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H 8111Civil Procedure

Property - Residential Landlord and Tenant Act

This bill mandates sealing eviction records for dismissed invalid cases and requires hiding the names of minors in court files.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the "Residential Landlord and Tenant Act" regarding the sealing of court files in eviction cases. It mandates that courts must seal records if a case is dismissed due to a defective complaint or lack of jurisdiction. Additionally, the bill requires the court to seal the name of any minor involved in an eviction proceeding. Crucially, sealing records under these specific circumstances does not count toward the existing limitation that restricts a person to sealing only one eviction record every five years.

For younger readers

Sometimes, landlords and people renting homes go to court to solve arguments. This bill changes the rules about keeping those court papers private. If a judge decides a case was started by mistake or against the rules, the papers must be hidden so others can't see them. Also, if a child's name is written in these court papers, the court must hide the child's name to protect their privacy. These specific times of hiding papers won't use up the "one time only" chance people usually get to hide their records.

Who & Where It Applies

Impacted groups
TenantsLandlordsMinorsCourt ClerksAttorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects minors involved in eviction proceedings from having their identities exposed in public records, safeguarding their privacy and future wellbeing.
  • Prevents tenants from being unfairly penalized or "blacklisted" by future landlords for eviction cases that were dismissed due to legal defects or lack of jurisdiction.
  • Ensures that wrongful evictions do not count against the five-year limit for sealing records, allowing tenants to maintain their rights to seal legitimate records later.
  • Does not automatically seal all eviction records upon dismissal, still placing a procedural burden on tenants to file motions in some instances.
  • Maintains the general restriction of sealing only one eviction record every five years for valid cases, which may still harm tenants facing repeat housing instability.
  • Fails to provide free legal counsel to assist tenants in navigating the motion-to-seal process, potentially leaving low-income individuals unable to access this relief.
For Conservatives
  • Protects the privacy of children by ensuring their names are not permanently attached to public legal disputes involving their parents.
  • Upholds the integrity of the legal system by ensuring that legally defective or jurisdictionally invalid complaints do not permanently tarnish a citizen's record.
  • Clarifies the specific conditions under which court files can be sealed, providing clear statutory guidance to the judiciary and reducing judicial activism.
  • Restricts the ability of property owners to conduct thorough background checks on potential tenants by removing access to certain court records.
  • Interferes with the free market by government mandate, preventing landlords from assessing risk based on a complete history of a tenant's legal interactions.
  • Could potentially allow problematic tenants to hide a history of litigious behavior or disputes by sealing records based on technicalities.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 10 additions

SECTION 1. Section 34-18-60 of the General Laws in Chapter 34-18 entitled "Residential Landlord and Tenant Act" is hereby amended to read as follows: 34-18-60. Sealing and unsealing of court files.

(a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal period following the conclusion of the underlying civil action.

(b) In ruling on the motion to seal, the court shall grant the motion and seal the record of the civil action upon a finding that the underlying civil action was dismissed as a result of a motion to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied by the parties, any monetary judgment against the moving party has been satisfied in full, or the action has been dismissed for lack of prosecution after a five-year (5) period. The court shall also make a finding that the moving party notified all parties to the underlying civil action of their motion to seal the record and that motion is the only request made under this section by the moving party within the previous five (5) years.

(c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a motion to seal the record of the action upon satisfaction of the requirements set forth in subsections

(a) and (b) of this section. Parties requesting seal of their record under this section are limited to one request every five (5) years.

(d) In ruling on a motion to seal, when a civil action is dismissed, for either a defective complaint and/or lack of jurisdiction of the court, the court shall grant the motion and seal the record; however, the sealing of an eviction record under this subsection shall not be counted when considering a moving party’s eligibility to request the sealing of one eviction record in five (5) years, as set forth in § 34-18-60.

(e) The court shall seal any minor named in an eviction proceeding, and electronic docket entries related thereto. The sealing of an eviction record under this subsection shall not be counted when considering a moving party’s eligibility to request the sealing of one eviction record in five

(5) years as set forth in § 34-18-60.

SECTION 2. This act shall take effect upon passage.