landlord) 25
366	366	_________________________ 26
367	367	Date complaint filed with clerk __________________ 27
368	368	(e) A complaint in substantially the following language shall suffice for the purpose of 28
369	369	commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18-29
370	370	36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy 30
371	371	pursuant to § 34-18-38: 31
372	372	STATE OF RHODE ISLAND 32
373	373	_______________________, Sc. DISTRICT COURT 33
374	374	____________________________ _____________ DIVISION 34
375	375
376	376
377	377	LC002213 - Page 11 of 19
378	378	PLAINTIFF DEFENDANT 1
379	379	____________________________ _________________________ 2
380	380	(Landlord's Name) (Tenant's Name) 3
381	381	V 4
382	382	_____________________________ _________________________ 5
383	383	_____________________________ _________________________ 6
384	384	(address) (address of rental premises) 7
385	385	COMPLAINT FOR EVICTION 8
386	386	FOR REASON OTHER THAN 9
387	387	NONPAYMENT OF RENT 10
388	388	R.I.G.L. 34-18-36 11
389	389	R.I.G.L. 34-18-38 12
390	390	1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant 13
391	391	Tenant(s) resides. 14
392	392	2. CHECK ONE: 15
393	393	____ Defendant breached the tenant's obligations under the rental agreement or § 34-18-16
394	394	24 as set forth in the attached copy of the notice of noncompliance which was mailed to the 17
395	395	defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required 18
396	396	notice of noncompliance.) 19
397	397	____ Defendant has remained in possession of the rented premises following the period set 20
398	398	forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff 21
399	399	must attach copy of required termination notice.) 22
400	400	____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10). 23
401	401	3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of 24
402	402	__________________________________________________________________ 25
403	403	for _______________________________________________________________ 26
404	404	__________________________________________________________________ 27
405	405	__________________________________________________________________ 28
406	406	__________________________________________________________________ 29
407	407	(explain basis for money claim) 30
408	408	Plaintiff seeks costs and fees (if applicable). 31
409	409	__________________________ 32
410	410	(Signature of Landlord/Owner or 33
411	411	Attorney) 34
412	412
413	413
414	414	LC002213 - Page 12 of 19
415	415	_________________________ 1
416	416	Date complaint filed with clerk __________ 2
417	417	(f) A complaint in substantially the following language, or in similar language, shall be 3
418	418	sufficient for use by landlords or by tenants to bring any claims or causes of action other than 4
419	419	eviction actions: 5
420	420	NOT FOR EVICTION 6
421	421	State of Rhode Island 7
422	422	_______________________, Sc. DISTRICT COURT 8
423	423	____________________________ _____________ DIVISION 9
424	424	PLAINTIFF DEFENDANT 10
425	425	_________________________ _________________________ 11
426	426	(Name) (Name) 12
427	427	V 13
428	428	_______________________________ _________________________ 14
429	429	_______________________________ _________________________ 15
430	430	_______________________________ _________________________ 16
431	431	(address) (address of rental premises) 17
432	432	LANDLORD-TENANT COMPLAINT 18
433	433	(NOT FOR USE IN EVICTIONS) 19
434	434	1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises 20
435	435	at. ________________________________________________________________ 21
436	436	(address of rental premises) 22
437	437	2. Defendant is the ____ Tenant ____ Landlord/Owner. 23
438	438	3. Plaintiff claims that defendant has breached the obligations of the rental agreement or 24
439	439	law in relation to this landlord-tenant relationship, as follows: 25
440	440	__________________________________________________________________ 26
441	441	__________________________________________________________________ 27
442	442	__________________________________________________________________ 28
443	443	(brief description of claim, attach extra sheet, if necessary) 29
444	444	4. Plaintiff seeks the following judgment or relief from the Court: 30
445	445	__________________________________________________________________ 31
446	446	__________________________________________________________________ 32
447	447	__________________________________________________________________ 33
448	448	Date Complaint Filed __________________________ 34
