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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Pendarvis, Robinson, Cobb-Hunter, Matthews, Henegan, McDaniel and Henderson-Myers
Document Path: l:\council\bills\agm\19807cz21.docx
Introduced in the House on January 12, 2021
Currently residing in the House Committee on Labor, Commerce and Industry
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2020 House Prefiled 12/9/2020 House Referred to Committee on Labor, Commerce and Industry 1/12/2021 House Introduced and read first time (House Journal-page 59) 1/12/2021 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 59) 2/23/2021 House Member(s) request name added as sponsor: Matthews 4/14/2021 House Member(s) request name added as sponsor: Henegan, McDaniel, Henderson-Myers
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-670 SO AS TO PROVIDE THAT A TENANT MAY APPLY TO HAVE AN EVICTION ORDER SET ASIDE AND THE COURT RECORDS SEALED UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 1, Article 7, Chapter 40, Title 27 of the 1976 Code is amended by adding:
"Section 27-40-670. (A) A tenant who was a defendant in an eviction action may file a motion in the court where judgment was entered for an order setting aside the judgment and placing the official record of the proceeding under seal. The court shall grant the motion if the judgment:
(1) ordered the payment of rent, damages, or both, and the tenant has satisfied the requirements of the judgment; or
(2) as a judgment of dismissal was entered in the tenant's favor.
(B) The tenant must provide written notice and a copy of the motion filed to the landlord. The landlord may file a written objection within thirty days of receiving the notice, and the court must schedule a hearing if an objection is filed.
(C) If no objection is filed or the court determines that the applicant meets the eligibility requirements of subsection (A), the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action. Upon entry of the order, the judgment is deemed to have not been entered.
(D) A filing fee may not be charged for the filing of a motion pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on April 14, 2021 at 12:45 PM