Delaware Senate Bill SB115

Delaware 2025-2026 Regular Session

• Introduced: 4/28/25
• Introduced: 5/20/25
• Introduced: 6/11/25
• Refer: 4/28/25
• Refer: 5/20/25
• Engrossed: 6/12/25
• Refer: 5/21/25
• Refer: 6/12/25
• Refer: 6/18/25

Caption

An Act To Amend Title 25 Of The Delaware Code Relating To Summary Possession.

Impact

The implications of SB 115 extend beyond mere record-keeping; it intends to facilitate broader social and economic stability for those affected by eviction proceedings. Under the bill, individuals can apply to shield their eviction records after fulfilling specific criteria, including having satisfied any monetary judgment and maintaining a clean record for five years prior to the shielding motion. The shielding process requires no filing fee, and once granted, allows individuals to respond to inquiries about prior evictions as if they never occurred, aiding their housing prospects significantly.

Summary

Senate Bill 115, also known as the Act to Amend Title 25 of the Delaware Code Relating to Summary Possession, proposes a significant change in the way eviction records are handled in the state of Delaware. The primary objective of this bill is to provide a pathway for defendants in eviction actions to have their eviction records shielded from public view, thus helping to mitigate the long-term negative impact of eviction filings on individuals' ability to secure housing. The bill aims to address the barriers that previous eviction records create for individuals, especially marginalized groups, preventing them from accessing stable housing even when the underlying judgments have been resolved favorably for them.

Sentiment

The general sentiment surrounding SB 115 appears to be positive among advocates for social justice and housing security, as it addresses the adverse and lingering effects of eviction records on individuals and families. Supporters argue that the bill represents not only a legal remedy but also a necessary step towards addressing systemic inequalities in housing access. Conversely, there may be concerns among some property owners and landlords about the implications of shielding eviction records, as it could potentially limit their access to historical tenant information that informs rental decisions.

Contention

One notable point of contention in discussions around the bill centers on the balance between enabling individuals to recover from past eviction proceedings and maintaining accountability for tenants who may not fulfill rental agreements. While advocates emphasize the need for protective measures against discrimination linked to eviction histories, critics may highlight the challenges presented by shielding records without sufficient oversight or context. The bill reflects a broader discourse about justice in housing and the state's role in ensuring equitable access to housing opportunities.