House advances bill to remove certain eviction filings from public indexes after five years; floor fights over landlord protections

Representative Schuessler presented House Bill 42‑70, a revised committee report that relocates eviction-index removal language to the public-records title and would require removal of certain eviction filings, ejectments and satisfied judgments from publicly accessible indices after five years (committee amendment). The bill also sets an effective date, discussed on the floor, of January 1, 2027.

Floor amendments pushed and pulled the policy in different directions. Representative McCabe offered an amendment that would not automatically remove records but would require a petition to seal records after seven years and allow landlords notice and a chance to be heard; he argued the change protects small landlords who generally rely on public records to screen tenants. Supporters of the 5‑year automatic removal said testimony in subcommittee overwhelmingly favored five years, emphasizing the hardship public filings can cause to tenants — including children — and the value of giving people a fresh start.

Debate touched operational details: petition filing fees, potential increases in litigation, the differential ability of large corporate landlords versus mom-and‑pop landlords to access credit reports and screening tools, and whether final writs of eviction should remain public. Several amendments were tabled on roll calls; the House ultimately gave the bill a second reading by roll call, 77–23, and sponsors requested additional time to address technical and fiscal details before final passage.

Members on both sides said they were motivated by compassion and fairness but disagreed about which approach — automatic removal versus petition-based sealing — best balanced tenant privacy and small-landlord risk. Lawmakers asked for fiscal and administrative follow-up to quantify county court filing fees, notice processes and any burden on local election or county clerk systems.