2023 -- H 6129
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LC002213
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S TATE OF RHODE IS LAND
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
(1) Eviction proceedings have a profoundly disparate impact on low-income individua ls 2
and given this disparate impact, it is imperative that these individuals be provided legal 3
representation in legal proceedings that put their housing at risk. 4
(2) There is a fundamental human right to adequate housing accommodations. Safe, secure, 5
and accessible housing is essential to achieving equal access to all other fundamental needs. 6
Without housing, individuals and families too often cannot preserve family integrity, gain 7
employment or other income, or enjoy access to healthcare, proper nutrition, and education. 8
(3) Eviction proceedings and displacement as a result of evictions have a disparate impact 9
on low-income individuals and particularly on low-income people of color, who are 10
disproportionately the respondents in eviction proceedings. 11
(4) Representation of people who are at risk of losing their homes in legal proceedings 12
preserves access to housing and ensures compliance with laws protecting people's rights in such 13
proceedings. Abrupt, unwarranted, or unlawful evictions disrupt lives and livelihoods, force people 14
to find housing in a market with a severe shortage of affordable housing and often significantly 15
increases the risk of homelessness. The short- and long-term effects of housing instability are 16
devastating to individuals and families and can affect physical and mental health, employment and 17
education. 18
(5) Providing a right to legal representation to individuals who are most at risk of housing 19
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instability not only protects individuals and families from these devastating effects, it saves public 1
funds that would otherwise be spent on shelters and services to people experiencing homelessness 2
as well as the wide range of detrimental short- and long-term collateral consequences of housing 3
instability. 4
SECTION 2. Title 12 of the General Laws entitled "PUBLIC DEFENDER" is hereby 5
amended by adding thereto the following chapter: 6
CHAPTER 15.1 7
RESIDENTIAL TENANT'S RIGHT TO LEGAL REPRESENTATION ACT 8
12-15.1-1. Short title. 9
This chapter shall be known and may be cited as the “Residential Tenant’s Right to Legal 10
Representation Act”. 11
12-15.1-2. Definitions. 12
As used in this chapter, the following words and terms shall have the following meanings 13
unless the context shall clearly indicate another or different meaning or intent: 14
(1) "Designated community organization" means a not-for-profit organization or 15
association having nonprofit status under §501(C)(3) of the United States Internal Revenue Code 16
that has the capacity to provide education in a program established under § 12-15.1-6. To the extent 17
practicable, such designated community organization shall maintain a practice of furnishing free 18
services; possess expertise and experience in community education and organizing, and ties to the 19
communities they serve; demonstrate expertise in recognizing and responding to the housing issues 20
facing low-income residents of the state; possess adequate expertise to provide consistent, high 21
quality supervision, oversight, training, evaluation, and strategic response to emerging or changing 22
needs in the communities served; and maintain reasonable workloads and working conditions for 23
their staff. 24
(2) "Designated legal organization" means a not-for-profit (charitable) organization or 25
association having tax deductible for contributions status under §501(c)(3) of the United States 26
Internal Revenue Code that has the capacity to provide comprehensive and effective legal services 27
for the program established under this chapter. To the extent practicable, such designated legal 28
organizations shall be organizations that maintain a practice of furnishing free or reduced cost legal 29
services to individuals; possess expertise in the areas of law for covered actions; have a 30
demonstrated history or practice with regard to the legal issues facing low-income residents of the 31
state; provide consistent, high quality supervision, oversight, training, evaluation, and strategic 32
response to emerging or changing needs in the communities served; and maintain reasonable 33
workloads and working conditions for their staff. 34
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(3) "Director" means the director of the division of civil representation. 1
(4) "Division" means the division of civil representation. 2
(5) "Eligible individual" means an individual who is at risk of losing their housing 3
