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S2401AaaCities & Towns

Towns and Cities - General Powers

This bill allows the city of Cranston to create a specialized housing court to handle property and building code violations.

On the floor34 Yea0 Nay4 Not voting
Population
Affected
35
Email Legislator
Introduced Jan 30, 2026Committee Senate Judiciary

Plain-English Summary

This bill allows the city council of Cranston, Rhode Island, to create a specialized "housing division" within its municipal court. This new division will handle cases specifically related to housing and property issues, such as zoning violations, building code violations, and minimum housing standard enforcement. The housing division can issue fines up to $500, order repairs or demolitions of unsafe buildings, and place properties into receivership, but it cannot sentence anyone to jail. Anyone found guilty by this division can appeal the decision to the state's superior court.

For younger readers

This bill lets the city of Cranston make a special court just for houses and buildings. Sometimes, people don't take care of their buildings, making them unsafe or breaking city rules. This new court will listen to these cases and can tell the owners to fix the problems, tear down dangerous buildings, or pay a fine. The court isn't allowed to send anyone to jail. If someone disagrees with the court's choice, 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 CranstonBuilding contractorsReal estate developers
Impacted communities
Cranston

Constitutional & Fiscal Check

None Likely. The bill provides clear due process by allowing any aggrieved party to appeal decisions to the superior court for a trial de novo. The powers granted to the municipal housing division, such as issuing fines, ordering repairs, and placing properties into receivership, are standard municipal police powers for nuisance abatement and code enforcement.

Estimated cost
Amount unknown
Estimated revenue
Up to $500/fine for violators

Bill Analysis

Both viewpoints
For Progressives
  • Enhances the enforcement of minimum housing standards, which helps protect low-income renters from dangerous or unsanitary living conditions caused by negligent landlords.
  • Provides the city with equitable powers to order repairs or place neglected properties into receivership, helping to rehabilitate distressed neighborhoods and improve community welfare.
  • Removes the threat of jail time for housing division offenses, ensuring that property code enforcement does not contribute to the criminalization and incarceration of disadvantaged individuals.
  • Fines of up to $500 could place a disproportionate financial burden on low-income homeowners who cannot afford to make necessary property repairs.
  • The power to order the vacation or demolition of a dwelling could displace vulnerable residents and exacerbate local homelessness if alternative housing is not provided.
  • The broad authority to punish individuals for contempt of court could be abused to penalize marginalized community members who struggle to navigate the legal system.
For Conservatives
  • Empowers local government to maintain law and order by strictly enforcing property, zoning, and building codes within the community.
  • Protects property values for responsible homeowners and businesses by ensuring that neighboring neglected properties are repaired, demolished, or put into receivership.
  • Keeps the resolution of local housing and zoning disputes at the municipal level, reinforcing the principle of decentralized, local governance.
  • Expands municipal government power by creating a new bureaucratic court division, which increases the regulatory burden on property owners and landlords.
  • Grants the city broad authority to interfere with private property rights, including the extreme power to order the demolition of privately owned dwellings.
  • Allows the government to force private properties into receivership, overriding the rights of property owners and potentially undermining private liens and encumbrances.

Votes

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Full Bill Text

3 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.