449	449
450	450
451	451	LC002213 - Page 13 of 19
452	452	With Clerk: __________ (Signature of plaintiff or plaintiff's attorney) 1
453	453	_________________________ 2
454	454	(address) 3
455	455	(g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35 4
456	456	shall be in substantially the following form: 5
457	457	STATE OF RHODE ISLAND 6
458	458	DISTRICT COURT SUMMONS 7
459	459	EVICTION-NONPAYMENT OF RENT 8
460	460	DIVISION COUNTY CIVIL ACTION-FILE NO. 9
461	461	Address of Court: 10
462	462	__________________________________ _________________________ 11
463	463	__________________________________ _________________________ 12
464	464	__________________________________ __________________________ 13
465	465	(name & address of plaintiff landlord) (name & address of defendant-tenant) 14
466	466	TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If 15
467	467	you do nothing, you will lose by default and be evicted. If you claim any defense, you must 16
468	468	complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You 17
469	469	should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M. 18
470	470	on the hearing date, at the court address listed above. You should go to the hearing or you may lose 19
471	471	by default. If you think the case is "settled," you should still go to the hearing to make sure the 20
472	472	settlement is in the court record. You may be entitled to legal representation through a designated 21
473	473	legal organization. Contact the Division of Civil Representation at the Office of the Public 22
474	474	Defender. 23
475	475	YOUR HEARING DATE IS: ________________________________. 24
476	476	(Proof of Service on next page) 25
477	477	________________________________________ 26
478	478	PROOF OF SERVICE 27
479	479	I hereby certify that I served a copy of the Complaint and Summons & Answer upon the 28
480	480	defendant(s) by delivering or leaving said papers in the following manner: 29
481	481	______ to the defendant personally; or 30
482	482	______ at his or her dwelling unit or usual place of abode 31
483	483	at the address listed below with a person of suitable age then residing therein; or 32
484	484	______ if none be found, by posting conspicuously on the 33
485	485	door to the defendant's dwelling unit. 34
486	486
487	487
488	488	LC002213 - Page 14 of 19
489	489	ADDRESS OF DWELLING OR USUAL PLACE OF ABODE: 1
490	490	__________________________________________________________________ 2
491	491	NAME OF PERSON OF SUITABLE AGE: 3
492	492	________________________________________________________________________ 4
493	493	SERVICE DATE: 5
494	494	__________________________________________________________________ 6
495	495	DEPUTY SHERIFF/CONSTABLE: 7
496	496	__________________________________________________________________ 8
497	497	__________________________________________________________________ 9
498	498	CERTIFICATE OF SERVICE 10
499	499	I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. 11
500	500	Mail, postage prepaid, on the __________________ day of ________________, 20____, addressed 12
501	501	to defendant at the following address: 13
502	502	________________________________________________. 14
503	503	__________________________ 15
504	504	(Signature of ___________ Clerk) 16
505	505	(h) The summons in an action for eviction for noncompliance with the rental agreement 17
506	506	pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy 18
507	507	pursuant to § 34-18-38, shall be in substantially the following form: 19
508	508	State of Rhode Island 20
509	509	District Court Summons 21
510	510	EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT 22
511	511	DIVISION COUNTY CIVIL ACTION-FILE NO. 23
512	512	Address of Court: 24
513	513	______________________________ __________________________ 25
514	514	V 26
515	515	____________________________ __________________________ 27
516	516	______________________________________ __________________________ 28
517	517	(name & address of plaintiff landlord) (name & address of defendant- tenant) 29
518	518	TO THE TENANT: You are served with an eviction complaint for noncompliance with 30
519	519	rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration 31
520	520	of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you 32
521	521	claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk 33
522	522	within TWENTY (20) days after you are served with this summons and complaint. You should also 34
523	523
524	524
525	525	LC002213 - Page 15 of 19
526	526	mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed 1