accommodation in an action for eviction. An individual becomes eligible when that individual: 4
(i) Becomes the subject of an eviction notice; or 5
(ii) Is a party, in an eviction action. 6
(6) "Eviction" means any action to evict an individual or otherwise terminate a tenancy, or 7
any other action that is likely to result in an individual losing their housing accommodation, 8
including any proceeding to terminate a housing subsidy, or an action brought by an eligible 9
individual based on the landlord's failure to maintain the premises in a fit and habitable condition, 10
or in response to an unlawful eviction, or in response to the unlawful actions of a landlord, as well 11
as any appeals from any such proceedings. 12
(7) "Housing accommodation" or "residence" means that part of any building or structure 13
or any part thereof, permanent or temporary, occupied or intended, arranged or designed to be used 14
or occupied, by one or more individuals as a home, dwelling unit or apartment, sleeping place, 15
boarding house, lodging house or hotel, and all essential services, privileges, furnishings, furniture 16
and facilities supplied in connection with its occupation. 17
(8) "Legal representation" means ongoing legal representation provided by a designated 18
legal organization to eligible individuals and the provision of legal advice, advocacy, and 19
assistance, including, but not be limited to: filing a notice of appearance, filing and preparation of 20
pleadings and motions on behalf of eligible individuals, court appearances on behalf of eligible 21
individuals, pre- and post-trial settlement conferences, and any other activities needed to provide 22
legal representation in a covered proceeding. 23
(9) "Office" means the office of the public defender. 24
12-15.1-3. Right to legal representation in eviction proceedings. 25
The civil right to full legal representation for eligible individuals in an eviction action is 26
hereby created. 27
12-15.1-4. Division of civil representation. 28
There is hereby established in the office of the public defender, the division of civil 29
representation to create and implement a program to provide legal representation pursuant to § 12-30
15.1-5. The division shall be headed by a director who shall be appointed by the governor, and shall 31
be subject to the advice and consent of the senate. 32
12-15.1-5. Powers and duties of the division of civil representation. 33
The director shall have the power and duty to: 34
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(1) Establish a program to provide legal representation including entering into contracts 1
and agreements as may be necessary, in accordance with § 12-15.1-6; 2
(2) Prepare and submit to the governor, the president of the senate, and the speaker of the 3
house an annual financial audit of the program's activities, prepared by a certified public accountant 4
licensed in the state and carried out in accordance with generally accepted auditing standards; and 5
an annual report regarding the program created under § 12-15.1-6. Such report shall include, but 6
not be limited to, the following information regarding all individuals requesting services and all 7
individuals provided services, disaggregated by municipality; provided, however, that the 8
information shall not be required for every case where the individual refuses to provide the 9
information or the information is not reasonably ascertainable: 10
(i) The total number of people provided legal representation and the total number of people 11
requesting but not provided legal representation and the reasons why representation was not 12
provided; 13
(ii) The outcomes of the cases where legal representation was provided; 14
(iii) Gender, race, ethnicity, and age; 15
(iv) Postal code of residence; 16
(v) Household size; 17
(vi) Estimated length of tenancy; 18
(vii) Approximate household income; 19
(viii) Receipt of ongoing public assistance at the time such legal services were initiated; 20
(ix) Tenancy in housing operated by or subsidized through a federal, state or local rental 21
subsidy program; 22
(x) Legal services provided by type of legal issue; 23
(xi) Outcomes immediately following the provision of full legal representation, as 24
applicable and available, including, but not limited to, the number of: 25
(A) Judgments and stipulated agreements allowing individuals to remain in their residence; 26
(B) Judgments and stipulated agreements requiring individuals to be displaced from their 27
residence; and 28
(C) Instances where an attorney representing an income-eligible individual was discharged 29
or withdrew; 30
(xii) A list of landlords involved in eviction proceedings; 31
(xiii) Residential evictions conducted by sheriffs, disaggregated by municipality; 32
