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REFERENCE TITLE: state emergency; eviction reporting; prohibition |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2358 |
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Introduced by Representatives Ortiz: Contreras P, De Los Santos
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An Act
amending title 12, chapter 8, article 4, Arizona Revised Statutes, by adding section 12-1184; relating to forcible entry and detainer.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 12-1184, to read:
12-1184. Sealing records during a state of emergency; exceptions; rental application notice
A. The clerk of the court shall IMMEDIATELY seal any filing, pleading or judgment in a forcible entry and detainer proceeding that is based on nonpayment of rent or a judgment rendered in a forcible entry and detainer proceeding in favor of the lessor or owner for reasons other than a violation by the lessee or occupant that occurred during the COVID-19 pandemic and declared state of emergency between the dates of March 11, 2020 and June 30, 2023. Except as otherwise provided in this section, these filings, pleadings and judgments shall remain sealed.
B. The clerk of the court shall seal all records at the time of filing to prevent access from public view. This section does not prevent access to the records of a forcible entry and detainer proceeding by the lessor or owner, the lessee or occupant, the attorney or designated representative of the lessor, owner, lessee or occupant or a research entity for data aggregation and research purposes.
C. The clerk of the court and the parties may not disseminate the records pursuant to this section to third parties if any of the following occurs:
1. The proceedings are dismissed before a hearing on the forcible entry and detainer.
2. The court renders judgment in a forcible entry and detainer proceeding in favor of the lessor or owner.
3. The court enters a consent judgment between the parties.
D. An application that is used to screen applicants for housing or credit and that seeks information concerning a previous forcible entry and detainer action or lessor action of the applicant shall include the following statement:
An applicant for housing or credit with a sealed record pursuant to section 12-1184, Arizona Revised Statutes, on file with the court in a forcible entry and detainer action or lessor action may answer "no record" to an inquiry relative to that sealed court record.