2026 State Legislative Trends in the West: Eviction Sealing, Heat Protections, & Countering Harmful Federal Policy

By Mackenzie Pish, NLIHC Research Analyst  

NLIHC’s Research team follows developments in rental housing policies and programs at the state and local level, including the introduction and passage of bills related to tenant protections in the legislatures of all 50 states and the District of Columbia. Over the next month, through Memo to Members & Partners, NLIHC will highlight 2026 legislative trends across the Northeast, South, Midwest, and Western regions of the U.S. 

This article focuses on the Western region, which encompasses Alaska, Arizona, California, Colorado, Hawai‘i, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming. While it uplifts a few key trends, the bills discussed here represent a small fraction of the scores of housing-related bills pursued this year across the region. 

Western States Work to Further Protect Renters from the Scarlet “E” 

Eviction records, referred to as the Scarlet “E,” are often treated as automatic cause to deny a rental housing applicant and have long-lasting impacts on renters’ housing stability. In reviewing rental applications, many landlords rely on third-party screening companies that use software to collect large amounts of court data and red flag any eviction filing against a tenant, regardless of what happened in the case. Over the past decade, several states have implemented laws that safeguard this data through record sealing, which hides eviction records from public view, or expungement, which removes eviction records from the legal record as if they never happened. These laws can be triggered automatically in certain circumstances, such as when a case is dismissed, through a petition by or agreement between the landlord and tenant or based on a judge’s discretion. Additionally, some laws prevent screening companies and landlords from accessing, disseminating, or using protected records to avoid misuse of records accessed before they were sealed or expunged. 

In the Western region, Arizona, California, Colorado, Idaho, Nevada, and Oregon have existing laws that, under certain circumstances, provide for automatic sealing of records, a pathway for parties to petition or agree to sealing, or both. Utah provides pathways for automatic expungement and petition for expungement of some cases and Washington allows tenants to request a court Order for Limited Dissemination prohibiting tenant screening companies from accessing or disseminating records. 

This session, Arizona, Colorado, Hawai‘i and Utah considered new bills that target eviction records. Passed in June 2026, Arizona House Bill 2244 permits judges to seal eviction records when a tenant has paid in full any judgment owed to the landlord and the landlord has not filed the required satisfaction of judgment within 40 days. This bill would provide an additional means for Arizona courts to safeguard eviction records, as existing law provides for automatic sealing of eviction records for cases resolved pre-judgment, in favor of the tenant, or by agreement between tenants and landlords.  

Colorado legislators introduced a bill that would further limit public access to eviction records. Under existing Colorado law, all records related to eviction are automatically suppressed from public view at the start of a case and remain suppressed unless the court orders possession returned to the landlord. House Bill 1047 would amend existing law to require that records remain suppressed unless the case concerned a substantial lease violation. The bill text states that “it is in the state's interest that the court records of the eviction remain suppressed because public access to eviction filings, even after final judgment, creates long-term barriers to securing safe and stable housing.” The bill was supported by the ACLU of Colorado, Disability Law Colorado, Colorado Poverty Law Project, and Voces Unidas Action Fund, while NLIHC state partner Colorado Coalition for the Homeless expressed concerns about the initial scope of the bill.  

As originally introduced by State Representative Tina Grandinetti, Hawai‘i House Bill 463 would require automatic immediate and time-based sealing of eviction records, as well as give judges discretion to seal records under certain circumstances, including where the monetary judgment was $500 or less. It would also prohibit tenant screening companies and landlords from requiring disclosure of, or denying housing applications based on, sealed records. The bill, which was tabled for a feasibility study, received several comments in support, including from Hawai‘i Children’s Action Network Speaks, Hawai‘i Workers Center, Hawaiʻi Nurses Association, Lahaina Strong, and NLIHC state partner Hawai‘i Appleseed Center for Law and Economic Justice, which declared that “the current system of permanent, publicly accessible eviction records serves neither justice nor our community's interests.” 

Utah Senate Bill 215 would reduce the existing time frame required for automatic expungement of eviction records for cases that have been dismissed without any pending appeal. As introduced, the time limit was reduced from three years to 90 days, but a later bill amendment revised this to one year. The bill passed the Senate, but never received a committee hearing or vote in the House. In its legislative session housing wrap-up, NLIHC state partner Utah Housing Coalition identified this as a missed opportunity to reduce long-term barriers for renters. 

States Are Working to Protect Renters From Extreme Heat, the Leading Weather-Related Cause of Death in the U.S 

Extreme heat is the leading cause of weather-related deaths in the U.S., and human-driven climate change is worsening the already acute problem. The U.S. Centers for Disease Control and Prevention reports that an average of 1,700 people died from heat-related causes each year in the U.S. between 2018 and 2025, up from an average of 702 heat-related deaths between 2004 and 2018; a recent investigation by NPR and Boston University suggests that these estimates may be an undercount. NLIHC’s 2023 Natural Hazards and Federally Assisted Housing report found that heat waves were the most prevalent natural hazard threatening federally subsidized renters. Ensuring rental homes keep renters safe from extreme heat is a growing legislative priority for states in the West.  

