Enacts GS 42-36.4 to require clerks of superior court to cause all records of summary ejectment proceedings to be "sealed," as defined, and removed from publicly accessible records. Applies to records kept for three years after entry of the judgement; pending proceedings with no entry of judgment; proceedings dismissed or where judgement was entered for the respondent tenant; and proceedings that name a respondent under age 18. Specifies that the provisions do not affect the docketing or execution of a judgement for monetary damages related to summary ejectment proceedings filed under GS 42-26 on grounds of tenant holdover. Excludes summary ejectment proceeding filed under Article 7 relating to expedited eviction due to certain criminal activity at the residence. Effective October 1, 2023, and applies to proceedings initiated on or after that date.
Enacts GS 41A-4(h), making it an unlawful discriminatory housing practice to deny an applicant a rental agreement based on a sealed summary ejectment proceeding.
EVICTION RECORD EXPUNCTION ACT.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO PROVIDE FOR THE SEALING OF CERTAIN SUMMARY EJECTMENT RECORDS AND PROCEEDINGS FROM PUBLIC RECORDS AND TO MAKE DENIAL OF A RENTAL APPLICATION BASED ON CERTAIN SEALED RECORDS A DISCRIMINATORY HOUSING PRACTICE UNDER THE FAIR HOUSING ACT.Intro. by A. Baker.
Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 19 2023)
Bill History:
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Tue, 18 Apr 2023 House: Filed
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Wed, 19 Apr 2023 House: Passed 1st Reading
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Wed, 19 Apr 2023 House: Ref To Com On Rules, Calendar, and Operations of the House
H 789
Bill Summaries:
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Bill H 789 (2023-2024)Summary date: Apr 20 2023 - View Summary
View: All Summaries for Bill