SB 374

SENATE BILL NO. 374
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 5755.
the people of the state of michigan enact:
Sec. 5755. (1) In
summary proceedings under this chapter or chapter 57a, the court may order that
the records of the summary proceedings be sealed if the court determines that
placing the records under seal is clearly in the interests of justice, and that
those interests are not outweighed by the public's interest in knowing about
the records.
(2) On the commencement of summary proceedings under this chapter or
chapter 57a, the court shall order the court records to be sealed until a
judgment for possession is entered for the plaintiff.
(3) After a judgment for possession is entered for the plaintiff in
summary proceedings under this chapter or chapter 57a, on motion of a defendant
or on the court's own motion, the court may order that the records of the
summary proceeding be sealed if 1 or more of the following apply:
(a) The premises were sold after the foreclosure of a mortgage or land
contract, or if the premises were subject to a land contract forfeiture
judgment entered under this chapter, and the tenancy was terminated because the
defendant continued in possession of the premises after the time allowed by law
for redemption of the premises, and either of the following applies:
(i) The defendant
vacated the premises before the summary proceedings were filed.
(ii) The defendant
did not receive a written demand for possession not less than whichever of the
following applies:
(A) If the premises were sold under the foreclosure of a mortgage or
land contract, 90 days before the summary proceedings were filed.
(B) If the premises were subject to a land contract forfeiture judgment
entered under this chapter, 30 days before the summary proceedings were filed.
(b) The plaintiff received money to pay a judgment entered in the
summary proceedings from this state, the federal government, or a unit of local
government for emergency rental assistance. This subdivision does not apply to
money received under a program implemented by or under 42 USC 1437f, including
the tenant-based section 8 housing choice voucher and the project-based section
8 program.
(c) The summary proceedings were filed under section 5714(1)(a), (c), or
(g) during the state of emergency declared under Executive Order No. 2020-4 or
any extension of that order, including an order issued under section 2253 of
the public health code, 1978 PA 368, MCL 333.2253.
(d) The parties to the summary proceedings have agreed
that the records be sealed.
(e) The defendant fulfilled the terms of the judgment.
(f) The judgment for possession was for nonpayment of rent for a total
amount less than $900.00.
(4) The court shall automatically expunge records of summary proceedings
under this chapter or chapter 57a 3 years after a judgment for
possession entered in the summary proceedings becomes final.
(5) The court may release records sealed under this section for
scholarly, educational, journalistic, or governmental purposes on a balancing of
the interests of the tenant for nondisclosure against the interests of the
requesting party. However, the tenant's name may not be disclosed, and other personally
identifiable information about the tenant, such as the tenant's address, may not
be disclosed unless all of the following apply:
(a) The researcher submits a written request to the court.
(b) The court approves and the researcher executes a written data use
agreement that describes the research project and that complies with subsection
(7).
(c) The court is provided documented procedures of the researcher to
protect the confidentiality and security of the information.
(d) The court is provided documented procedures of the researcher for
data storage and the data destruction method to be used for the information
provided.
(6) On receipt of a request and proof of identity, the court shall
provide copies of any records sealed under this section to 1 or more of the
following, at the court or by an electronic means designated by the court, without
an order unsealing the records and without a showing of need:
(a) A party to the summary proceedings.
(b) The attorney of record for a party.
(c) An attorney authorized to practice law in this state who is
considering commencing representation of a party, if the attorney certifies to
the court's satisfaction that the party has requested the consideration of
representation and has authorized the attorney's access to the sealed records.
(7) An agreement under which personally identifiable information
contained in a court record is disclosed must do all of the following:
(a) Comply with Michigan court rules.
(b) Prohibit the re-release of any personally identifiable information
without explicit permission from the court.
(c) Require that the information be used solely for research or
administrative purposes.
(d) Require that the information be used only for the project described
in the agreement unless the recipient submits a written request with the
description of another research project for which the information will be used
and the court approves the request.
(e) Prohibit the use of the information as a basis for legal,
administrative, or other action that directly affects any individual or
institution identifiable from the information.
(f) State the payment, if any, to be provided by the researcher to the
court for the specified research project.
(g) Require that ownership of information provided under the agreement will
remain with the court, not the researcher or the research project.
(8) If a housing provider intentionally bases an adverse action taken
against a prospective tenant on a court record that the housing provider knows
to be sealed under this section, the prospective tenant may bring a civil
action not later than 1 year after the adverse action. A prospective tenant who
prevails in an action under this section is entitled to all of the following
relief:
(a) Actual damages or $500.00, whichever is greater.
(b) Reasonable attorney fees and costs.
(c) Equitable relief as the court determines is appropriate.
(9) As used in this section:
(a) "Adverse action" means either of the following:
(i) Denial of the
prospective tenant's rental application.
(ii) Approval of the
prospective tenant's rental application, subject to terms or conditions
different and less favorable to the prospective tenant than under an ordinary
approval of a prospective tenant's rental application.
(b) "Records" includes, but is not limited to, any information
contained in the case history or the case file, including the register of
actions, pleadings, orders, and other papers.