KS
Kansas House Bill HB2357

Kansas 2025-2026 Regular Session

Kansas House Bill HB2357 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2357
33 By Committee on Judiciary
44 Requested by Representatives Howerton and Howell
55 2-7
66 AN ACT concerning housing; providing that court records in eviction
77 actions where the underlying rental agreement is governed by the
88 residential landlord and tenant act shall be sealed for certain periods;
99 requiring expungement of certain court records of such eviction
1010 actions; providing that certain violations of this act constitute
1111 unconscionable acts or practices under the provisions of the Kansas
1212 consumer protection act; requiring mediation in eviction actions where
1313 the underlying rental agreement is governed by the residential landlord
1414 and tenant act unless the court finds that mediation would not aid the
1515 parties materially; amending K.S.A. 61-3804 and 61-3806 and K.S.A.
1616 2024 Supp. 60-2617 and 61-3807 and repealing the existing sections.
1717 Be it enacted by the Legislature of the State of Kansas:
1818 New Section 1. (a) Upon the filing of a petition for eviction pursuant
1919 to K.S.A. 61-3801 et seq., and amendments thereto, where the underlying
2020 rental agreement is governed by K.S.A. 58-2540 et seq., and amendments
2121 thereto, the court shall automatically seal the court file, including the
2222 petition commencing the action and any other pleadings, proof of service,
2323 any findings and orders of the court and all other papers, records,
2424 proceedings and evidence, including exhibits and transcripts of the
2525 testimony. Such filings and the allegations in the filings shall be
2626 confidential and shall not be disclosed to any person except as provided by
2727 this section. Upon the sealing of the court file, the case records and any
2828 information concerning the case shall not be made available or transferred
2929 to any third party and shall only be available to the following persons:
3030 (1) The tenant whose court file is sealed and any party or attorney
3131 who has made an appearance in the case;
3232 (2) the court; and
3333 (3) the clerk of the court responsible for maintaining records.
3434 (b) (1) Except as provided in paragraph (2), the court shall not unseal
3535 a case that is sealed pursuant to this section if the case:
3636 (A) Does not result in a judgment;
3737 (B) is dismissed, including, but not limited to, dismissal pursuant to a
3838 mediation agreement or agreement between the plaintiff and defendant; or
3939 (C) results in a judgment entered in favor of the defendant.
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7575 (2) The court may unseal a case that is sealed pursuant to this section
7676 if the defendant requests unsealing or the plaintiff and defendant agree to
7777 unsealing.
7878 (c) (1) Except as provided in paragraph (2), the court shall unseal a
7979 case that is sealed pursuant to this section if a default judgment or
8080 judgment is entered in favor of the plaintiff.
8181 (2) The court shall not unseal a case described in paragraph (1) if:
8282 (A) The plaintiff and defendant agree to keep the case sealed;
8383 (B) the court finds good cause or that it is in the best interest of
8484 justice to keep the case sealed. Good cause includes, but is not limited to:
8585 (i) A tenant who is a victim of domestic violence;
8686 (ii) fault by both the plaintiff and defendant; or
8787 (iii) any other identified safety, property or privacy interest.
8888 (d) (1) A consumer reporting agency, tenant screening agency,
8989 property management company, landlord or those standing in the position
9090 of property management shall not collect or disseminate, cause to be
9191 disseminated or permit the dissemination of any eviction filing or eviction
9292 case information that is subject to automatic sealing by the court pursuant
9393 to this section.
9494 (2) Any violation of this subsection shall be deemed to be a deceptive
9595 or unconscionable act or practice under the provisions of the Kansas
9696 consumer protection act and shall be subject to the remedies and
9797 enforcement provisions of the Kansas consumer protection act. Any person
9898 alleging a violation of this subsection may bring a private action to seek
9999 relief pursuant to K.S.A. 50-634 or 50-636, and amendments thereto, and
100100 such person shall be considered a consumer pursuant to K.S.A. 50-624,
101101 and amendments thereto, for the purposes of such private action. The
102102 requirements and remedies of this subsection are in addition to and not in
103103 substitution for any other requirements and remedies provided by law.
104104 (e) (1) Except as otherwise provided in this subsection, an unsealed
105105 or public record of default judgment or judgment in an eviction action
106106 where the underlying rental agreement is governed by K.S.A. 58-2540 et
107107 seq., and amendments thereto, shall be automatically expunged if the
108108 judgment, including a monetary award, if any, is satisfied and two years
109109 have passed from the date of judgment.
110110 (2) If a tenant has an additional judgment entered in an eviction
111111 action where the underlying rental agreement is governed by K.S.A. 58-
112112 2540 et seq., and amendments thereto, within the two-year period
113113 described in paragraph (1), the preceding judgment shall not be expunged
114114 until the ensuing judgment is eligible for automatic expungement at two
115115 years after the most recent judgment.
116116 (3) In accordance with federal law and requirements, a public housing
117117 authority may request access to eviction judgment history for the past
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161161 three-year period for active applicants for federal housing assistance.
162162 (4) An eviction action where the underlying rental agreement is
163163 governed by K.S.A. 58-2540 et seq., and amendments thereto, in which the
164164 defendant has an unsatisfied money judgment shall not be expunged unless
165165 the defendant and the plaintiff agree to such expungement, but the case
166166 may remain sealed as provided in subsection (c)(2).
