The bill amends the Revised Judicature Act of 1961 by adding a new section, 5755, which allows courts to seal records of summary proceedings under certain conditions. Specifically, the court may seal records if it determines that doing so serves the interests of justice and does not outweigh the public's right to access the information. The bill outlines various circumstances under which records can be sealed, such as if the premises were sold after foreclosure, if the plaintiff received emergency rental assistance, or if the parties agree to seal the records. Additionally, the court is required to automatically expunge records three years after a judgment for possession becomes final.
Furthermore, the bill establishes procedures for the release of sealed records for scholarly, educational, journalistic, or governmental purposes while ensuring tenant confidentiality. It also allows parties involved in the summary proceedings to access sealed records without needing to unseal them. If a housing provider takes adverse action against a prospective tenant based on sealed records, the tenant may bring a civil action within one year, with potential remedies including actual damages, attorney fees, and equitable relief. The bill defines "adverse action" and clarifies what constitutes "records" within the context of the law.
Statutes affected: Senate Introduced Bill: 600.101, 600.9947