(xiv) A list of designated community organizations, the community in which such 33
organizations provide services, and the amount of funding provided to each; 34
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(xv) The number of buildings in which outreach was conducted, the number of workshops 1
offered, the number of attendees at such workshops, the number of people referred to nonprofits 2
having status under § 501(c)(3) of the United States Internal Revenue Code, and the number of 3
trainings offered; and 4
(xvi) An evaluation of implementation challenges and recommendations for any future 5
programmatic improvements. 6
(3) Provide an annual estimate for the funding necessary for the operation of the program 7
created under § 12-15.1-6; 8
(4) Coordinate with other programs providing legal representation to ensure efficiency of 9
functions and to prevent duplication of work; 10
(5) Create a program providing outreach and education through designated community 11
organizations to spread awareness of the availability of legal representation. With the support of 12
the director and adequate funding, designated community organizations shall be responsible for 13
engaging and educating tenants of their rights in eviction proceedings, including, but not limited 14
to: 15
(i) Hosting trainings and other workshops for tenants; 16
(ii) Distributing written information to tenants; 17
(iii) Assisting tenants in forming and maintaining tenant associations; and 18
(iv) Referring tenants to designated legal organization and other activities to engage, 19
educate, or inform tenants of their rights in eviction proceedings. Engagement and education shall 20
be provided in diverse languages; 21
(6) Create and make available resources for individuals with regard to their rights in civil 22
legal matters regarding housing accommodations in the languages required by law and such 23
additional languages as may be necessary; and 24
(7) Promulgate any rules, regulations, and guidance necessary for the implementation of 25
the provisions of this chapter. 26
12-15.1-6. Provision of legal representation and community education. 27
(a) In accordance with this chapter, the division shall develop programs to guarantee and 28
deliver: 29
(1) Legal representation to eligible individuals in covered proceedings throughout the state; 30
and 31
(2) Community outreach and education through one or more designated community 32
organizations regarding the programs created by this chapter. 33
(b) In creating the programs under subsection (a) of this section, the director shall consult 34
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with the following: 1
(1) Tenants or representatives of tenants, and community groups representing low-income 2
or other at-risk members of the community; 3
(2) Legal and community-based organizations; 4
(3) Representatives of the judiciary; 5
(4) Representatives of a municipality operating or funding a program providing legal 6
representation, legal consultation, or community education and outreach or representatives of the 7
organizations involved in such programs; and 8
(5) Any other organizations or individuals as may be necessary as determined by the 9
director. 10
(c) The division shall post on its website information regarding the programs created under 11
this section including how individuals may find services available in their community. 12
(d) The division shall hold one or more hearings or listening sessions in each municipality 13
of the state on an annual basis to evaluate the programs created pursuant to this section and to 14
incorporate any necessary changes to such programs. 15
12-15.1-7. Lease provisions. 16
Any lease or contract for rental of residential property shall provide notice of the tenant's 17
right to legal representation pursuant to § 12-15.1-3. Lease provisions waiving right to legal 18
representation or otherwise limiting the tenant's right to obtain legal representation shall be void 19
and unenforceable. 20
12-15.1-8. Severability. 21
If any clause, sentence, paragraph, section, or part of this chapter or its application to any 22
individual or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be 23
invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its 24
application to other individuals or circumstances; provided, however that judgment shall be 25
confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the 26
controversy in which that judgment shall have been rendered. 27
SECTION 3. Section 34-18-56 of the General Laws in Chapter 34-18 entitled "Residential 28
Landlord and Tenant Act" is hereby amended to read as follows: 29
34-18-56. Notices and complaint forms. 30
(a) A notice in substantially the following language shall suffice for the purpose of giving 31
