SB 5376 adds to the types of information that may not be included in a consumer report (via a consumer reporting agency):
- Eviction records, including records of any civil action for unlawful detainer, forcible detainer, ejectment, or other claim in which the plaintiff seeks to gain or recover possession of residential real property from one or more defendants, if:
- The eviction suit did not result in a judgment finding the prospective tenant liable for unlawful detainer or otherwise in unlawful possession of the premises;
- The tenant was restored to his or her tenancy;
- The judgment reflects a residual amount of rent left owed after the defendant substantially prevailed on any affirmative defense, counterclaim or set-off.
Further, SB 5376 states that a consumer reporting agency shall not include a prospective tenant's involvement in a prior eviction suit in a tenant screening report if the same conditions as above apply. Additionally, landlords shall not fail to renew a tenancy or refuse to enter into a rental agreement with a prospective tenant based on an eviction record if the conditions above apply. And finally, a person injured by a violation of this section may bring a civil action to recover actual damages sustained, court costs, and reasonable attorneys' fees.
As amended by Committee: The bill now states that a consumer reporting agency may not include eviction records in a consumer report or tenant screening report if the eviction suit has been sealed by the court. A landlord may not refuse to rent or renew a rental agreement based on eviction records if the eviction suit has been sealed by the court. Liability provisions are removed.