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File #: R-486-21    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 9/16/2021 In control: City Council
On agenda: 9/28/2021 Final action: 9/28/2021
Title: A Resolution asserting Toledo City Council's support of Senate Bill 158, permitting a court to order expungement of the court file of an eviction case upon a motion filed by a tenant, manufactured home park resident, or landlord, or upon the court's own motion; and declaring an emergency.
Sponsors: Nick Komives
Attachments: 1. Audio: Agenda Review 9/21/2021, 2. Audio: City Council 9/28/2021

Label

Council Member Komives

 

Title

A Resolution asserting Toledo City Council’s support of Senate Bill 158, permitting a court to order expungement of the court file of an eviction case upon a motion filed by a tenant, manufactured home park resident, or landlord, or upon the court’s own motion; and declaring an emergency.

 

Summary

WHEREAS, housing is a human right and the access to safe, secure and accessible housing is essential to achieving equal access to all other fundamental needs; and

 

WHEREAS, an eviction filing can stay with a tenant for years, potentially impacting their ability to find stable housing again, even if the tenant was never actually evicted; and

 

WHEREAS, the inability to find stable housing impacts not only access to a place to live, but ultimately can impact access to good public transit, jobs, and quality schools; and

 

WHEREAS, Senate Bill 158 would allow a court to order an expungement of an eviction record if it finds the record is “no longer a reasonable predictor of future tenant behavior” and if expunging it would be in the “interests of justice”; and

 

WHEREAS, SB 158 will provide a mechanism, to assure that tenants who have a temporary setback in ability to pay rent are not punished for decades in their search for safe and affordable housing; NOW, THEREFORE,

 

Be it resolved by the Council of the City of Toledo:

 

SECTION 1. That the Toledo City Council strongly supports the passage of Senate Bill 158 and urges all legislators to vote in the affirmative for its passage.

 

SECTION 2. That the Clerk of Council is hereby authorized and directed to forward a certified copy of this resolution to the Ohio General Assembly.

 

SECTION 3. That this Resolution is declared to be an emergency measure and shall take effect and be in force from and after its adoption. The reason for the emergency lies in the fact that this Resolution is necessary for the immediate preservation of the public peace, health, safety and property; and for the further reason that immediate action is necessary in order to authorize a resolution indicating the support of Toledo City Council on a matter of great importance to the City in a timely manner which shall take effect immediately upon passage.

 

Vote on emergency clause:  yeas 12, nays 0.

 

Adopted:  September 28, 2021, as an emergency measure:  yeas 12, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               September 28, 2021

Wade Kapszukiewicz

                                                                                    Mayor