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 Code of Georgia Annotated,
relating to dispossessory proceedings, so as to provide for a tenant seeking to limit public
access to records of the court relating to dispossessory actions to be sealed under certain
circumstances; to provide for exemptions; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
dispossessory proceedings, is amended by adding a new Code section to read as follows:
<ins>"44-7-60.
(a) When a tenant prevails in a dispossessory action, such tenant may seek to limit public
access to his or her dispossessory action records, and the court may, in its discretion, order
that all records of the court relating to the dispossessory proceeding be sealed and
unavailable to the public.
</ins>
<ins>(b) A tenant who has entered into a settlement agreement with a landlord to resolve a
dispossessory action may petition the court to seal all records of the court relating to the
dispossessory proceeding and made unavailable to the public when:
(1) The tenant meets all conditions of the settlement agreement; or
(2) The landlord receives funds from a local, state, or federal government agency or a
nonprofit agency.
(c) Three years after a dispossessory action concluded, a tenant who did not prevail in such
dispossessory action may petition the court to seal all records of the court relating to the
dispossessory proceeding and made unavailable to the public when:
(1) The dispossessory action occurred during a period of a public health emergency;
(2) Extraordinary hardships beyond the tenant's control resulted in the dispossessory
action; or
(3) No other dispossessory actions are pending against the tenant at the time the petition
is filed.
(d) Within 30 days after the date of filing of the court's order to seal the record of a
dispossessory action, the clerk of the court shall cause every document in connection with
the dispossessory proceeding, physical or electronic, in its custody, possession, or control
of the court to be sealed and made unavailable to the public.
(e) Nothing in this Code section shall prohibit access to the records of the dispossessory
action by the landlord, tenant, or attorney of any party to the original dispossessory action.
(f) A court may permit access to dispossessory action records sealed pursuant to this Code
section, only when such access is for academic purposes including data aggregation or
research."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.