(a)  Any resident of a mobile and manufactured housing park or any owner of a mobile and manufactured housing park may petition the director by filing a complaint with the department of business regulation. After review of the claim and a decision by the director that the matter has merit and is not frivolous, the director shall schedule a hearing within sixty (60) days from receipt of the claim. If the director finds the claim to be without merit or to be frivolous, the director shall dismiss the complaint and explain in writing to the complainant his or her reasons for dismissing the complaint.

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Terms Used In Rhode Island General Laws 31-44-17

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of business regulation. See Rhode Island General Laws 31-44-1
  • Director: means the director of the department of business regulation. See Rhode Island General Laws 31-44-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Owner: means a licensee or permittee or any person who owns, operates, or maintains a mobile- and manufactured-home park. See Rhode Island General Laws 31-44-1
  • park: means a plot of ground upon which four (4) or more mobile and manufactured homes, occupied for residential purposes are located. See Rhode Island General Laws 31-44-1
  • Resident: means an owner or renter occupying a mobile and manufactured home in a mobile- and manufactured-home park with the consent of the owner as defined in subdivision (11) of this section. See Rhode Island General Laws 31-44-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b)  The director, or his or her agent, shall serve notice, in writing, of the time and place of the hearing upon all appropriate parties at least twenty (20) days prior to the date of the hearing. Both parties to the complaint may be represented by counsel.

(c)  The director, or his or her agent, shall not be bound by common law or statutory rules of evidence but may admit all testimony having a reasonable probative value. Complaints filed shall be handled in accordance with the departments’ rules of practice and the administrative procedures act, chapter 35 of Title 42. It may exclude evidence which, in the opinion of the director or his or her agent, is immaterial, irrelevant, or unduly repetitious.

History of Section.
P.L. 1996, ch. 94, § 1; P.L. 1999, ch. 248, § 1; P.L. 2018, ch. 176, § 17; P.L. 2018, ch. 289, § 17.