24 LC 48 1103
House Bill 1055
By: Representatives Neal of the 79
th
, Taylor of the 173
rd
, Stoner of the 40
th
, and Leverett of
the 123
rd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 44-7-50 of the Official Code of Georgia Annotated, relating to
1
demand for possession, procedure upon a tenant's refusal, and concurrent issuance of federal2
lease termination notice, so as to enact the "Georgia Eviction Records Restriction Act"; to3
provide that certain records of dispossessory actions during the COVID-19 public health4
emergency may be sealed from the public; to provide for procedure; to provide for related5
matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
This Act shall be known and may be cited as the "Georgia Eviction Records Restriction Act."9
SECTION 2.10
Code Section 44-7-50 of the Official Code of Georgia Annotated, relating to demand for11
possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease12
termination notice, is amended by adding two new subsections to read as follows:13
"(c) Upon the filing of a petition, a court of competent jurisdiction shall, in its discretion
14
and on a case-by-case basis, order the sealing of all public records that are in the custody15
H. B. 1055
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of the clerk of court and shall make civil case records permanently unavailable to the public16
in dispossessory actions that took place during the period of the COVID-19 public health17
emergency from March 13, 2020, to May 11, 2023.18
(d) The petition provided for in subsection (c) of this Code section shall be made no earlier19
than 30 days after the court's ruling. A person may have his or her dispossessory record20
sealed after all other conditions of the underlying judgment or settlement are met; provided,21
however, that the court finds that, during the COVID-19 public health emergency from22
March 13, 2020, to May 11, 2023, such person experienced any of the following which23
resulted in the dispossessory action:24
(1) Extraordinary financial and economic hardships beyond such person's control;25
(2) COVID-19 related illness;26
(3) Loss of employment; or27
(4) Inability to obtain certain public benefits that were allocated for renters. If public28
benefits were obtained, such person shall demonstrate that such public benefits were used29
for their intended purpose."30
SECTION 3.31
All laws and parts of laws in conflict with this Act are repealed.32
H. B. 1055
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