Guideline 10

Guideline 9 | Table of Contents  |  END

A court that hears eviction cases should automatically seal the names of defendants before a final judgment and in dismissed cases, and courts should have practical procedures for sealing or otherwise protecting the privacy of defendants where other good cause exists.

Commentary:

Several jurisdictions have enabled the sealing of eviction records, in recognition that being associated with an existing eviction court record can devastate a person's ability to obtain rental housing in the future. Even when an eviction case is dismissed, the mere record of the case filing - whether in public record or on a credit report - often results in denial of a rental housing application. Many landlords automatically decline rental housing to applicants with records of being sued for eviction - even if the cases were dismissed or otherwise resolved in favor of the tenant - and substantially all landlords treat such applicants less favorably. This practice incentivizes tenants to move out before an eviction case is filed, even when tenants have meritorious defenses - a dynamic that undermines the fundamental legitimacy of the judicial forum. A tenant's inability to secure new rental housing with an eviction case record can also complicate settlement efforts. Because a disproportionate number of eviction filings are levied against Black renters, the barrier created by an eviction case filing has a disproportionate effect on Black women.

Courts have begun to mitigate these problems by establishing procedures for eviction defendants to seal their names, so as to avoid being denied housing or other long-term consequence because of a filed case. The efficacy of this approach is limited where the records are not sealed until after they are released to the public, hence where permissible under state open court rules eviction cases should be filed under seal and remain sealed unless and until the landlord prevails in a final judgement. Post-judgement sealing should be available when tenants can demonstrate good cause such as when the petitioner is a survivor of domestic or sexual violence and the eviction stems from that violence.