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HB 2357

Contracts; Oklahoma Contracts Act of 2025; effective date.

2025 Regular Session Introduced by Kyle Hilbert

The bill automatically seals eviction records under the act, restricts dissemination, and adds automatic expungement after two years when judgments are satisfied.

Second Reading referred to Rules
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Bill Summary · HB 2357

Summary — HB 2357 (2025): Sealing, Expungement, and Mediation in Eviction Actions

Purpose

HB 2357 creates new confidentiality, expungement, and mediation rules for eviction actions where the underlying rental agreement is governed by the state Residential Landlord and Tenant Act (K.S.A. 58‑2540 et seq.). The bill is intended to limit the collateral consequences of eviction filings for tenants, expand use of mediation, and restrict dissemination of eviction records to tenant‑screening and reporting entities.

Key provisions

  • Automatic sealing on filing: Upon filing an eviction petition covered by the Residential Landlord and Tenant Act, the court must automatically seal the entire court file (pleadings, service proofs, findings, orders, transcripts, exhibits). Sealed files are confidential and not provided to third parties except:
    • the tenant whose file is sealed and any appearance counsel,
    • the court, and
    • the clerk who maintains the record.
  • Conditions for unsealing:
    • Courts generally shall not unseal cases that (a) do not result in judgment, (b) are dismissed (including by mediation agreement), or (c) result in a judgment for the defendant — unless the defendant requests unsealing or parties agree.
    • Courts must unseal when a default judgment or judgment for the plaintiff is entered, except where parties agree to keep sealed or the court finds good cause (e.g., domestic‑violence victim, mutual fault, safety/privacy interests).
  • Automatic expungement:
    • Public/unsealed judgments are automatically expunged two years after the judgment date if the judgment (including monetary awards) is satisfied.
    • If additional judgments occur within that two‑year window, expungement waits until two years after the most recent eligible judgment.
    • Eviction cases with unsatisfied money judgments are not eligible for expungement unless both parties agree (though they may remain sealed).
    • Public housing authorities may request eviction judgment history limited to the prior three years for active applicants in compliance with federal requirements.
  • Restriction on reporting and private enforcement:
    • Consumer reporting agencies, tenant‑screening firms, property managers, landlords and similar entities are prohibited from collecting or disseminating eviction filings subject to automatic sealing.
    • Violations are treated as deceptive or unconscionable acts under the Kansas Consumer Protection Act and permit private enforcement (reference K.S.A. 50‑624, 50‑634, 50‑636).
  • Mediation and continuances:
    • Eviction cases governed by the Residential Landlord and Tenant Act must be referred to mediation unless the court finds mediation would not materially aid the parties.
    • Courts must grant a continuance for participants in mediation.
  • Remote appearances: The bill permits courts to allow defendants to appear by two‑way audiovisual communication in eviction proceedings (noted in the fiscal note).

Who is affected

  • Tenants and landlords in eviction cases involving rental agreements covered by the Residential Landlord and Tenant Act.
  • Tenant‑screening and consumer reporting agencies, property managers and landlords (restrictions on accessing and disseminating sealed records).
  • Courts and district court clerks (additional sealing/unsealing, tracking expungements, scheduling mediation).
  • Office of the Attorney General (expected increase in consumer‑protection complaints and potential litigation).
  • Public housing authorities (limited access per federal law).

Fiscal and administrative impact

  • Kansas Division of the Budget fiscal note (Feb. 24, 2025) projects:
    • Office of the Attorney General: need for 2.00 FTEs and increased expenditures of ~$740,065 in FY2026 and ~$752,069 in FY2027 from the State General Fund (includes 1 AAG, 1 investigator, office costs, and $500,000 potential litigation reserve each year).
    • Judicial Branch: “significant” but unquantified fiscal effect due to manual sealing/unsealing, notices, hearings, and tracking expungements. The Judicial Branch notes ~32,400 eviction filings in 2023–24 and that reprogramming the centralized case management system might be possible but would carry additional unknown costs.
  • Fiscal effects are not included in the FY2026 Governor’s Budget Report.

Legislative status & timeline

  • Filed/Introduced: Feb. 3, 2025.
  • Referred to: House Committee on Judiciary (and briefly to Ways & Means per actions).
  • Committee actions: Hearing on Feb. 10, 2025; considered in public hearing and committee substitute on May 5, 2025; testimony taken; left pending in committee.
  • Statutory amendments: Modifies K.S.A. 61‑3804, 61‑3806, 61‑3807 and K.S.A. 2024 Supp. 60‑2617; creates a new section addressing sealing/expungement and mediation.

Notes

  • The bill includes private remedies under the Kansas Consumer Protection Act for prohibited dissemination of sealed eviction records.
  • Major implementation issues for courts include workload, case‑management automation, and long‑term tracking of expungement eligibility.

Compiled from official sources — confirm details with the bill’s official record.

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