Bill Summary for H 618 (2021-2022)

Summary date: 

Apr 20 2021

Bill Information:

View NCGA Bill Details2021
House Bill 618 (Public) Filed Tuesday, April 20, 2021
AN ACT TO PROVIDE A PROCESS TO SEAL CERTAIN RECORDS AND PROCEEDINGS FOR SUMMARY EJECTMENT IN RESPONSE TO THE HOUSING INSTABILITY CREATED BY THE COVID-19 PANDEMIC AND TO MAKE DENIAL OF A RENTAL APPLICATION BASED UPON A SEALED RECORD A DISCRIMINATORY PRACTICE UNDER THE FAIR HOUSING ACT.
Intro. by Alston, Autry, Hawkins, Hurtado.

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Bill summary

States legislative findings. 

Directs clerks of superior court to seal the court file for summary ejectment proceedings filed on or after March 10, 2020, except those initiated under Article 7 of GS Chapter 42, Expedited Eviction for Drug Traffickers and Other Criminals. Sunsets this directive 90 days after the expiration or rescission of the Governor's Executive Order No. 116 (2020).

Enacts GS 42-36.4 as follows, effective upon the expiration or rescission of the Governor's Executive Order No. 116 (2020), and applies to summary ejectment proceedings filed before, on, or after that date. Directs clerks of superior court to cause all records of all summary ejectment proceedings to be sealed and removed from publicly accessible records in the following circumstances: (1) after three years from the date the judgement was entered; (2) a pending proceeding where no decision has been entered; (3) a pending proceeding that has been dismissed or where judgement was entered in favor of the respondent tenant; and (4) a proceeding that names a respondent that is under 18. Defines seal or sealed. Clarifies that the statute does not limit the docketing or execution of a judgement for monetary damages in connection with a summary ejectment proceeding filed under GS 42-26. Excludes summary ejectment proceedings filed under Article 7 of GS Chapter 42. Effective upon the expiration or rescission of the Governor's Executive Order No. 116 (2020), and applies to summary ejectment proceedings filed before, on, or after that date.

Expands GS 41A-4, making it an unlawful discriminatory housing practice to deny an applicant on a rental agreement based upon a proceeding for summary ejectment that has been sealed pursuant to GS 42-36.3 (appears to intend new GS 42-46.4). Effective upon the expiration or rescission of the Governor's Executive Order No. 116 (2020), and applies to summary ejectment proceedings filed before, on, or after that date.

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