Bill Text: AZ HB2837 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Landlord tenant; expunge record
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-02-12 - House read second time [HB2837 Detail]
Download: Arizona-2024-HB2837-Introduced.html
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REFERENCE TITLE: landlord tenant; expunge record |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2837 |
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Introduced by Representatives Aguilar: Austin, Crews, Hernandez L, Ortiz, Villegas
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An Act
amending section 33-1379, Arizona Revised Statutes; amending title 33, chapter 11, article 4, Arizona Revised Statutes, by adding section 33-1486; relating to residential landlords and tenants.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1379, Arizona Revised Statutes, is amended to read:
33-1379. Eviction action; dismissal; sealed records
A. In any action for eviction pursuant to section 33-1368 or 33-1377 or pursuant to a forcible entry and detainer action, the court shall issue an order sealing all records related to the case as follows:
1. On the court entering an order that dismisses the action for eviction prior to before entry of a judgment or that enters judgment in favor of the tenant, the court shall issue an order sealing all records related to the case.
2. for a first-time judgment of eviction against that tenant.
B. The court shall also order the sealing of an eviction case on the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file.
C. If the records in an eviction case court file are sealed, the tenant's case records shall only be made available only to the following:
1. The person whose records are sealed and any party or any attorney who has made an appearance in the case where records are sealed.
2. The court, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.
3. The clerk of the court or any department that is responsible for maintaining records, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.
D. This section applies to all records relating to an action for summary eviction, a forcible entry and detainer action or a special detainer action that are maintained by the court, including the complaint and any other pleadings, proof of service, any findings and orders of the court and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.
Sec. 2. Title 33, chapter 11, article 4, Arizona Revised Statutes, is amended by adding section 33-1486, to read:
33-1486. Eviction action; dismissal; sealed records
A. In any action for eviction pursuant to section 33-1476 or 33-1485 or pursuant to a forcible entry and detainer action, the court shall issue an order sealing all records related to the case as follows:
1. On the court entering an order that dismisses the action for eviction before entry of a judgment or that enters judgment in favor of the tenant.
2. for a first-time judgment of eviction against that tenant.
B. The court shall also order the sealing of an eviction case on the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file.
C. If the records in an eviction case court file are sealed, the tenant's case records shall be made available only to the following:
1. The person whose records are sealed and any party or any attorney who has made an appearance in the case where records are sealed.
2. The court, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.
3. The clerk of the court or any department that is responsible for maintaining records, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.
D. This section applies to all records relating to an action for summary eviction, a forcible entry and detainer action or a special detainer action that are maintained by the court, including the complaint and any other pleadings, proof of service, any findings and orders of the court and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.
