Bill Status of HB2299 101st General Assembly
Short Description: EVICTION-SEAL & IMPOUND FILE
Rep. Delia C. Ramirez - Theresa Mah - Justin Slaughter - Carol Ammons - Emanuel Chris Welch, Anne Stava-Murray, Nicholas K. Smith, Elizabeth Hernandez, Sonya M. Harper, Camille Y. Lilly, Jaime M. Andrade, Jr., Marcus C. Evans, Jr., William Davis, Lindsey LaPointe and Michelle Mussman
| 1/13/2021||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Eviction Article of the Code of Civil Procedure. Provides that upon the filing of an eviction action, the clerk of the circuit court shall immediately impound the court file unless: the tenancy is commercial; or the property the plaintiff seeks possession of is a condominium unit and at least one of the defendants named is the unit owner. Provides that the court shall make specific findings when an eviction order is entered against a defendant. Provides that the court may order a court file in an eviction be or remain impounded (rather than placed under seal) when the interests of justice outweigh the interests of the government and the public in maintaining a public record of the case (rather than clearly in the interests of justice and those interests are not outweighed by the public's interest in knowing about the record). Provides that a court file shall be impounded: (1) in any case not resulting in an eviction order entered in favor of the plaintiff; (2) in a foreclosure-related eviction action; (3) in a not-for-cause eviction action; or (4) if the parties to the eviction action so agree. Provides factors that the court shall consider in determining whether to grant or deny a motion or petition to impound or unimpound a court file. Provides that the clerk of the circuit court shall automatically seal an eviction action no later than 5 years after a plaintiff's initial filing. Provides that a person shall not disseminate any information contained in a sealed or impounded court file. Provides that a consumer reporting agency shall not disclose the existence of a sealed or impounded eviction action in a consumer report or use an eviction action as a factor to determination a score or recommendation to be included in a consumer report pertaining to a person for whom dissemination has been prohibited. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.