North Dakota lawmakers have passed a significant housing reform law allowing tenants to seal eviction records after seven years, following bipartisan cooperation. The law marks a major win for tenant rights advocates and reflects a growing trend across states to ease the long-term consequences of eviction filings.
Tenant Advocate Turns Lawmaker
Democratic state Sen. Ryan Braunberger, a former housing advocate and renter himself, introduced five tenant protection bills this year. While only one passed, it represents a breakthrough. Co-sponsored by Republican Sen. Jeff Barta, the new law allows tenants to petition for sealing eviction records if they have no further evictions in seven years and have resolved rent or damage dues. “I didn’t know much about this process, but when Sen. Braunberger reached out to me, I looked into just how much an eviction from years ago was possibly affecting renters and constituents in my district,” Barta said.
Evictions Leave Lingering Stigma
Eviction records, even those with favorable or dismissed outcomes, have long haunted tenants due to their public nature and heavy reliance by screening companies. A 2020 study by Princeton’s Eviction Lab found that 22% of records misrepresented tenants’ pasts. Black women with children and families with young children are particularly affected. “Most landlords wouldn’t even give people a second chance once they saw an eviction on someone’s record,” Braunberger said. “It didn’t matter if the case was from a decade ago or if it had been resolved. That record stuck to them like glue.”
Pushback and Compromise
The North Dakota Apartment Association opposed the bill, citing concerns that sealing could hide evictions for reasons other than domestic violence. “Property owners and property managers rely on background checks for decisions on prospective tenant approvals for the safety of neighbors and the property, and the business investment risk,” testified lobbyist Jeremy Petron.
In response, lawmakers scrapped plans for full expungement and instead negotiated with the judiciary and housing groups to adopt a sealing framework that keeps records confidential but not deleted. “After talking with the Supreme Court and apartment associations, we landed on a compromise: sealing,” Braunberger explained. “It preserves judicial records while still giving tenants a fair shot at moving on.”
Judicial System On Board
Judicial feedback shaped the bill’s final form. Earlier drafts lacked key safeguards, but updates now ensure only those with no new evictions or unpaid obligations can apply to seal their records. “Without these amendments, any eviction could be sealed following seven years regardless of further evictions or outstanding judgments,” said Sara Behrens, staff attorney at the State Court Administrator’s Office.
The law passed with strong support, 35-12 in the Senate and 88-5 in the House, despite North Dakota’s Republican supermajority.
Beyond the Legislation
While the sealing law passed, Braunberger’s broader agenda stalled. Bills to cap late fees and increase tenant protections didn’t gain traction. He vows to reintroduce them next session and says legal aid for tenants in civil housing cases is also critical: “No one should lose their home without legal help.”
Barta, meanwhile, emphasized the need for more public education around leases and tenant rights. Both lawmakers see value in expanding mediation services to reduce legal conflicts and housing loss.
Other States Join the Trend
North Dakota joins a growing list of states reforming eviction record policies. Idaho, Maryland, and Massachusetts enacted similar laws last year. Indiana recently approved automatic sealing in specific cases. In contrast, Nevada’s governor vetoed two key tenant bills, calling them “lopsided” and overburdening for landlords.
Other pending proposals include:
- Pennsylvania: Would seal no-fault eviction records but keep fault-based records public for seven years.
- Kansas: Would offer automatic expungement after two years if debts are paid.
- South Carolina: Would seal records if no eviction order is issued within 30 days.
With Grand Forks, Barta’s district, over 50% renter-occupied, the issue hits home for many North Dakotans. As Braunberger concluded, “Housing policy isn’t just social policy, it’s economic policy.”