Passed in Washington, Senate Bill 6200 amends the state’s “Residential Landlord-Tenant Act” and “Manufactured / Mobile Home Landlord-Tenant Act” to provide tenants with the right to install portable cooling devices, like a window-mounted air conditioning unit or portable heat pump. In a February 23 House Committee on Housing hearing, the bill’s sponsor, State Senator Vandana Slatter noted that it is “a housing bill that does not require landlords to install air conditioning, mandate costly retrofits, or change construction standards - it simply allows tenants to use safe, portable cooling devices in their homes during extreme heat with clear guardrails.” 

In comparison, Arizona Senate Bill 1608 puts the responsibility on landlords to keep rental homes cool and creates a moratorium on evictions during extreme heat. Introduced by State Senator Lauren Kuby and supported by Attorney General Kris Mayes, the bill follows several demand letters and lawsuits initiated by Mayes against multifamily properties for air conditioning (A.C.) outages resulting in extreme indoor temperatures, hospitalization, and death. The bill would amend habitability protections under A.R.S. § 33-1324 by defining a “fit and habitable” rental home as having a maximum indoor temperature of 82 degrees. It would also reduce the notice-to-cure period from five to two days and otherwise provide tenants with the right to terminate the lease. Further, the bill would prohibit evictions during any week in which the outdoor temperature reaches 90 degrees or higher during two or more days in that week—noteworthy as some areas like Phoenix and Tucson experience long stretches of daily high temperatures in the 100s. Senator Kuby stated, “we're seeing record-breaking temperatures year after year, and our most vulnerable residents—seniors, children, and low-income families—are bearing the brunt of inadequate housing conditions. This bill will make sure landlords live up to the promises they make and help keep Arizonans safe.” 

Last year, Texas introduced similar legislation – House Bill 2900/ House Bill 1099 – requiring landlords to provide and maintain A.C. units capable of cooling rental homes to specific temperatures and requiring landlords to resolve issues within 5 days and provide tenants with portable cooling units or alternative housing. While the bills did not pass, the continued advocacy efforts of NLIHC state partner Texas Housers and their local partners pushed the City of Houston to adopt a right to air conditioning ordinance in August 2026.  

Reverse Preemptions Gain Traction as States Try to Counter Harmful Federal Housing Policy 

Earlier this year, HUD published Proposed Rule FR-6520-P-01, which would permit Public Housing Authorities and HUD-assisted landlords to impose work requirements as high as 40 hours per week and time limits as low as two years for public housing, Housing Choice Vouchers, Project-Based Vouchers, and Project-Based Rental Assistance, with limited exceptions. The Center on Budget and Policy Priorities estimates that the rule would put 3.7 million people, including 1.9 million children, at risk of losing assistance. NLIHC submitted an official comment urging HUD to withdraw the Proposed Rule.  

In response to the HUD Proposed Rule, California passed Assembly Bill 2128 in September. Authored by Assembly Member Matt Haney and cosponsored by the National Housing Law Project (NHLP), the new law prohibits HUD-assisted housing providers from imposing work requirements or time limits to determine eligibility or the amount of assistance provided to households, unless required by federal law as with HUD’s Moving to Work or Family Self Sufficiency programs. NHLP Staff Attorney Lila Gitesatani encourages advocates and tenants in other states to consider pushing for similar bills: “When it comes to legislating against these cuts, the evidence is on our side. Research from both the Congressional Research Service and HUD itself proves that policies which take away housing—like work requirements and time limits—harm self-sufficiency, employment prospects, and economic mobility.” 

With support from NHLP, NLIHC state partner Housing Action Illinois is advocating for similar bills in Illinois. House Bill 4377 would create the “Federally Assisted Tenant Protection Act” to prohibit housing providers from requiring work requirements or time limits, unless required by federal law, and Senate Bill 3804 would amend the state’s existing “Housing Authorities Act” to prohibit the same. 

Join NLIHC’s State and Local Tenant Protections Network Bimonthly Calls 

Are you pursuing tenant protection legislation in your own jurisdiction? NLIHC's Research team hosts a bimonthly State and Local Tenant Protections Network call that serves as an informal meeting space for housing advocates, tenant organizers and leaders, legal service providers, and academics to discuss efforts and challenges to advance tenant protections at the state and local levels. Register for the next State and Local Tenant Protections Network call on December 10 from 3:00 pm to 4:00 pm ET.  

Have questions about state and local housing research, or want to share updates from your community? Email [email protected]