AB 266 — Revises provisions governing the sealing of records relating to evictions. (BDR 3-809)

(ReprintedAssembly withBill amendmentsNo. adopted on April 16, 2019) FIRST REPRINT A.B.

266266–Assemblywoman ABilbray-Axelrod SSEMBLYCHAPTER.......... B ILLN O.

266–A SSEMBLYWOMAN B ILBRAY -AXELROD M ARCH 14, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the sealing of records relating to evictions.

(BDR 3-809) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

or (2) thirty-one days after a tenant files an affidavit to contest the matter, if a landlord failsaffidavit. to file an affidavit of complaint within 30 days after the tenant files the (1) upon a written stipulation between the landlord and the tenant;

orExisting (2)law upontalso authorizes the court to seal an eviction case court file:

motion(1) byupon thea tenant,written ifstipulation thebetween court finds that the evictionlandlord shouldand be set aside pursuant to the Justicetenant; Court Rules of Civil Procedure or that sealing the eviction case court file is in the interests of justice.

(NRSor 40.2545)(2) Thisupon billmotion providesby the tenant, if the court finds that the eviction should be set aside pursuant to the Justice Court Rules of Civil Procedure or that sealing the eviction case court filesfile areis automaticallyin sealed:the interests of justice.

(1)(NRS 40.2545) upon the entry of a court order dismissing the action for summary eviction;

(2) ten judicial days after the entry of a court order which denies the action for summary eviction;

-EXPLANATION *AB266_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 80th Session (2019) – 2 – (a) Upon the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file;

(I)led Circumstancesto the eviction;stances beyond the control of the tenant that led(II) toOther extenuating circumstances under which the eviction;order of eviction was granted;

(II) Other extenuating circumstances under which the order of eviction was granted;

- *AB266_R1* – 3 – (a) Apply to a notice to surrender which has been filed with a court and which is part of an eviction case court file that has not been sealed pursuant to this section.

As used in this section, “eviction case court file” means all records relating to an action for summary eviction which are maintained by the court, including, without limitation, the affidavit of complaint and any other pleadings, proof of service, findings ofitof the court, any order made on motion as provided in Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.

H~~~~~ 19 - *AB266_R1*80th Session (2019)