Bill Sponsors
Lima, Potter, Cruz, Slater, Diaz, Sanchez, Handy, Bennett, and McNamara
Committee
House Municipal Government & Housing
Summary
Select
This legislation authorizes the Cranston City Council to create a dedicated Housing Division within its existing municipal court. This new division is granted specific jurisdiction to hear cases regarding zoning ordinances, minimum housing standards, and state building code violations. The bill empowers this court to impose fines of up to $500, sentence violators to up to 30 days in jail, and order property repairs or demolitions. It also establishes a process for appointing judges to this division and outlines the appeals process to the Superior Court.
Sponsor
Analysis
Pros for Progressives
- Empowers the local government to hold negligent landlords accountable for maintaining safe and sanitary housing conditions, potentially reducing the prevalence of "slum" properties.
- Provides a mechanism for the city to place neglected properties into receivership, which can help rehabilitate blighted homes and return them to productive use for the community.
- Enhances the enforcement of environmental and energy conservation codes (SBC-8), ensuring that housing stock meets modern efficiency and safety standards.
Cons for Progressives
- The authorization of jail time (up to 30 days) for housing code violations may disproportionately criminalize poverty, punishing low-income homeowners who cannot afford repairs.
- Fines of up to $500 could create financial hardship for struggling residents, potentially leading to a cycle of debt rather than actual property improvement.
- The power to order demolition or receivership could be utilized to displace residents or facilitate gentrification under the guise of code enforcement.
Pros for Conservatives
- Strengthens the rule of law by providing a dedicated venue to enforce property standards, ensuring that property owners adhere to established ordinances.
- Protects the property values of responsible homeowners by providing a mechanism to abate nuisances and clean up blighted properties in their neighborhoods.
- Maintains local control by allowing the Cranston City Council to manage the court's operations and appointments, rather than ceding control to state-level bureaucracy.
Cons for Conservatives
- Expands the size and scope of local government by creating a new judicial division and bureaucracy to oversee private property.
- Infringes on private property rights by granting the government the power to order the demolition of buildings or force properties into receivership.
- Allows for the imprisonment of citizens for non-violent regulatory infractions, which may be viewed as government overreach and an excessive use of state power.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Property owners in Cranston
- Landlords
- Tenants
- Real estate developers
- Cranston city officials
Towns Affected
Cranston
Cost to Taxpayers
Amount unknown
Revenue Generated
Amount unknown
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/14/2026 Introduced, referred to House Municipal Government & Housing
Bill Text
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.
(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 impose a sentence not to exceed thirty (30) days in jail and to impose fines not in excess of five hundred dollars ($500), or both. 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 LC003945 - Page 2 of 4 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.
45-2-21.
(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.
(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 impose a sentence not to exceed thirty (30) days in jail and to impose fines not in excess of five hundred dollars ($500), or both. 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 LC003945 - Page 2 of 4 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.