a tenant a five (5) day demand for payment of rent prior to commencement of an eviction pursuant 32
to § 34-18-35: 33
FIVE-DAY DEMAND NOTICE FOR NONPAYMENT OF RENT 34
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R.I.G.L. 34-18-35 1
Date of Mailing: _____________________ 2
TO: __________________________ 3
(tenant) 4
_____________________________ 5
_____________________________ 6
You are now more than fifteen days in arrears for some or all of the rent owed under your 7
rental agreement. State law requires that you be sent this Notice of arrearage. 8
Unless you make payment of all rent in arrears within five days of the date this notice was 9
mailed to you, an eviction action may be instituted in court against you. You can prevent the 10
eviction by paying all rent owing within five days of the mailing of this notice. 11
If you believe you have a legal reason for not paying this rent, you will be able to present 12
that defense at the eviction hearing. You may be entitled to legal representation through a 13
designated legal organization. Contact the Division of Civil Representation at the Office of the 14
Public Defender. The rent in arrears as of the above date is $_____________. 15
__________________________ 16
(signature) 17
_________________________ 18
_________________________ 19
(name and address of land-lord/owner) 20
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 21
addressed to the tenant, on the ________ day of ________________________, 20______. 22
__________________________ 23
(landlord or owner signature) 24
(b) A notice in substantially the following language shall suffice for the purpose of giving 25
a tenant a notice of noncompliance with the rental agreement pursuant to § 34-18-36: 26
NOTICE OF NONCOMPLIANCE 27
R.I.G.L. 34-18-36 28
Date of Mailing: ____________________ 29
TO: __________________________ 30
(tenant) 31
_____________________________ 32
_____________________________ 33
(address) 34
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You are in breach of your rental agreement, or of your legal duties under R.I.G.L. 34-18-1
24, because you: 2
__________________________________________________________________ 3
__________________________________________________________________ 4
__________________________________________________________________ 5
(provide details) 6
To remedy this situation you must do the following within twenty days of the date of 7
mailing of this Notice: 8
__________________________________________________________________ 9
__________________________________________________________________ 10
__________________________________________________________________ 11
If you do not remedy this situation within twenty days, your rental agreement will terminate 12
without further notice on __________ (date, which must be not less than twenty-one days from the 13
date of mailing of this Notice). (NOTE: Under the law you lose this right to remedy your 14
noncompliance if this is the second notice on the same subject within the past six months.) After 15
that date an eviction case may begin in court, and you may be served with a complaint. You will 16
have the right to a hearing and to present any defenses you believe you have. You may be entitled 17
to legal representation through a designated legal organization. Contact the Division of Civil 18
Representation at the Office of the Public Defender. 19
__________________________ 20
(signature) 21
__________________________ 22
__________________________ 23
(name and address of land-lord/owner) 24
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 25
addressed to the tenant, on the ________ day of ________________________, 20______. 26
__________________________ 27
(landlord or owner signature) 28
(c) A notice in substantially the following language shall suffice for the purpose of giving 29
a tenant notice of termination of tenancy pursuant to § 34-18-37: 30
NOTICE OF TERMINATION OF TENANCY 31
R.I.G.L. 34-18-37 32
Date of Mailing: _______________________ 33
TO: _________________________ 34
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(tenant) 1
_____________________________ 2
_____________________________ 3
(address) 4
You are hereby directed to vacate and remove your property and personal possessions from 5
the premises located at ____________________________________________________________ 6
(address of premises) 7
and deliver control of the premises to the landlord/owner on the first day after the end of your 8
current rental period, namely ____________________. 9
(insert date) 10
This notice is given for the purpose of terminating your tenancy. You must continue to pay 11
rent as it becomes due until the date indicated above. If you fail to pay that rent, a nonpayment 12
eviction action may be instituted against you. 13
