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S3163AReal Estate

Property - Residential Landlord and Tenant Act

The bill expands the ability to seal eviction records for tenants who win their cases or are not financially responsible.

Introduced30 Yea6 Nay2 Not voting
Population
Affected
15
Introduced Mar 27, 2026Committee Senate Judiciary

Plain-English Summary

This bill updates the rules for sealing eviction records in Rhode Island. It requires courts to seal an eviction record if the case is dismissed due to a defective complaint or lack of jurisdiction, or if the tenant wins the case. These specific sealings will not count against the rule that limits tenants to one sealed eviction record every five years. Additionally, it allows young adults (ages 18 to 21) who lived in a household but were not financially responsible for the rent to have their names removed from an eviction record.

For younger readers

Sometimes, landlords ask a judge to make people move out of their homes. This is called an eviction, and it creates a public court record that anyone can see. This bill changes the rules for hiding these records. If a judge decides the people don't have to move, or if a mistake was made in the paperwork, the record will be hidden. Also, if a young adult (18 to 21 years old) lived there but didn't have to pay rent, they can ask the judge to hide their name from the eviction record so it doesn't follow them around.

Who & Where It Applies

Impacted groups
TenantsLandlordsYoung adults (ages 18-21)Property managersJudiciary staff
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill regulates the sealing of civil court records, which is a standard judicial function. While the First Amendment provides a qualified right of access to court records, courts routinely seal specific records when privacy interests outweigh public access, especially when cases lacked merit or individuals were not liable.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects innocent young adults from having an eviction on their record simply because they lived with their parents, preventing future housing discrimination and barriers to independence.
  • Ensures tenants who win their eviction cases or have them dismissed due to landlord errors automatically get their records sealed, removing unfair stigma for the disadvantaged.
  • Allows tenants to seal these specific types of unjustified evictions without using up their one-time-per-five-years sealing allowance, preserving their rights for future emergencies.
  • The partial sealing for young adults depends entirely on the judiciary creating a new technical mechanism, which could delay or prevent implementation if the state fails to prioritize or fund it.
  • The age limit for dependents is capped at 21, leaving older adult dependents (such as elderly parents or disabled adult children) vulnerable to being permanently named in evictions they aren't financially responsible for.
  • Still places a burden on the 18-21 year olds to actively file a motion and prove their lack of financial responsibility, which can be difficult for low-income individuals without legal representation.
For Conservatives
  • Protects the property rights and collection abilities of landlords by explicitly stating that partial sealings for dependents do not impair the enforcement or collection of any monetary judgments.
  • Promotes individual responsibility by strictly limiting the partial sealing provision to those who can prove they had no contractual or financial obligation for the rent.
  • Maintains public access to the underlying eviction records when a dependent's name is sealed, ensuring transparency in the judicial system for background checks on the actual financially responsible parties.
  • Reduces transparency for future landlords and property management companies who rely on complete public court records to screen potential tenants and assess rental risks.
  • Places additional administrative and technological burdens on the judiciary system to create and manage partial-sealing mechanisms for specific individuals.
  • By automatically sealing records when cases are dismissed for technicalities (defective complaints), it may hide chronically problematic tenants from future property owners.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 31 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)(1) Upon motion of a person who was between eighteen (18) and twenty-one (21) years of age at the time an eviction action was commenced, the court may order the sealing of that person's association with the eviction record if the court finds by a preponderance of the evidence that:

(i) The person was not a party to any lease, rental agreement, or other contractual obligation for payment of rent;

(ii) The person was not financially responsible for rent, occupancy charges, or other obligations arising from the tenancy; and

(iii) The person was named in the eviction action solely because the person resided at the premises and applicable law required all adult occupants to be named in the proceeding.

(2) For purposes of this subsection, "dependent" means an individual who was principally supported by a parent, guardian, or other tenant of record and who did not assume financial responsibility for the tenancy.

(3) An order entered pursuant to this subsection shall seal only the eligible individual's association with the eviction action and shall not seal, expunge, or otherwise restrict public access to the underlying court file, docket, judgment, or orders.

(4) Nothing in this subsection shall impair, limit, delay, or otherwise affect the validity, collection, execution, recording, or enforcement of any judgment entered in the action.

(5) No order shall issue under this subsection unless the judiciary has established a mechanism capable of sealing only the eligible individual's association with the eviction action without sealing the underlying case record.

SECTION 2. This act shall take effect upon passage.