The bill amends the Revised Judicature Act of 1961 by adding Section 5755, which allows courts to seal records of summary proceedings if it serves the interests of justice and does not outweigh public interest. It mandates that records be sealed at the commencement of summary proceedings until a judgment for possession is entered. After such a judgment, the court may seal the records based on specific conditions, including circumstances related to foreclosure, emergency rental assistance, or agreements between parties. Additionally, the court is required to automatically expunge records three years after a judgment becomes final.
The bill also outlines the process for releasing sealed records for scholarly, educational, or governmental purposes while ensuring tenant confidentiality. It establishes that parties involved in summary proceedings can access sealed records without needing to unseal them. Furthermore, it provides a mechanism for prospective tenants to seek civil action if they face adverse actions based on sealed records, allowing for potential damages and attorney fees. The bill emphasizes the protection of personally identifiable information and sets forth conditions for its disclosure in research contexts.
Statutes affected: Senate Introduced Bill: 600.101, 600.9947