If you fail to vacate the premises by the date specified, an eviction may be instituted against 14
you without further notice. If you believe you have a defense to this termination, you will be able 15
to raise that defense at the court hearing. You may be entitled to legal representation through a 16
designated legal organization. Contact the Division of Civil Representation at the Office of the 17
Public Defender. 18
__________________________ 19
(signature) 20
__________________________ 21
__________________________ 22
(name and address of land-lord/owner) 23
I certify that I placed in regular U.S. mail, first class postage prepaid, a copy of this Notice, 24
addressed to the tenant, on the ________ day of ________________________, 20______. 25
__________________________ 26
(landlord or owner signature) 27
(d) A complaint in substantially the following language shall suffice for the purpose of 28
commencing an eviction action for nonpayment of rent pursuant to § 34-18-35: 29
State of Rhode Island 30
_______________________, Sc. DISTRICT COURT 31
____________________________ _____________ DIVISION 32
PLAINTIFF DEFENDANT 33
____________________________ ___________ _________________________ 34
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(Landlord's Name) (Tenant's Name) 1
V 2
__________________________________ _____________________________________ 3
__________________________________ _____________________________________ 4
________________________________ _______________________________________ 5
(address) (address of rental premises) 6
COMPLAINT FOR EVICTION 7
FOR NONPAYMENT OF RENT 8
R.I.G.L. 34-18-35 9
1. Plaintiff is the owner/landlord of the rental premises listed above, in which the Defendant 10
Tenant currently resides. 11
2. Defendant is more than fifteen days in arrears in rental payments due to the plaintiff from 12
the defendant. The rent is $__________ per __________, and the amount in arrears is $________ 13
as of the __________ day of __________, 20____. 14
(month) 15
3. Plaintiff has served the five-day demand notice as required by law, and a copy of that 16
notice is attached to this complaint. The notice was mailed to the defendant on the __________ day 17
of ________, 20____. 18
4. Defendant has not paid the rent in arrears or offered the full amount in arrears, either 19
before or after the demand notice. Defendant remains in possession of the rental premises. 20
WHEREFORE, Plaintiff requests that this Court grant a judgment for possession of the 21
premises (eviction of the tenant) and for back rent in the amount of $______________, plus costs. 22
__________________________ 23
(Name & address of landlord/owner 24
or attorney for landlord) 25
_________________________ 26
Date complaint filed with clerk __________________ 27
(e) A complaint in substantially the following language shall suffice for the purpose of 28
commencing an eviction action for noncompliance with the rental agreement pursuant to § 34-18-29
36, or an eviction action for unlawfully holding over after expiration or termination of the tenancy 30
pursuant to § 34-18-38: 31
STATE OF RHODE ISLAND 32
_______________________, Sc. DISTRICT COURT 33
____________________________ _____________ DIVISION 34
LC002213 - Page 11 of 19
PLAINTIFF DEFENDANT 1
____________________________ _________________________ 2
(Landlord's Name) (Tenant's Name) 3
V 4
_____________________________ _________________________ 5
_____________________________ _________________________ 6
(address) (address of rental premises) 7
COMPLAINT FOR EVICTION 8
FOR REASON OTHER THAN 9
NONPAYMENT OF RENT 10
R.I.G.L. 34-18-36 11
R.I.G.L. 34-18-38 12
1. Plaintiff Landlord(s) owns the rental premises listed above, in which the Defendant 13
Tenant(s) resides. 14
2. CHECK ONE: 15
____ Defendant breached the tenant's obligations under the rental agreement or § 34-18-16
24 as set forth in the attached copy of the notice of noncompliance which was mailed to the 17
defendant. Defendant has not cured or remedied the breach. (Plaintiff must attach copy of required 18
notice of noncompliance.) 19
____ Defendant has remained in possession of the rented premises following the period set 20
forth in the attached notice of termination of tenancy which was mailed to defendant. (Plaintiff 21
must attach copy of required termination notice.) 22
____ Defendant breached the tenants' obligations under § 34-18-24(8), (9) or (10). 23
3. Plaintiff seeks judgment for possession of the premises plus judgment in the amount of 24
__________________________________________________________________ 25
for _______________________________________________________________ 26
