515 R.I. Code R. 10-00-2 § 515-RICR-10-00-2 § 2.7
Right to Sue
Operative Text
A. General Right to Sue. A complainant may ask for a right to sue in state court provided that: 1. not less than one hundred and twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge; 2. the Commission has been unable to secure a settlement agreement or conciliation agreement; and 3. the Commission has not commenced hearing on a complaint. B. Issuance of General Right to Sue. The Commission shall issue the right to sue within thirty (30) days after the receipt of such request, which shall terminate all proceedings before the Commission and shall give to the complainant the right to commence suit in the Superior Court as provided in R.I. Gen. Laws § 28-5-28 within ninety 90 days after the issuance of the request. C. Probable Cause Right to Sue. Excluding housing and credit case, any party may elect within twenty (20) days after receipt of a finding of probable cause, to terminate by written notice to the Commission and all parties, all proceedings before the Commission and have the case heard in the Superior Court. If at least one (1) of multiple respondents timely elects, the Commission shall issue a right to sue notice in respect to the entire action. In the event of an election to terminate the proceedings, the Commission shall issue a right to sue notice to the complainant with a copy of such notice sent to all parties. Once a notice of right to sue is issued, the complainant shall have the right to commence suit in the Superior Court within ninety (90) days of the date of the right to sue notice . D. Conciliation After Issuance of a Right to Sue. Notwithstanding the issuance of a right to sue notice to the complainant under this Part, the parties may agree to have the Commission conciliate or mediate settlement of the case.
Section 515-RICR-10-00-2 § 2.7 establishes the circumstances under which a complainant who has filed a charge with the Commission may bypass the administrative process and bring their case directly to Rhode Island Superior Court. A general right to sue becomes available after at least 120 days but no more than two years have passed since the charge was filed, and only if the Commission has not reached a settlement or begun a hearing. A probable cause right to sue is also available in non-housing, non-credit cases, allowing any party to elect within 20 days of a probable cause finding to move the matter to Superior Court, after which the complainant has 90 days from the issuance of the right-to-sue notice to file suit.
Plain English — not legal advice.
Under § 515-RICR-10-00-2 § 2.7, property owners and managers named as respondents in a Commission complaint should be aware that the complainant may request a right to sue in Superior Court under specified timing conditions, or that any party—including a respondent—may elect to move a non-housing, non-credit case to Superior Court within 20 days of a probable cause finding. Compliant operators typically maintain thorough records of all Commission correspondence and deadlines, since the issuance of a right-to-sue notice terminates Commission proceedings and triggers a strict 90-day window for the complainant to file in court. Even after a right-to-sue notice is issued, § 2.7(D) preserves the option for all parties to continue pursuing conciliation or mediation through the Commission.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 515-RICR-10-00-2 § 2.7 gives complainants a pathway to take their case to Rhode Island Superior Court if the Commission has not resolved the matter through settlement or commenced a hearing within the applicable timeframe—generally between 120 days and two years after filing. Once a right-to-sue notice is issued, the complainant has 90 days to commence suit in Superior Court, making it important to understand these deadlines through a tenant-rights organization or legal aid provider familiar with this provision. In non-housing and non-credit cases, § 2.7(C) also allows any party to trigger a move to Superior Court after a probable cause finding, so tenants in those situations may want to understand how that election could affect their case.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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