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Substitute for HOUSE BILL No. 2357
AN A CT concerning housing; providing for expungement of certain court records in
eviction actions in which the underlying rental agreement is governed by the
residential landlord and tenant act; requiring consideration of mediation in eviction
actions in which the underlying rental agreement is governed by the residential
landlord and tenant act; amending K.S.A. 61-3806 and 61-3807 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) Except as otherwise provided in this
subsection, a defendant in an eviction action in which the underlying
rental agreement is governed by K.S.A. 58-2540 et seq., and
amendments thereto, may make an electronic filing for an expungement
with the clerk of the district court at no cost. Such filing shall be made
under the docket number of such eviction action. The defendant shall
provide service of process to the plaintiff in such action by return
receipt delivery as described in K.S.A. 60-303, and amendments
thereto.
(2) The plaintiff in such action shall have 30 days after delivery of
such service of process to file with the court an objection to such
expungement. If an objection is filed, the court shall conduct a hearing
and determine whether such expungement will be granted pursuant to
this section. If no objection is filed, the court shall make such
determination without a hearing , and there shall be a presumption that
the monetary judgment owed by the defendant to the plaintiff arising
from the underlying tenancy or rental agreement related to such
eviction action, if any, are satisfied.
(3) The court shall grant an expungement if three years have
passed since judgment was entered in such action, the defendant shows
that the monetary judgment owed by the defendant to the plaintiff
arising from the underlying tenancy or rental agreement related to such
eviction action, if any, are satisfied and the defendant has no additional
judgment entered in an eviction action in which the underlying rental
agreement is governed by K.S.A. 58-2540 et seq., and amendments
thereto, within the three-year period.
(4) If a tenant has an additional judgment entered in an eviction
action in which the underlying rental agreement is governed by K.S.A.
58-2540 et seq., and amendments thereto, within the three-year period
described in paragraph (1), the preceding judgment shall not be
expunged until the ensuing judgment is eligible for expungement.
(5) In accordance with federal law and requirements, a public
housing authority may request access to eviction judgment history for
the past three-year period for active applicants for federal housing
assistance.
(6) An eviction action in which the underlying rental agreement is
governed by K.S.A. 58-2540 et seq., and amendments thereto, and the
defendant has an unsatisfied monetary judgment arising from the
underlying tenancy or rental agreement related to such eviction action
shall not be expunged unless the defendant and the plaintiff agree to
such expungement.
(7) An order expunging an eviction action pursuant to this section
shall not be construed to satisfy, extinguish or otherwise affect any
monetary obligation owed by the defendant to the plaintiff arising from
the underlying tenancy or rental agreement related to such eviction
action. Nothing in this section shall impair or limit a plaintiff's right to
pursue or maintain a separate civil action for unpaid rent, damages or
other sums owed, including any action permitted under K.S.A. 61-
3804, and amendments thereto, or other applicable law, within the
applicable statute of limitations.
(b) The judicial council shall develop a form to be utilized for
obtaining expungement pursuant to this section.
Sec. 2. K.S.A. 61-3806 is hereby amended to read as follows: 61-
3806. (a) A defendant shall either appear in person or by counsel at the
time and date set forth in the summons or file on or before such date a
written answer.
(b) The answer, when filed, shall contain the information as
Substitute for HOUSE BILL No. 2357—page 2
required under subsection (b) of K.S.A. 61-2904 (b), and amendments
thereto.
(c) In an action in which the underlying rental agreement is
governed by K.S.A. 58-2540 et seq., and amendments thereto, the court
shall consider mediation unless the court finds that mediation would
not aid the parties materially or is impracticable.
Sec. 3. K.S.A. 61-3807 is hereby amended to read as follows: 61-
3807. (a) If a trial is necessary, the trial shall be conducted within 14
days after the appearance date stated in the summons.
(b) (1) Except as provided in paragraph (2), no continuance shall
be granted unless the defendant requesting a continuance shall file a
bond with good and sufficient security approved by the court,
conditioned for the payment of all damages and rent that may accrue if
judgment is entered against the defendant.
(2) In an action in which the underlying rental agreement is
governed by K.S.A. 58-2540 et seq., and amendments thereto, the court
shall order a continuance of not more than 14 days from the date that
the mediation order is entered if the parties are participating in
mediation.
Sec. 4. K.S.A. 61-3806 and 61-3807 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.