__________________________________________________________________ 27
__________________________________________________________________ 28
__________________________________________________________________ 29
(explain basis for money claim) 30
Plaintiff seeks costs and fees (if applicable). 31
__________________________ 32
(Signature of Landlord/Owner or 33
Attorney) 34
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_________________________ 1
Date complaint filed with clerk __________ 2
(f) A complaint in substantially the following language, or in similar language, shall be 3
sufficient for use by landlords or by tenants to bring any claims or causes of action other than 4
eviction actions: 5
NOT FOR EVICTION 6
State of Rhode Island 7
_______________________, Sc. DISTRICT COURT 8
____________________________ _____________ DIVISION 9
PLAINTIFF DEFENDANT 10
_________________________ _________________________ 11
(Name) (Name) 12
V 13
_______________________________ _________________________ 14
_______________________________ _________________________ 15
_______________________________ _________________________ 16
(address) (address of rental premises) 17
LANDLORD-TENANT COMPLAINT 18
(NOT FOR USE IN EVICTIONS) 19
1. Plaintiff is the ____ Tenant ____ Landlord/Owner of the rental premises 20
at. ________________________________________________________________ 21
(address of rental premises) 22
2. Defendant is the ____ Tenant ____ Landlord/Owner. 23
3. Plaintiff claims that defendant has breached the obligations of the rental agreement or 24
law in relation to this landlord-tenant relationship, as follows: 25
__________________________________________________________________ 26
__________________________________________________________________ 27
__________________________________________________________________ 28
(brief description of claim, attach extra sheet, if necessary) 29
4. Plaintiff seeks the following judgment or relief from the Court: 30
__________________________________________________________________ 31
__________________________________________________________________ 32
__________________________________________________________________ 33
Date Complaint Filed __________________________ 34
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With Clerk: __________ (Signature of plaintiff or plaintiff's attorney) 1
_________________________ 2
(address) 3
(g) The summons in an action for eviction for nonpayment of rent pursuant to § 34-18-35 4
shall be in substantially the following form: 5
STATE OF RHODE ISLAND 6
DISTRICT COURT SUMMONS 7
EVICTION-NONPAYMENT OF RENT 8
DIVISION COUNTY CIVIL ACTION-FILE NO. 9
Address of Court: 10
__________________________________ _________________________ 11
__________________________________ _________________________ 12
__________________________________ __________________________ 13
(name & address of plaintiff landlord) (name & address of defendant-tenant) 14
TO THE TENANT: You are served with an eviction complaint for nonpayment of rent. If 15
you do nothing, you will lose by default and be evicted. If you claim any defense, you must 16
complete the enclosed ANSWER and file it with the Court Clerk at or before the hearing date. You 17
should also mail a copy to the landlord or the landlord's lawyer. Your hearing will be at 9:30 A.M. 18
on the hearing date, at the court address listed above. You should go to the hearing or you may lose 19
by default. If you think the case is "settled," you should still go to the hearing to make sure the 20
settlement is in the court record. You may be entitled to legal representation through a designated 21
legal organization. Contact the Division of Civil Representation at the Office of the Public 22
Defender. 23
YOUR HEARING DATE IS: ________________________________. 24
(Proof of Service on next page) 25
________________________________________ 26
PROOF OF SERVICE 27
I hereby certify that I served a copy of the Complaint and Summons & Answer upon the 28
defendant(s) by delivering or leaving said papers in the following manner: 29
______ to the defendant personally; or 30
______ at his or her dwelling unit or usual place of abode 31
at the address listed below with a person of suitable age then residing therein; or 32
______ if none be found, by posting conspicuously on the 33
door to the defendant's dwelling unit. 34
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ADDRESS OF DWELLING OR USUAL PLACE OF ABODE: 1
__________________________________________________________________ 2
NAME OF PERSON OF SUITABLE AGE: 3
________________________________________________________________________ 4
SERVICE DATE: 5
__________________________________________________________________ 6
DEPUTY SHERIFF/CONSTABLE: 7
__________________________________________________________________ 8
__________________________________________________________________ 9
CERTIFICATE OF SERVICE 10