527	527	ANSWER, then you will receive another written notice telling you when the hearing will be. If you 2
528	528	have any questions, you may consult a lawyer. If you think the case is "settled" you should still file 3
529	529	the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office. You 4
530	530	may be entitled to legal representation through a designated legal organization. Contact the Division 5
531	531	of Civil Representation at the Office of the Public Defender. 6
532	532	(Proof of Service on next page) 7
533	533	________________________________________ 8
534	534	PROOF OF SERVICE 9
535	535	I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon 10
536	536	the defendant(s) by delivering or leaving said papers in the following manner: 11
537	537	____ to the defendant personally 12
538	538	____ at his/her dwelling unit or usual place of abode at the address listed below, with a 13
539	539	person of suitable age then residing therein 14
540	540	____ to an agent named below authorized by appointment or by law to receive service of 15
541	541	process 16
542	542	____ further notice as required by law was given as noted below 17
543	543	Address of dwelling or usual place of abode: 18
544	544	__________________________________________________________________ 19
545	545	Name of person of suitable age or of agent: 20
546	546	__________________________________________________________________ 21
547	547	Service Date: ____________________ 22
548	548	Deputy Sheriff/Constable (circle one): 23
549	549	__________________________ 24
550	550	(signature) 25
551	551	(i) The summons in an action relating to any claims by tenants, or by landlords other than 26
552	552	for eviction, shall be in substantially the following form: 27
553	553	State of Rhode Island 28
554	554	District Court Summons 29
555	555	________________________ ________________________ 30
556	556	DIVISION COUNTY CIVIL ACTION-FILE NO. 31
557	557	___________________ _____________________ 32
558	558	PLAINTIFF PLAINTIFF'S ATTORNEY 33
559	559	__________________________ 34
560	560
561	561
562	562	LC002213 - Page 16 of 19
563	563	ADDRESS 1
564	564	_________________ vs 2
565	565	DEFENDANT 3
566	566	__________________________ 4
567	567	DEFENDANT'S ADDRESS 5
568	568	______________________________ _________________________ 6
569	569	TO THE ABOVE-NAMED DEFENDANT: 7
570	570	You are hereby summoned and required to serve upon the plaintiff's attorney, whose name 8
571	571	and address appears above, an answer to the complaint which is herewith served upon you. Your 9
572	572	answer must be made within 20 days after service of this summons, excluding the date of service. 10
573	573	The original must be filed in writing with this court. If you fail to do so, judgment by default will 11
574	574	be taken against you for the relief demanded in the complaint. You may be entitled to legal 12
575	575	representation through a designated legal organization. Contact the Division of Civil 13
576	576	Representation at the Office of the Public Defender. 14
577	577	______________________________ __________________________ 15
578	578	DATE CLERK 16
579	579	______________________________ __________________________ 17
580	580	SEAL OF THE DISTRICT COURT DATE RECEIVED 18
581	581	__________________________________________________________________ 19
582	582	PROOF OF SERVICE 20
583	583	I hereby certify that on the date below I served a copy of this summons and a copy of the 21
584	584	complaint received herewith upon the above-named defendant by delivering or leaving said papers 22
585	585	in the following manner: 23
586	586	□ to the defendant personally. 24
587	587	□ at his dwelling house or usual place of abode at the address entered 25
588	588	below, with a person of suitable age and discretion then residing therewith. 26
589	589	□ to an agent named below authorized by appointment or by law to receive 27
590	590	service of process. 28
591	591	□ Further notice as required by statute was given as noted on the reverse 29
592	592	side. 30
593	593	__________________________________________________________________ 31
594	594	Address of Dwelling or Usual Place of Abode 32
595	595	__________________________________________________________________ 33
596	596	Name of Authorized Agent or Person of Suitable Age 34
597	597
598	598
599	599	LC002213 - Page 17 of 19
600	600	______________________________ __________________________ 1
601	601	Date Deputy Sheriff/Constable 2
602	602	______________________________ __________________________ 3
603	603	SERVICE FEE $________ 4
