Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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The Superior Court justice found that “the term ‘protected lawful action’ [was] sufficiently broad as to include [Strashnick’s] action in his defending the previous eviction action and in filing the previous, albeit unsuccessful, counterclaim,” and she rejected Krzak’s narrow definition that attempted to limit “a protected lawful action” to such events as the reporting of a violation of a building or health code. Section 31-44-1(13) defines “protected lawful action” as “any report of a violation of this chapter, or of any applicable building or health code, or any other justified complaint to governmental authority, or any other justified lawful act by a resident or prospective resident.” (Emphasis added.) Given the extensive protection of tenants’ rights in the act and the broadly stated language of the definition, we conclude that a defense of an eviction action or any counterclaim resulting therefrom are clearly among those lawful actions contemplated by the Legislature. See Commercial Union Insurance Co. v. Pelchat, 727 A.2d 676, 681 (R.I.1999) (holding that statutory provisions are examined in their entirety and in contemplation of the Legislature’s intent).

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