This story is part of The Salt Lake Tribune’s ongoing commitment to identify solutions to Utah’s biggest challenges through the work of the Innovation Lab.
Securing an affordable rental — even with a solid credit score and full-time job — is a feat.
An eviction on your record can make that almost impossible.
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But a new proposed bill, HB 321 would automatically remove eviction records after 120 days if a tenant has paid their debt to the landlord and the case has been dismissed by a judge.
The bill would expedite a program created during the 2022 legislative session that gave tenants the chance to petition for an eviction expungement and set up an automatic process for erasing evictions for cases that were dismissed or settled. Although housing advocates worried that the process required lengthy paperwork and allowed landlords to veto the expungement without giving a reason, the Utah Investigative Journalism Project and The Tribune previously reported.
HB321 would shorten the timeline for expungement from three years. It has the support of both the Rental Housing Association, which represents landlords and property managers, and the Utah Housing Coalition, an affordable housing organization that also focuses on renter issues.
“There’s no reason that a settled or dismissed eviction should be on someone’s record,” Paul Smith, director of the Rental Housing Association told the House Business and Labor Committee. Of the roughly 8,000 evictions that are filed in Utah each year, Smith said, “4000 are settled or dismissed, meaning the parties agree to part ways amicably and so there’s no reason for those evictions to stay on the record,” Smith said.
“We’re asking for a little bit quicker expungement because most of these people are getting good references from their landlord,” Smith said, “but because of something on their record, they may still not be getting housing.”
Rather than waiting years to finally obtain housing, if HB 321 passed it could be just a few months before an eviction in cases would be cleared.
“I think this is a way that people can gain housing that they can afford,” said Tara Rollins, executive director of the Utah Housing Coalition.
Some lawmakers were uncomfortable with the sped-up expungement, which was initially set at 90 days.
Rep. Walt Brooks, R-St. George, tried to lengthen the timeline before eviction expungement to one year.
“I just feel that 90 days is so short of a time,” Brooks said. “I think expungement people make mistakes and should get on with their lives. I do think three years is too long. But I think one year is appropriate.”
Rep. Marsha Judkins, R-Provo, the bill’s sponsor said she preferred the way the bill was originally written and that 90 days seemed appropriate.
“We do have a crisis right now with people trying to find housing,” Judkins noted.
Ultimately, lawmakers changed the timeline from 90 days to 130 and favorably passed it out of the committee.
Editor’s note Feb. 6, 5:12 pm • This story was updated to clarify the purpose of the Rental Housing Association and the Utah Housing Coalition.
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