Eviction Record Sealing Authority Amendment Act of 2019
FOR IMMEDIATE RELEASE
June 18, 2019
Communications Director: Kelly Whittier
Eviction Record Sealing Authority Amendment Act of 2019
Bill to provide relief to tenants experiencing housing discrimination based on previous evictions records
WASHINGTON, D.C. –Today, June 18th, Councilmember Mary M. Cheh (D-Ward 3) re-introduced the “Eviction Record Sealing Authority Amendment Act of 2019” to create a process for when and how District courts may seal eviction records. District law does not currently provide for any eviction records to be sealed or expunged, even those made in error or found groundless by a court, and, as such, these records follow a tenant indefinitely.
“Eviction records can and do have a lasting, dramatic impact on a tenant’s ability to find housing, often exacerbating the financial problems that led to the tenant being evicted from their previous residence. Even when an eviction was baseless or made in error, those tenants have no recourse or avenue for relief to have that record wiped clean, even where they did everything right. As you can imagine, the harm caused by these permanent records is particularly acute for low income residents and those who have experienced homelessness,” said Councilmember Cheh.
The “Eviction Record Sealing Authority Amendment Act of 2019” does the following:
- Permits the District courts to seal eviction records;
- Provides the courts with a framework for when a record must be sealed and when it can be sealed at the discretion of the court;
- Mandates that the court seal all eviction records after three years;
- Amends the District’s Human Rights Act to prohibit discrimination in housing based on a person having a sealed eviction record; and
- Prohibits conditioning real estate transactions, such as entering into a lease with a tenant, on disclosure of a sealed eviction record.
“This legislation will provide long-needed relief to tenants throughout the District, helping ensure that eviction records no longer hamper tenants’ ability to secure safe, affordable housing. It will provide the Court with the flexibility to seal eviction records, where appropriate, and ensures that a one-time mistake does not follow – and harm – a tenant for the rest of their lives,” said Councilmember Cheh.
Councilmembers Allen, Bonds, Todd, Nadeau, Silverman, and Grosso joined Councilmember Cheh as co-introducers. A copy of the legislation is attached.
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