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

25 LC 62 0192 House Bill 875 By: Representatives Flournoy of the 74th, Howard of the 129th, Beckles of the 96th, Santos of the 117th, Neal of the 79th, and others A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 7 of Title 44 of the Official Cod e of Georgia Annotated,1 relating to dispossessory proceedings, so as to provide for a t enant seeking to limit public2 access to records of the court relating to dispossessory action s to be sealed under certain3 circumstances; to provide for exemptions; to provide for related matters; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 3 of Chapter 7 of Title 44 of the Official Code of Geor gia Annotated, relating to8 dispossessory proceedings, is amended by adding a new Code section to read as follows:9 "44-7-60.10 (a) When a tenant prevails in a dispossessory action, such tenant may seek to limit public11 access to his or her dispossessory action records, and the court may, in its discretion, order12 that all records of the court relating to the dispossessory pro ceeding be sealed and13 unavailable to the public.14 H. B. 875 - 1 - 25 LC 62 0192 (b) A tenant who has entered into a settlement agreement with a landlord to resolve a15 dispossessory action may petition the court to seal all records of the court relating to the16 dispossessory proceeding and made unavailable to the public when:17 (1) The tenant meets all conditions of the settlement agreement; or18 (2) The landlord receives funds from a local, state, or federa l government agency or a19 nonprofit agency.20 (c) Three years after a dispossessory action concluded, a tenant who did not prevail in such21 dispossessory action may petition the court to seal all records of the court relating to the22 dispossessory proceeding and made unavailable to the public when:23 (1) The dispossessory action occurred during a period of a public health emergency;24 (2) Extraordinary hardships beyond the tenant's control result ed in the dispossessory25 action; or26 (3) No other dispossessory actions are pending against the tenant at the time the petition27 is filed.28 (d) Within 30 days after the date of filing of the court's ord er to seal the record of a29 dispossessory action, the clerk of the court shall cause every document in connection with30 the dispossessory proceeding, physical or electronic, in its custody, possession, or control31 of the court to be sealed and made unavailable to the public.32 (e) Nothing in this Code section shall prohibit access to the records of the dispossessory33 action by the landlord, tenant, or attorney of any party to the original dispossessory action.34 (f) A court may permit access to dispossessory action records sealed pursuant to this Code35 section, only when such access is for academic purposes includi ng data aggregation or36 research."37 SECTION 2.38 All laws and parts of laws in conflict with this Act are repealed. 39 H. B. 875 - 2 -