RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT
Summary
H7766 amends Rhode Island’s Residential Landlord and Tenant Act to change when and how eviction-related court records may be sealed. Under current law, certain landlord-tenant actions can be sealed only after a waiting period and subject to limits on how often a party may seek sealing. This bill removes the five-year waiting period for filing a motion to seal an eviction court file and eliminates the numerical restriction on seal requests.
The bill applies to actions arising under specified sections of the landlord-tenant law, including claims commonly associated with eviction and related residential tenancy disputes. It preserves the court’s role in reviewing sealing requests, but makes the process more accessible by allowing parties to seek sealing sooner and without the prior cap on the number of requests, so long as the statutory conditions are met.
Impact
The bill would amend § 34-18-60 of the General Laws, changing the procedural rules for sealing court records in residential landlord-tenant cases. It would remove the five-year delay before a motion to seal may be filed and delete the limit that restricted a party to one sealing request every five years. As a result, tenants and other parties in covered eviction-related cases could seek to seal qualifying records earlier and more often, subject to court findings and notice requirements.
Sentiment
No committee transcript or vote record is available for this bill, so there is no documented debate or recorded sentiment in the provided materials. Based on the bill text and caption, the measure appears aimed at reducing barriers to sealing eviction records, which suggests a tenant-protective policy approach, but the available record does not show support or opposition from legislators or stakeholders.
Contention
The main policy issue is the balance between record privacy and public access to court files. Supporters would likely favor the bill because it makes it easier for people involved in eviction proceedings to limit the long-term consequences of public court records, while opponents might argue that removing the waiting period and request cap could reduce transparency or make it harder for landlords and the public to track repeat litigation. No specific objections or advocates are identified in the available materials.
Removes the 5 year waiting period to seal court records where a civil action was dismissed, or there was a lack of prosecution, or the matter resolved and the terms of the resolution satisfied, removes the limit of 1 request to seal records every 5 years.
Requires landlords of residential properties built before 1978 to register lead hazard mitigation information with the department of health and the information would be private and only accessible by specific entities.
Requires landlords of residential properties built before 1978 to register lead hazard mitigation information with the department of health and the information would be private and only accessible by specific entities.
Removes the five (5) year waiting period for filing a motion to seal an eviction court file. It also deletes the numerical limitation on filing seal requests.