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H7083ACities & Towns

Towns and Cities - General Powers

This bill allows Cranston to establish a municipal housing court division to handle zoning and building code violations.

On the floor64 Yea0 Nay11 Not voting
Population
Affected
35
Email Legislator
Introduced Jan 14, 2026Committee House Municipal Government & Housing

Plain-English Summary

This bill allows the Cranston City Council to create a special housing division within its municipal court. This new division would handle cases related to housing, zoning, and building code violations, such as plumbing, electrical, and property maintenance issues. The housing division can impose fines up to $500, order property repairs, require demolitions, or place problem properties into receivership. It cannot sentence anyone to jail. Anyone found guilty by this housing division has 20 days to appeal the decision to the superior court for a new trial.

For younger readers

This bill lets the city of Cranston create a special court just for housing rules. If someone's house or building breaks the city rules—like having unsafe wiring, broken plumbing, or being built in the wrong spot—this new court will handle the case. The judge in this court can make the owner pay a fine of up to $500 or order them to fix or tear down the building. The judge cannot send anyone to jail. If a person disagrees with the judge's decision, they can ask a higher court to look at their case again.

Who & Where It Applies

Impacted groups
Property owners in CranstonLandlords in CranstonTenants in CranstonCranston municipal officialsReal estate developers in Cranston
Impacted communities
Cranston

Constitutional & Fiscal Check

None Likely. The bill grants the municipal housing division significant powers over private property, including the ability to order demolitions or receivership, which touches upon 5th and 14th Amendment property rights. However, the legislation explicitly guarantees the right to appeal any final judgment to the superior court for a trial de novo within 20 days. This robust appeals process satisfies procedural due process requirements, minimizing constitutional risks.

Estimated cost
Amount unknown
Estimated revenue
Code Violators: Up to $500/fine plus scheduled fees and costs

Bill Analysis

Both viewpoints
For Progressives
  • Creates a dedicated venue to strictly enforce minimum housing standards, which can significantly improve living conditions, health, and safety for renters and low-income residents.
  • Grants the housing division the power to order repairs or place neglected properties into receivership, helping to rehabilitate blighted neighborhoods and hold negligent landlords accountable.
  • Explicitly prohibits the housing division from imposing jail sentences, aligning with progressive goals of reducing incarceration for civil infractions or minor municipal code violations.
  • Fines of up to $500 and the costs of mandated repairs or demolitions could place a severe and disproportionate financial burden on low-income homeowners who cannot afford to fix code violations.
  • Expanding court powers to order demolitions or vacate dwellings could lead to the displacement of vulnerable residents and exacerbate homelessness if affordable housing alternatives are not provided.
  • The creation of a new court division with the power to punish for contempt may unnecessarily entangle marginalized community members in the local legal and punitive system.
For Conservatives
  • Strengthens local control and the rule of law by giving Cranston a dedicated mechanism to strictly enforce local zoning ordinances and municipal building codes.
  • Protects community property values and traditional neighborhood aesthetics by empowering the court to compel the repair or demolition of blighted and non-compliant properties.
  • Ensures due process and protects individual rights by guaranteeing citizens the right to appeal the housing division's decisions to a superior court for a completely new trial.
  • Expands municipal government bureaucracy by creating a new court division, which will likely increase local administrative costs and regulatory overreach.
  • Infringes on private property rights by giving a local court broad powers to order the demolition of dwellings or force privately owned properties into receivership.
  • Subjects landlords and property owners to increased scrutiny, fines, and strict enforcement of complex state building and energy codes, burdening free enterprise.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 55 additions · 1 deletion

SECTION 1. Section 45-2-21 of the General Laws in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows: 45-2-21. City of Cranston — Municipal court City of Cranston -- Municipal court -- Housing division.

(a) Establishment. The city council of the city of Cranston may establish a municipal court and confer upon the court original jurisdiction notwithstanding any other provisions of the general laws to hear and determine causes the involving violation of any ordinance of the city including all minimum housing violations of the city; provided, that any defendant found guilty of any offense excluding minimum housing violations within the jurisdiction thereof by the court, may, within five (5) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; provided, that any defendant found guilty of any minimum housing violation may, within five (5) days of the conviction, file an appeal from the conviction to the district court and be entitled in the latter court to a trial de novo in accordance with §§ 8-8-3(a)(2), 8-8-3.1, and 8-8-3.2. The city council of the city of Cranston may also establish a municipal housing division (hereinafter, "housing division") within the municipal court in accordance with subsection (e) of this section.

(b) Judges, clerks and procedures. The city council of the city of Cranston is authorized and empowered to appoint a judge of the municipal court and a clerk of the municipal court. The city council of the city of Cranston is also authorized to appoint a judge and clerk of the housing division, who may be, but is not required to be, the same person(s) holding the judgeship and clerkship of the municipal court. The city council of the city of Cranston is authorized and empowered to enact ordinances governing the operation and procedure to be followed in the court and the housing division and to establish a schedule of fees and costs.

(c) Operation, management, and powers of the municipal court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt. The housing division shall not have the power to impose any jail sentence.

(d) Operation, management, and powers of the housing division. The Cranston city council is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the housing division, and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the housing division. The Cranston city council may authorize the housing division to impose fines not in excess of five hundred dollars ($500). The housing division may also be empowered to:

(1) Administer oaths;

(2) Compel the attendance of witnesses; and

(3) Punish persons for contempt.

(e) Municipal housing division establishment and jurisdiction.

(1) The city council of the city of Cranston may establish a housing division within the municipal court, and confer upon the housing division original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the city and any violation of the provisions of chapter 24 of this title (“zoning ordinances”); any violation of chapter 24.1 of this title (“historical area zoning act”); any violation of chapter 24.2 of this title (“minimum housing standards”); any violation of chapter 24.3 of this title (“housing maintenance and occupancy code”); any violation of chapter 23 of this title (“subdivision of land”); any violation of any local Cranston ordinance or regulation, enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (“state building code”); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-I Rhode Island state building code; SBC-2 Rhode Island state one- and two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgement, decree, or order of the Cranston housing division may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the superior court and be entitled in the latter court to a trial de novo.

(2) With respect to violations falling under the jurisdiction of the Cranston housing division, as outlined in subsection (e)(1) of this section, the city council may also confer upon the housing division, in furtherance of the court’s jurisdiction, the power to proceed according to equity:

(i) To restrain, prevent, enjoin, abate, or correct a violation;

(ii) To order the repair, vacation, or demolition of any dwelling existing in violation;

(iii) To otherwise compel compliance with all of the provisions of the ordinances and statutes; and

(iv) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property that shall be binding upon all those claiming by, through, under; or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

SECTION 2. This act shall take effect upon passage.