Civil procedure: evictions; court records of summary proceedings; provide for the sealing and expungement of. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5755.
Impact
If passed, SB 801 will change how eviction proceedings are handled in Michigan. The sealing of court records would mean that tenants who vacated prior to proceedings or who have received emergency rental assistance have an opportunity to protect their privacy. Automated expungement will occur two years after a judgment is rendered, thus alleviating the long-term consequences of an eviction mark on an individual's record. This means that individuals who are able to settle their debts or who qualify for assistance can have their records cleared, mitigating stigma and barriers to housing.
Summary
Senate Bill 801, aimed at amending the Revised Judicature Act of 1961, introduces Section 5755, which establishes protocols for sealing and expungement of court records related to eviction proceedings. The bill designates that records can be sealed during summary proceedings if deemed just, favoring privacy over public access. This initiative is particularly relevant in eviction cases, where the stigma associated with being evicted can impact tenants' future housing opportunities. The legislation seeks to balance tenant rights with landlords' ability to act on their properties while ensuring that no unjust actions are taken against tenants based on sealed records.
Contention
While the bill is generally seen as a positive move towards tenant protection, it does prompt discussions surrounding the potential risks for landlords. Critics argue that sealing records could hinder landlords from making informed decisions regarding prospective tenants. They fear that the inability to access records of prior evictions may lead to adverse consequences for property managers and other tenants. However, supporters contend that these measures are necessary to provide second chances for tenants who inadvertently find themselves in difficult situations, especially in a climate where housing insecurity is prevalent.
Civil procedure: evictions; court records of summary proceedings; provide for the sealing and expungement of. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5755.
Civil procedure: evictions; rent abatement remedies and award of attorney fees; modify. Amends secs. 5720, 5741 & 5759 of 1961 PA 236 (MCL 600.5720 et seq.). TIE BAR WITH: HB 5761'24
Civil procedure: other; video recordings of court proceedings; provide for availability and review. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1429.
Housing: landlord and tenants; termination of tenancy; establish grounds of good cause. Amends secs. 3238, 5714, 5735, 5744, 5775 & 5779 of 1961 PA 236 (MCL 600.3238 et seq.).
Civil procedure: evictions; court records of summary proceedings; provide for the sealing and expungement of. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5755.