Written by HBA and AAM CEO, Forrest M. Wall, CAE
Eviction Expungement Legislation Introduced
Legislation which would allow eviction expungement under Michigan’s Revised Judicature Act has been introduced in the Michigan Senate. Senate Bill 949 would allow judicial discretion to seal records of summary proceedings if all of the following apply:
- Judgment for possession was entered in the summary proceedings
- Judgment was entered at least 5 years ago
- The court determines that sealing is “clearly in the interests of justice, and that those interests are not outweighed by the public’s interest in knowing about the records”
The bill also allows judicial discretion to seal in cases where a judgment was not entered.
The legislation goes on to provide for mandatory sealing of records in certain situations as follows:
- The property was sold under foreclosure of a mortgage or land contract and the tenant vacated the premises before the summary proceedings were filed, or the tenant did not receive a written demand for possession 90 days or more before summary proceedings were filed
- The plaintiff received money to pay the judgment entered in the summary proceedings, or an amount alleged in the complaint to be owed, that was money from the state funded by federal emergency rental assistance (with the exception of Section 8 or voucher program funds)
The summary proceedings were filed during the state of emergency under Executive Order 2020-04 or any extension of that order.
The legislation has been referred to the Committee on Judiciary and Public Safety for consideration.
Help AAM Make A Difference In Election 2022!
2022 promises to be a very interesting and important election year for Michigan. First, all key leadership posts (Governor, Attorney General, Secretary of State) and legislative offices are up for grabs. Second, to make this election year even more intense, redistricting has altered the landscape of our state legislative and congressional districts. In some cases, incumbents are being pitted against one another under the newly drawn lines. Given all this, your Apartment Association’s role in researching and financially supporting candidates for state office is vitally important to the health of the multifamily rental property industry. One great way you can assist us in this effort is by supporting AAM-PAC. AAM-PAC is the Apartment Association’s political action committee, which utilizes contributions from members and aggregates them into one fund. This fund is used to financially support those candidates who understand the important role of rental housing in Michigan’s economy. In short, we do the legwork for you to find the candidates who will best represent your business, and then support their campaign. Please call Riva Gulli at 248-862-1002 to make your contribution today! AAM-PAC contributions must be made via personal, partnership, LLP, or LLC check or credit cards.