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| 7 | 7 | | LC002848 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT |
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| 16 | 16 | | Introduced By: Representatives Tanzi, Ajello, Stewart, Morales, Cruz, Kislak, Diaz, |
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| 17 | 17 | | Slater, Henries, and Speakman |
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| 18 | 18 | | Date Introduced: April 26, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant 1 |
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| 24 | 24 | | Act" is hereby amended by adding thereto the following section: 2 |
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| 25 | 25 | | 34-18-58. Sealing and unsealing of court files. 3 |
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| 26 | 26 | | (a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court 4 |
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| 27 | | - | upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal 5 |
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| 28 | | - | period following the conclusion of the underlying civil action. 6 |
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| 29 | | - | (b) In ruling on the motion to seal, the court shall grant the motion and seal the record of 7 |
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| 30 | | - | the civil action upon a finding that the underlying civil action was dismissed as a result of a motion 8 |
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| 31 | | - | to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied 9 |
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| 32 | | - | by the parties, any monetary judgment against the moving party has been satisfied in full or the 10 |
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| 33 | | - | action has been dismissed for lack of prosecution after a five (5) year period. The court shall also 11 |
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| 34 | | - | make a finding that the moving party notified all parties to the underlying civil action of their 12 |
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| 35 | | - | motion to seal the record and that motion is the only request made under this section by the moving 13 |
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| 36 | | - | party within the previous five (5) years. 14 |
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| 37 | | - | (c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a 15 |
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| 38 | | - | motion to seal the record of the action upon satisfaction of the requirements set forth in subsections 16 |
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| 39 | | - | (a) and (b) of this section. Parties requesting seal of their record under this section are limited to 17 |
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| 40 | | - | one request every five (5) years. 18 |
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| 41 | | - | SECTION 2. This act shall take effect on January 1, 2024. 19 |
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| 42 | | - | |
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| 43 | | - | |
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| 44 | | - | LC002848 - Page 2 of 3 |
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| 27 | + | upon motion by any party or parties after the conclusion of the case. 5 |
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| 28 | + | (b) In ruling on the motion to seal, the court shall consider the disposition of the case, 6 |
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| 29 | + | including, but not limited to, whether the case was dismissed, whether rent claimed in the case has 7 |
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| 30 | + | been paid through a rental assistance program, and if the case was resolved by stipulation whether 8 |
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| 31 | + | the terms of the stipulation have been fulfilled by the parties. 9 |
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| 32 | + | SECTION 2. This act shall take effect on January 1, 2024. 10 |
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