Michigan House Bill HB5755

Michigan 2023-2024 Regular Session

• Introduced: 5/30/24
• Refer: 5/30/24

Caption

Civil procedure: other; sealing court records of evictions; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1429.

Impact

If enacted, this bill would have significant implications for state laws regarding eviction proceedings and the management of court records. By enabling the sealing of records, the bill seeks to address the stigma and barriers that tenants face when eviction records are publicly available. This change is intended to foster greater housing stability and protect vulnerable tenants, especially those who may be struggling financially due to unforeseen hardships such as job loss or medical issues. Advocates for the bill argue that it will help mitigate the long-term consequences of eviction on families and individuals.

Summary

House Bill 5755 is a proposed amendment to the Revised Judicature Act of 1961, specifically adding a new section that allows courts to seal the records of summary proceedings related to evictions under certain circumstances. This legislation aims to protect tenants from the negative impacts of publicly accessible eviction records, which can hinder their ability to secure stable housing in the future. The bill outlines specific criteria under which sealing the records is appropriate, such as cases where the plaintiff's claim lacks merit or where the defendant's financial hardship is evident.

Contention

Notably, the bill has sparked discussions regarding its potential impact on landlords and the greater rental market. Supporters assert that the measure is essential for protecting tenant rights and providing a second chance for those who have faced eviction. However, opponents may raise concerns about the implications for landlords’ ability to make informed decisions regarding tenants and whether it could complicate the enforcement of rental agreements. Balancing tenant protection with landlord interests is likely to be a key area of contention as the bill is reviewed by lawmakers.