167167 Sec. 2. K.S.A. 2024 Supp. 60-2617 is hereby amended to read as
168168 follows: 60-2617. (a) In a civil or criminal case, the court, upon the court's
169169 own motion, may hold a hearing or any party may request a hearing to seal
170170 or redact the court records or to close a court proceeding. Reasonable
171171 notice of a hearing to seal or redact court records or to close a court
172172 proceeding shall be given to all parties in the case. In a criminal case,
173173 reasonable notice of a hearing to seal or redact court records or to close a
174174 court proceeding shall also be given to the victim, if ascertainable.
175175 (b) After the hearing, the court may order the court files and records
176176 in the proceeding, or any part thereof, to be sealed or redacted or the court
177177 proceeding closed. If the court grants such an order, before closing
178178 proceedings or granting leave to file under seal, the court shall make and
179179 enter a written finding of good cause.
180180 (c) In granting the order, the court shall recognize that the public has
181181 a paramount interest in all that occurs in a case, whether at trial or during
182182 discovery and in understanding disputes that are presented to a public
183183 forum for resolution.
184184 (d) Good cause to close a proceeding or seal or redact records,
185185 whether upon the motion of a party, or on the court's own motion, does not
186186 exist unless the court makes a finding on the record that there exists an
187187 identified safety, property or privacy interest of a litigant or a public or
188188 private harm that predominates the case and such interest or harm
189189 outweighs the strong public interest in access to the court record and
190190 proceedings.
191191 (e) Agreement of the parties shall be considered by the court but shall
192192 not constitute the sole basis for the sealing or redaction of court records or
193193 for closing the court proceeding.
194194 (f) The provisions of this section shall not apply to proceedings under
195195 the revised Kansas code for care of children, K.S.A. 38-2201 et seq., and
196196 amendments thereto, the revised Kansas juvenile justice code, K.S.A. 38-
197197 2301 et seq., and amendments thereto, the Kansas adoption and
198198 relinquishment act, K.S.A. 59-2111 et seq., and amendments thereto,
199199 eviction actions pursuant to K.S.A. 61-3801 et seq., where the underlying
200200 rental agreement is governed by K.S.A. 58-2540 et seq., and amendments
201201 thereto, and section 1, and amendments thereto, to supreme court rules
202202 which allow motions, briefs, opinions and orders of the court to identify
203203 parties by initials or by familial relationship or to supreme court rules
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247247 which require appellate court deliberations to be kept in strict confidence.
248248 Nothing in this section shall be construed to prohibit the issuance of a
249249 protective order pursuant to subsection (c) of K.S.A. 60-226(c), and
250250 amendments thereto.
251251 (g) The provisions of this section shall not preclude a court from
252252 allowing a settlement which includes a confidentiality clause to be filed
253253 under seal where the interests of justice would be served by such
254254 settlement being filed under seal.
255255 Sec. 3. K.S.A. 61-3804 is hereby amended to read as follows: 61-
256256 3804. (a) The petition shall describe the premises for which possession is
257257 sought and why the plaintiff is seeking possession. If there is rent due for
258258 possession of the premises, the petition may include a request for
259259 judgment for that amount or the plaintiff may bring a subsequent lawsuit
260260 for that amount.
261261 (b) In an action where the underlying rental agreement is governed
262262 by K.S.A. 58-2540 et seq., and amendments thereto, the petition, court
263263 records and file shall be sealed as provided by section 1, and amendments
264264 thereto.
265265 Sec. 4. K.S.A. 61-3806 is hereby amended to read as follows: 61-
266266 3806. (a) Except as provided in subsection (c), a defendant shall either
267267 appear in person or by counsel at the time and date set forth in the
268268 summons or file on or before such date a written answer.
269269 (b) The answer, when filed, shall contain the information as required
270270 under subsection (b) of K.S.A. 61-2904(b), and amendments thereto.
271271 (c) In an action where the underlying rental agreement is governed
272272 by K.S.A. 58-2540 et seq., and amendments thereto, the court shall:
273273 (1) Allow the defendant to appear by two-way electronic audio-video
274274 communication between the defendant and the judge in lieu of personal
275275 presence of the defendant; and
276276 (2) order mediation unless the court finds that mediation would not
277277 aid the parties materially.
278278 Sec. 5. K.S.A. 2024 Supp. 61-3807 is hereby amended to read as
279279 follows: 61-3807. (a) If a trial is necessary, the trial shall be conducted
280280 within 14 days after the appearance date stated in the summons.
281281 (b) (1) Except as provided in paragraph (2), no continuance shall be
282282 granted unless the defendant requesting a continuance shall file a bond
283283 with good and sufficient security approved by the court, conditioned for
284284 the payment of all damages and rent that may accrue if judgment is entered
285285 against the defendant.
286286 (2) In an action where the underlying rental agreement is governed
287287 by K.S.A. 58-2540 et seq., and amendments thereto, the court shall order a
288288 continuance if the parties are participating in mediation.
289289 Sec. 6. K.S.A. 61-3804 and 61-3806 and K.S.A. 2024 Supp. 60-2617
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333333 and 61-3807 are hereby repealed.
334334 Sec. 7. This act shall take effect and be in force from and after its
335335 publication in the statute book.
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