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Minutes for HB2357 - Committee on Judiciary
Short Title
Providing for sealing and expungement of court records in eviction actions where the underlying rental agreement is governed by the residential landlord and tenant act and requiring mediation in such eviction cases unless the court finds that mediation would not aid the parties materially.
Minutes Content for Mon, Feb 10, 2025
Chair Humphries opened the hearing on HB2357. Jason Thompson, Office of Revisor of Statutes, presented the Bill Brief. (Attachment 9)
Marissa Bayless, Special Counsel to the Chief Justice offered neutral testimony on the bill. Ms. Bayless said the Office of Judicial Administration greatly supports eviction mediation and resolution programs. However, the unsealing process outlined in this bill is complex as are the automated expungement components of the bill. They are also concerned with the requirements in this bill, that as currently written, could place a large burden on courts and staff to manually track eviction cases for different outcomes for many years to come. (Attachment 10)
Representative Leah Howell testified in support of the bill. She said the bill is aimed at making the eviction process fairer, more accurate, and less damaging for tenants while still ensuring property owners have access to necessary legal remedies. The bill introduces common sense reforms that will improve housing stability, economic security and community well being in Kansas. (Attachment 11)
Christina Ashie Guidry testified as proponent of the bill on behalf of United Community Services. She said this bill provides common sense steps to reduce the unintended consequences of evictions and supports healthy communities. (Attachment 12)
Rabbi Moti Reiber, Executive Director of Kansas Interfaith Action testified in support of the bill. He said many churches become first responders to homelessness cases. This bill responds to this need. A major factor in keeping people from being able to rent a home is a previous delinquency, especially an eviction on their record. In Kansas these evictions stay on someone's record forever. This bill would help resolve that. (Attachment 13)
Megan Foreman, Housing Coordinator with Johnson County Government testified in support of the bill. She said that beginning in September of 2023, the county partnered with the 10th Judicial District Court to support the eviction mediation pilot. Her comments focused on the data and the feedback collected in that program. She said the bottom line was that it was very successful in resolving the issues surrounding eviction, including making sure landlords were fairly compensated and regained control of their properties while also maintaining the tenant's ability to have stable housing in the future. (Attachment 14)
Mike Hoheisel, City of Wichita Council member testified in support of the bill. He talked about a situation that occurred about two years ago with the Emory Garden apartment complex that was notorious for code violations. Many people were evicted, perhaps illegally, and now have to deal with problems of the lifelong eviction record. He said this law is a good step towards addressing retaliatory evictions. (Attachment 15)
Written only proponent testimony was submitted by:
- Dalton Glassock, Council Member, City of Wichita (Attachment 16)
- Marilyn Harp, Private Citizen (Attachment 17)
- Dustin Hare, Economic Security Policy Advisor, Kansas Action for Children (Attachment 18)
- Brandon Johnson, Council Member, City of Wichita (Attachment 19)
- Jonathan Smith, Executive Director, Lawrence-Douglas County Public Health (Attachment 20)
- Matthew Kleinmann, Private Citizen (Attachment 21)
- Casey Johnson, Director of Advocacy and Litigation, Kansas Legal Services, Inc. (Attachment 22)
- Nathan Madden, Impact Strategist, Health Forward Foundation (Attachment 23)
Chair Humphries closed the hearing on HB2357 at 5:00 PM.
