States Hide Eviction Records, Upsetting Landlords

The expiration of pandemic-era tenant protections has led to a dramatic increase in rents and eviction filings, with some US cities experiencing surges over 50% higher than pre-pandemic levels. These filings can have far-reaching consequences for tenants; simply being named in an eviction complaint, regardless of the outcome, can significantly limit future housing options and perpetuate housing insecurity. 
 
This situation is fueling a growing debate across the country: Should eviction records be made inaccessible to the public in order to give tenants a better chance at securing another home? More states are beginning to answer this question with a resounding "yes,"  at least under certain circumstances. 
 
Eviction filings are publicly accessible court records. Landlords and property owners often purchase databases containing these records as part of their tenant screening process. However, critics argue that such data, predominantly comprised of nonpayment-of-rent cases, does not provide sufficient insights into rental history but instead unfairly obstructs renters from accessing future housing since many filings do not result in actual evictions. 
 
Katie Fallon, principal policy associate with the Urban Institute, points out that an eviction filing alone doesn't provide enough information about whether or not a tenant will fulfill their next lease agreement's obligations. She further argues that given how inaccurate these files often are, it’s questionable what useful information they actually offer landlords. 
 
Several states, including Idaho, Maryland, and Massachusetts, have recently enacted laws designed to seal particular types of eviction records from public view and make them inaccessible by tenant screening companies. Similar laws were passed last year by Connecticut and Rhode Island, while Arizona now requires courts to seal all dismissed or dropped cases or those ruled in favor of the tenant starting from 2022 onwards. 
 
In total, there are now 17 states plus Washington, D.C., that have implemented measures sealing some types of eviction records, according to the to the PolicyLink research group focused on housing issues nationally. 
 
Zafar Shah from Maryland Legal Aid explains lawmakers increasingly understand how damaging access to eviction records can be when tenants are seeking new homes. He points out that some clients knowingly pursue cases they will lose but hope to shield this information from future housing providers. 
 
Eviction filings can be resolved in various ways; a case may be dismissed if an agreement is reached between landlord and tenant; the judge may rule in favor of the tenant, allowing them to stay, or alternatively side with the landlord, leading to eviction. Regardless of outcome, these records remain accessible online even though third-party screening companies often provide inaccurate and misleading data that landlords use for leasing decisions. 
 
Alexandra Alvarado from the American Apartment Owners Association explains their database only displays evictions where there was a completed judgment within seven years prior, as per federal Fair Credit Reporting Act stipulations. However, any such record severely impacts single mothers like Shuntera Brown, who lost her home last year despite usually paying rent on time. She describes having an eviction on file as akin to wearing a "Scarlet 'E.". 
 
The laws vary by state regarding sealing of records; many allow immediate sealing upon dismissal or dropping of cases, while others impose a waiting period during which good behavior must be demonstrated before sealing occurs. 
 
While researchers at Eviction Lab believe access should still be provided for scientific purposes, they also acknowledge that a balance needs to be achieved between protecting tenants’ interests and understanding wider issues relating to the ongoing housing crisis.