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REFERENCE TITLE: eviction dismissal; sealed records |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2485 |
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Introduced by Representatives Wilmeth: Blackman, Weninger
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AN ACT
amending title 33, chapter 10, article 4, Arizona Revised Statutes, by adding section 33-1379; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 10, article 4, Arizona Revised Statutes, is amended by adding section 33-1379, 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, on the court entering an order that dismisses the action for eviction or that enters judgment in favor of the tenant, the court shall issue an order sealing all records related to the case.
B. the court may 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 or on motion of the tenant and decision by the court, if the court finds that the eviction should be set aside pursuant to the Rules of Procedure for Eviction Actions or the Arizona Rules of Civil Procedure.
C. If the tenant's case records are sealed, the tenant's case records shall be made available to the following:
1. The person whose records are sealed and any attorney who has filed a notice of appearance on behalf of the person whose records are sealed.
2. The court, except that the tenant's sealed 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 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. Applicability
Section 33-1379, Arizona Revised Statutes, as added by this act, applies to a tenant whose case is dismissed or in which judgment is entered in the tenant's favor on or after the effective date of this act.