Bill Summaries: H789 EVICTION RECORD EXPUNCTION ACT.

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  • Summary date: Apr 20 2023 - View Summary

    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.