Rhode Island 2023 2023 Regular Session

Rhode Island House Bill H6323 Amended / Bill

Filed 06/15/2023

                     
 
 
 
2023 -- H 6323 AS AMENDED 
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LC002848 
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S T A T E O F R H O D E I S L A N D 
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, 
Slater, Henries, and Speakman 
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 1 
Act" is hereby amended by adding thereto the following section: 2 
34-18-58. Sealing and unsealing of court files.     3 
(a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court 4 
upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal 5 
period following the conclusion of the underlying civil action. 6 
(b) In ruling on the motion to seal, the court shall grant the motion and seal the record of 7 
the civil action upon a finding that the underlying civil action was dismissed as a result of a motion 8 
to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied 9 
by the parties, any monetary judgment against the moving party has been satisfied in full or the 10 
action has been dismissed for lack of prosecution after a five (5) year period. The court shall also 11 
make a finding that the moving party notified all parties to the underlying civil action of their 12 
motion to seal the record and that motion is the only request made under this section by the moving 13 
party within the previous five (5) years. 14 
(c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a 15 
motion to seal the record of the action upon satisfaction of the requirements set forth in subsections 16 
(a) and (b) of this section. Parties requesting seal of their record under this section are limited to 17 
one request every five (5) years. 18 
SECTION 2. This act shall take effect on January 1, 2024. 19   
 
 
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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 1 
upon the filing of a motion. 2 
This act would take effect on January 1, 2024. 3 
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LC002848 
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