604	604	(j) The blank answer served in eviction actions shall be in substantially the following form: 5
605	605	State of Rhode Island 6
606	606	_______________________, Sc. DISTRICT COURT 7
607	607	____________________________ _____________ DIVISION 8
608	608	PLAINTIFF DEFENDANT 9
609	609	____________________________ __________________________ 10
610	610	(Landlord's Name) (Tenant's Name) 11
611	611	V 12
612	612	__________________________________ __________________________ 13
613	613	__________________________________ _________________________ 14
614	614	(address) (address of rental premises) 15
615	615	INSTRUCTIONS TO THE DEFENDANT 16
616	616	Listed below are several possible defenses to the eviction action your landlord has filed 17
617	617	against you. If one or more of these defenses apply to your case, check the appropriate box(es). If 18
618	618	space is provided, write in facts in support of that defense. Use additional paper if necessary. Some 19
619	619	of these defenses are technical, and there may be others not listed here. You may consult a lawyer 20
620	620	and seek representation before filling out this Answer. You may be entitled to legal representation 21
621	621	through a designated legal organization. Contact the Division of Civil Representation at the Office 22
622	622	of the Public Defender. 23
623	623	TENANT'S ANSWER 24
624	624	The complaint against me is untrue or fails to state the following facts: 25
625	625	I offered rent, but my landlord refused it. I am still able and willing to pay the rent. 26
626	626	I have a defense for nonpayment because the landlord has failed to maintain the premises 27
627	627	in a fit and habitable condition. 28
628	628	My rent has not been paid, but I have a legally justifiable defense for not paying: 29
629	629	I have a written lease which does not expire until: 30
630	630	I have not received the required notice from the landlord before this complaint was served 31
631	631	on me. 32
632	632	The landlord is trying to evict me because I have exercised my legal rights by calling code 33
633	633	enforcement officials, or by taking the following protected action: 34
634	634
635	635
636	636	LC002213 - Page 18 of 19
637	637	I have other defenses as follow: 1
638	638	WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a 2
639	639	judgment in my favor and not order me to be evicted. 3
640	640	COUNTERCLAIM 4
641	641	Instructions: If you believe you are entitled to be awarded damages or money for any reason 5
642	642	from your landlord, you may fill out the statement below: 6
643	643	I hereby sue my landlord for the amount of $_____________. 7
644	644	I believe I am entitled to receive an award of this amount because 8
645	645	__________________________________________________________________ 9
646	646	__________________________________ __________________________ 10
647	647	Name of Defendant (or attorney) Signature of Defendant 11
648	648	___________________________________ 12
649	649	Address 13
650	650	___________________________________ 14
651	651	Telephone number 15
652	652	___________________________________ 16
653	653	SECTION 4. Section 12-15-3 of the General Laws in Chapter 12-15 entitled "Public 17
654	654	Defender" is hereby amended to read as follows: 18
655	655	12-15-3. Duty to represent indigent defendants. 19
656	656	It shall be the duty of the public defender to represent and act as attorney for indigent 20
657	657	defendants in those criminal cases referred to him or her by the supreme court, by the superior 21
658	658	courts, by the district courts, and as are set forth in § 14-1-31, as well as all civil evictions pursuant 22
659	659	to chapter 15.1 of this title, and he or she shall be engaged full time in that capacity. 23
660	660	SECTION 5. This act shall take effect upon passage. 24
661	661	========
662	662	LC002213
663	663	========
664	664
665	665
666	666	LC002213 - Page 19 of 19
667	667	EXPLANATION
668	668	BY THE LEGISLATIVE COUNCIL
669	669	OF
670	670	A N A C T
671	671	RELATING TO CRIMINAL PROCEDURE -- PUBLIC DEFENDER
672	672	***
673	673	This act would establish a new division of civil representation, within the office of the 1
674	674	public defender that would provide legal representation to tenants in eviction proceedings. The act 2
675	675	would also provide that notice of an individual’s right to legal representation be included in all 3
676	676	residential landlord/tenant complaint forms and that any attempt to waive that right in a lease would 4
677	677	be void. 5
678	678	This act would take effect upon passage. 6
679	679	========
680	680	LC002213
681	681	========