I hereby certify that a copy of this Complaint and Summons was placed into regular U.S. 11
Mail, postage prepaid, on the __________________ day of ________________, 20____, addressed 12
to defendant at the following address: 13
________________________________________________. 14
__________________________ 15
(Signature of ___________ Clerk) 16
(h) The summons in an action for eviction for noncompliance with the rental agreement 17
pursuant to § 34-18-36, or for unlawfully holding over after termination or expiration of tenancy 18
pursuant to § 34-18-38, shall be in substantially the following form: 19
State of Rhode Island 20
District Court Summons 21
EVICTION FOR REASON OTHER THAN NONPAYMENT OF RENT 22
DIVISION COUNTY CIVIL ACTION-FILE NO. 23
Address of Court: 24
______________________________ __________________________ 25
V 26
____________________________ __________________________ 27
______________________________________ __________________________ 28
(name & address of plaintiff landlord) (name & address of defendant- tenant) 29
TO THE TENANT: You are served with an eviction complaint for noncompliance with 30
rental agreement (R.I.G.L. 34-18-36), or for unlawfully holding over after termination or expiration 31
of tenancy (R.I.G.L. 34-18-38). If you do nothing, you will lose by default and be evicted. If you 32
claim any defense, you must complete the enclosed ANSWER and file it with the Court Clerk 33
within TWENTY (20) days after you are served with this summons and complaint. You should also 34
LC002213 - Page 15 of 19
mail a copy of the ANSWER to the landlord or the landlord's lawyer. If you file the enclosed 1
ANSWER, then you will receive another written notice telling you when the hearing will be. If you 2
have any questions, you may consult a lawyer. If you think the case is "settled" you should still file 3
the enclosed ANSWER or be sure that the written settlement is in the file at the Clerk's office. You 4
may be entitled to legal representation through a designated legal organization. Contact the Division 5
of Civil Representation at the Office of the Public Defender. 6
(Proof of Service on next page) 7
________________________________________ 8
PROOF OF SERVICE 9
I hereby certify that I served a copy of the Complaint, Summons, and Answer form upon 10
the defendant(s) by delivering or leaving said papers in the following manner: 11
____ to the defendant personally 12
____ at his/her dwelling unit or usual place of abode at the address listed below, with a 13
person of suitable age then residing therein 14
____ to an agent named below authorized by appointment or by law to receive service of 15
process 16
____ further notice as required by law was given as noted below 17
Address of dwelling or usual place of abode: 18
__________________________________________________________________ 19
Name of person of suitable age or of agent: 20
__________________________________________________________________ 21
Service Date: ____________________ 22
Deputy Sheriff/Constable (circle one): 23
__________________________ 24
(signature) 25
(i) The summons in an action relating to any claims by tenants, or by landlords other than 26
for eviction, shall be in substantially the following form: 27
State of Rhode Island 28
District Court Summons 29
________________________ ________________________ 30
DIVISION COUNTY CIVIL ACTION-FILE NO. 31
___________________ _____________________ 32
PLAINTIFF PLAINTIFF'S ATTORNEY 33
__________________________ 34
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ADDRESS 1
_________________ vs 2
DEFENDANT 3
__________________________ 4
DEFENDANT'S ADDRESS 5
______________________________ _________________________ 6
TO THE ABOVE-NAMED DEFENDANT: 7
You are hereby summoned and required to serve upon the plaintiff's attorney, whose name 8
and address appears above, an answer to the complaint which is herewith served upon you. Your 9
answer must be made within 20 days after service of this summons, excluding the date of service. 10
The original must be filed in writing with this court. If you fail to do so, judgment by default will 11
be taken against you for the relief demanded in the complaint. You may be entitled to legal 12
representation through a designated legal organization. Contact the Division of Civil 13
Representation at the Office of the Public Defender. 14
______________________________ __________________________ 15
DATE CLERK 16
______________________________ __________________________ 17
SEAL OF THE DISTRICT COURT DATE RECEIVED 18
__________________________________________________________________ 19
PROOF OF SERVICE 20
I hereby certify that on the date below I served a copy of this summons and a copy of the 21
complaint received herewith upon the above-named defendant by delivering or leaving said papers 22
