HB875: HB875 Property; tenant seeking to limit public access to records of the court relating to dispossessory actions to be sealed under certain circumstances; provide

Right now, Georgia court records of eviction cases, known legally as dispossessory actions, generally stay open to the public even if the tenant wins or the case is resolved. This bill adds a new section to Georgia's landlord-tenant law (O.C.G.A. Title 44, Chapter 7) letting tenants ask a judge to seal those records so the public can't see them. A tenant who wins the case outright can ask a judge to seal the records, at the judge's discretion. A tenant who settles with the landlord can petition to seal the records if they meet the settlement terms, or if the landlord got government or nonprofit funding. A tenant who lost the case can wait three years and then petition to seal the records if the case happened during a public health emergency, resulted from hardship beyond their control, or if they have no other pending eviction cases. Once a judge orders records sealed, the court clerk has 30 days to seal every related document. Landlords, tenants, and their attorneys can still see the sealed records, and courts can allow access for academic research.

• Creates a new Georgia Code section allowing tenants who win a dispossessory (eviction) case to ask a judge to seal the court records from public view.
• Allows tenants who settled an eviction case to petition to seal records if they met the settlement terms or if the landlord received government or nonprofit funding.
• Lets tenants who lost an eviction case petition, three years later, to seal records if the case involved a public health emergency, extraordinary hardship, or no other pending eviction cases.
• Requires court clerks to seal all physical and electronic documents related to a case within 30 days of a sealing order.
• Preserves access to sealed records for the landlord, tenant, or their attorneys, and allows courts to permit access for academic research or data aggregation.

The bill directly affects tenants involved in eviction cases in Georgia courts, landlords who filed those cases, court clerks who manage case records, and judges who decide whether to seal records. Researchers and academics who study eviction data are also affected through the research access exemption.

Eviction records can follow tenants for years, making it harder to rent again even after winning a case or resolving it through settlement. By allowing certain records to be sealed, the bill could change what shows up when landlords or others check a tenant's rental history in Georgia.

• Section 1 adds new Code section 44-7-60, giving courts discretion to seal records when a tenant prevails in a dispossessory action.
• Subsection (b) allows tenants who settled a case to petition for sealing if they met settlement terms or if the landlord received government or nonprofit funds.
• Subsection (c) allows tenants who lost a case to petition after three years if the case involved a public health emergency, extraordinary hardship, or no other pending evictions against them.
• Subsection (d) requires the court clerk to seal all related documents, physical or electronic, within 30 days of a sealing order.
• Subsection (e) preserves access to sealed records for the landlord, tenant, or an attorney involved in the original case.
• Subsection (f) allows courts to permit access to sealed records for academic purposes, including research and data aggregation.
• Section 2 repeals conflicting laws.

1. 2025-04-02House Second Readers (House)
2. 2025-03-31House First Readers (House)
3. 2025-03-28House Hopper (House)

• Robert Flournoy (D, HD-074)Primary sponsor
• Karlton Howard (D, HD-129)
• Arlene Beckles (D, HD-096)
• Mary Ann Santos (D, HD-117)
• Yasmin Neal (D, HD-079)
• Spencer Frye (D, HD-122)

• eviction records
• tenant rights
• court records access
• landlord-tenant law
• housing