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H 8385Housing

Property - Residential Landlord and Tenant Act

This bill expands the rules for sealing eviction court records, especially for tenants who win their cases or are young.

Held for study
Population
Affected
18
Email Legislator
Introduced Apr 1, 2026Committee House Judiciary

Plain-English Summary

This bill changes the rules for sealing eviction records in court. It allows tenants to have their eviction records hidden from public view if the case was dismissed, settled and paid, or if the tenant won the case. It also protects minors and young adults (ages 18 to 21) living with a family member who is evicted, by automatically sealing their names from the record if they didn't sign the lease. Generally, a person can only ask to seal a record once every five years, but cases where the tenant wins or the court lacked jurisdiction do not count against this limit.

For younger readers

Sometimes, when a landlord asks a family to move out, it goes on a permanent public list called a court record. This can make it hard for the family to rent a new home later. This bill helps families by hiding these lists if the family paid what they owed, if the judge said the family could stay, or if the court made a mistake. It also makes sure that kids and young adults living there don't get their names put on this bad list just because their parents had trouble with the landlord paying rent.

Who & Where It Applies

Impacted groups
TenantsLandlordsMinorsYoung adultsCourt clerks
Impacted communities
All

Constitutional & Fiscal Check

There is a slight constitutional risk regarding the First Amendment right of public access to court records. While courts generally allow the sealing of records to protect privacy, overly broad mandatory sealing laws can sometimes be challenged by the press or public as infringing on the transparency of the judicial system. However, since this targets specific resolved or dismissed eviction cases to protect vulnerable individuals, it is likely to survive scrutiny.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects vulnerable tenants, including low-income families, from the long-term stigma of eviction records, making it easier for them to secure safe and affordable housing in the future.
  • Shields minors and young adults who did not sign a lease from having their names permanently attached to an eviction proceeding, preventing unjust barriers to their future housing and credit opportunities.
  • Promotes fairness in the justice system by automatically sealing records when a tenant wins their case or when a case is dismissed due to a defective complaint, ensuring innocent tenants are not penalized.
  • The five-year waiting period between sealing requests for cases that were settled or satisfied may still leave some tenants exposed to housing discrimination during that time if they face multiple eviction filings.
  • The requirement for tenants to proactively file a motion to seal in certain circumstances, rather than having it done automatically, creates a hurdle for disadvantaged individuals who lack legal representation or resources.
  • Does not completely abolish the creation of public eviction records, which some advocates argue inherently favors landlords and perpetuates systemic inequality in the housing market.
For Conservatives
  • Respects the rule of law and property rights by maintaining the public visibility of legitimate, unsatisfied eviction judgments, allowing landlords to properly vet potential tenants.
  • Encourages personal responsibility by allowing tenants to seal their records only after they have fully satisfied any monetary judgments or terms of a stipulation owed to the landlord.
  • Protects young adults and children who are not legally responsible for the lease, upholding traditional family values by not penalizing dependents for the financial shortcomings of the primary leaseholder.
  • Restricts the free market by hiding certain eviction histories from landlords, limiting their ability to make fully informed decisions about who they rent their private property to.
  • Imposes additional administrative burdens on the court system to process sealing motions, track five-year eligibility limits, and redact specific names from electronic dockets.
  • By removing the stigma and public record of some eviction filings, it may reduce the deterrent effect that keeps tenants compliant with their lease agreements and rent payments.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 16 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 this section.

(e) The court shall seal the record, following the expiration of any appeal period, when a tenant prevails following a hearing or trial before the court, 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 this section.

(f) The court shall seal any minor named in an eviction proceeding, or any individual between the ages of eighteen (18) and twenty-one (21) named in an eviction proceeding who did not execute the lease and has a familiar relationship with any tenant named in the 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 this section.

SECTION 2. This act shall take effect upon passage.