The implications of HB 4270 are significant, as it modifies how eviction records are handled, potentially improving the circumstances for tenants faced with eviction lawsuits. By allowing for the removal of records related to evictions that are not formally sanctioned, the bill could alleviate the negative impact that these records have on individuals seeking housing, employment, or public services. The automatic removal of eviction records after six years further supports the long-term privacy rights of individuals affected by eviction proceedings.
Summary
House Bill 4270 aims to amend the South Carolina Code of Laws by introducing Section 60-2-60, which establishes a framework for the removal of certain public records related to eviction filings. Specifically, the bill mandates that any record indicating an eviction has been filed, which does not result in an Order of Eviction or Writ of Ejectment, must be expunged from public records if no formal order is issued within thirty days. This provision is designed to provide defendants with an opportunity to maintain their privacy and prevent stigma associated with eviction filings that do not result in a court ruling.
Contention
While supporters of HB 4270 argue that the legislation is a necessary step towards protecting tenant rights and reducing the negative impacts of public eviction records, opponents may be concerned about the implications for landlords and their ability to make informed decisions regarding prospective tenants. Critics may fear that the removal of such records could shield problematic tenants from scrutiny, potentially leading to increased risks for landlords. The balance between maintaining landlord rights and protecting tenant privacy is a key point of contention surrounding the bill.