Delaware General Assembly

Senate Housing & Land Use 4/28/25

Awaiting consideration in Committee

4/28/25

Lockman

Rep. K. Johnson

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.

This Act provides a pathway for former defendants in eviction actions to have the eviction filings against them expunged. Being the subject of an eviction filing can prevent an individual from securing housing for years after any judgement in the case has been satisfied. Even tenants who prevailed in eviction actions may be denied housing by landlords who turn away any applicant with a prior eviction filing, regardless of the outcome of the case. The well-known health, social, and economic consequences of eviction thus linger for years after an eviction filing, and trap individuals – including many children and families – in a cycle of poverty and housing insecurity. The effects are particularly acute among already marginalized groups, such as Black and female renters. By expunging eviction filings when an individual has met certain requirements, this Act will help break down barriers to stable housing and economic security. Several states have already taken similar measures. In Minnesota, eviction expungement is mandatory after 3 years, and can occur even earlier under certain circumstances. In Oregon, an individual may file a motion for expungement after 5 years or if they entered into a stipulated agreement, provided they have paid off any monetary award included in the judgment or stipulation. An individual in Oregon may also be granted an expungement if the eviction case ended in a dismissal, if the court found in the individual’s favor, or if the eviction judgement occurred during the COVID-19 crisis. Other states that have or are considering eviction expungement laws include California, Indiana, and Nevada. Under this Act, an applicant for an expungement will be granted an expungement if the court in which the original eviction action was filed finds any of the following: 1. The judgment against the defendant was a judgment on the merits or a default judgment, 5 or more years have passed since the judgment was entered, and the defendant has satisfied any monetary award included in the judgment. 2. The judgment was entered on stipulation of the parties, and the defendant has complied with the terms of the stipulated agreement and satisfied any monetary award included in the judgment. 3. The plaintiff withdrew the complaint. 4. The court dismissed the plaintiff’s complaint. 5. The final judgment was in favor of the defendant. 6. The plaintiff and the defendant have agreed to the expungement. 7. The expungement is clearly in the interest of justice and that interest is not outweighed by the public’s interest in knowing about the action. Once the court has granted an expungement, the court has 45 days to effectuate that expungement by ensuring that the record of the action is no longer available to the public or the parties, except that the court must give the defendant a certified copy of the record before the record is expunged. An individual whose eviction record has been expunged can answer questions about prior evictions as if the expunged eviction action was never filed. This Act takes effect 6 months after its enactment into law.

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Takes effect upon being signed into law

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