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.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill allows for the sealing and expungement of court records from summary eviction proceedings in Michigan. It outlines specific circumstances under which a court can order records to be sealed, such as when the premises were sold after foreclosure or when the plaintiff received rental assistance funds. The bill also establishes a process for expunging these records after a final judgment for possession is entered, and provides a mechanism for releasing sealed records for research or educational purposes while protecting tenant privacy.
Key provisions
- The court can seal summary eviction records if it determines it’s in the interests of justice.
- Records are initially sealed until a judgment for possession is entered.
- Records can be sealed if the premises were sold after foreclosure or land contract forfeiture, and the defendant vacated before filing the case.
- Records may be sealed if the plaintiff received rental assistance funds (excluding those from the tenant-based section 8 program).
- Records can be sealed if the parties agree, or if the defendant fulfilled the judgment terms.
- Records are automatically expunged 3 years after a final judgment for possession.
- A process is established for releasing sealed records for research, with restrictions on disclosing tenant information.
- A prospective tenant can sue a housing provider who bases an adverse action on a knowingly sealed record.
Who is affected
Bill text
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