in the following manner: 23
□ to the defendant personally. 24
□ at his dwelling house or usual place of abode at the address entered 25
below, with a person of suitable age and discretion then residing therewith. 26
□ to an agent named below authorized by appointment or by law to receive 27
service of process. 28
□ Further notice as required by statute was given as noted on the reverse 29
side. 30
__________________________________________________________________ 31
Address of Dwelling or Usual Place of Abode 32
__________________________________________________________________ 33
Name of Authorized Agent or Person of Suitable Age 34
LC002213 - Page 17 of 19
______________________________ __________________________ 1
Date Deputy Sheriff/Constable 2
______________________________ __________________________ 3
SERVICE FEE $________ 4
(j) The blank answer served in eviction actions shall be in substantially the following form: 5
State of Rhode Island 6
_______________________, Sc. DISTRICT COURT 7
____________________________ _____________ DIVISION 8
PLAINTIFF DEFENDANT 9
____________________________ __________________________ 10
(Landlord's Name) (Tenant's Name) 11
V 12
__________________________________ __________________________ 13
__________________________________ _________________________ 14
(address) (address of rental premises) 15
INSTRUCTIONS TO THE DEFENDANT 16
Listed below are several possible defenses to the eviction action your landlord has filed 17
against you. If one or more of these defenses apply to your case, check the appropriate box(es). If 18
space is provided, write in facts in support of that defense. Use additional paper if necessary. Some 19
of these defenses are technical, and there may be others not listed here. You may consult a lawyer 20
and seek representation before filling out this Answer. You may be entitled to legal representation 21
through a designated legal organization. Contact the Division of Civil Representation at the Office 22
of the Public Defender. 23
TENANT'S ANSWER 24
The complaint against me is untrue or fails to state the following facts: 25
I offered rent, but my landlord refused it. I am still able and willing to pay the rent. 26
I have a defense for nonpayment because the landlord has failed to maintain the premises 27
in a fit and habitable condition. 28
My rent has not been paid, but I have a legally justifiable defense for not paying: 29
I have a written lease which does not expire until: 30
I have not received the required notice from the landlord before this complaint was served 31
on me. 32
The landlord is trying to evict me because I have exercised my legal rights by calling code 33
enforcement officials, or by taking the following protected action: 34
LC002213 - Page 18 of 19
I have other defenses as follow: 1
WHEREFORE: Because of the defense(s) indicated above, I ask the court to grant a 2
judgment in my favor and not order me to be evicted. 3
COUNTERCLAIM 4
Instructions: If you believe you are entitled to be awarded damages or money for any reason 5
from your landlord, you may fill out the statement below: 6
I hereby sue my landlord for the amount of $_____________. 7
I believe I am entitled to receive an award of this amount because 8
__________________________________________________________________ 9
__________________________________ __________________________ 10
Name of Defendant (or attorney) Signature of Defendant 11
___________________________________ 12
Address 13
___________________________________ 14
Telephone number 15
___________________________________ 16
SECTION 4. Section 12-15-3 of the General Laws in Chapter 12-15 entitled "Public 17
Defender" is hereby amended to read as follows: 18
12-15-3. Duty to represent indigent defendants. 19
It shall be the duty of the public defender to represent and act as attorney for indigent 20
defendants in those criminal cases referred to him or her by the supreme court, by the superior 21
courts, by the district courts, and as are set forth in § 14-1-31, as well as all civil evictions pursuant 22
to chapter 15.1 of this title, and he or she shall be engaged full time in that capacity. 23
SECTION 5. This act shall take effect upon passage. 24
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LC002213 - Page 19 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 1
public defender that would provide legal representation to tenants in eviction proceedings. The act 2
would also provide that notice of an individual’s right to legal representation be included in all 3
residential landlord/tenant complaint forms and that any attempt to waive that right in a lease would 4
be void. 5
This act would take effect upon passage. 6
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