Information about lawsuits is generally available to the public. And for tenants who have been evicted, this information is often used in credit checks for rental applications. (A landlord would understandably be interested in knowing if her applicant had just been evicted for non-payment of rent.) The unlawful detainer statutes have a specific provision governing the masking of eviction lawsuits from the public record. (Formerly, a limited civil eviction lawsuit would unmask automatically, unless a defendant prevailed in 60 days. A 2016 amendment inverted the rule, maintaining the mask unless the landlord prevailed in 60 days.)
AB 1795, however, would prevent the court clerk from allowing access to information about Ellis Act evictions, regardless of whether the landlord prevails in 60 days. Ellis Act evictions often feature a fight about wealth; the tenant has a non-transferable, valuable property interest in their rent-controlled tenancy, while the landlord wants possession of her valuable asset. In San Francisco, for instance, the City actively encourages tenants to hold over and fight Ellis Act evictions. (After all, there’s no better affordable housing than the exiting unit that already has a rent-controlled tenant in it.) But it is difficult to read this amendment as anything other than tacit encouragement from Sacramento for tenants to violate the law and fight an eviction with fewer consequences. A landlord would understandably be interested in knowing that her prospective tenant is likely to violate obligations other than paying rent, as well.