An Act amending the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, providing for use of criminal records to screen tenants; imposing duties on the Pennsylvania Human Relations Commission; and imposing penalties.

PRIOR PRINTER'S NOS. 1746, 2353 PRINTER'S NO. 2549
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1492
Session of
2025
INTRODUCED BY SIEGEL, WAXMAN, KHAN, HILL-EVANS, POWELL, RIVERA,
McNEILL, M. JONES, CEPHAS, CEPEDA-FREYTIZ, SANCHEZ, SCHWEYER,
WEBSTER AND K. HARRIS, MAY 19, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 29, 2025
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," providing for use of criminal records to
screen tenants; imposing duties on the Pennsylvania Human
Relations Commission; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding an
article to read:
ARTICLE II-A
USE OF CRIMINAL RECORDS TO SCREEN TENANTS
Section 201-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual who is considered, or requests to
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be considered, for tenancy within a rental dwelling unit.
"Commission." The Pennsylvania Human Relations Commission.
"Criminal record." Information about an individual collected
by criminal justice agencies consisting of identifiable
descriptions and notations of arrests, detentions, indictments,
criminal complaints or other formal criminal charges, and any
disposition arising therefrom, including acquittal, sentencing,
correctional supervision, release or conviction, including:
(1) A sentence arising from a verdict or plea of guilty
or nolo contendere.
(2) A sentence of incarceration.
(3) A suspended sentence.
(4) A sentence of probation.
(5) A sentence of conditional discharge.
"Housing provider." Any of the following:
(1) A landlord, owner, lessor, sublessor or assignee or
an agent of the landlord, owner, lessor, sublessor or
assignee.
(2) Any other person receiving or entitled to receive
rents or benefits for the use or occupancy of a rental
dwelling unit.
"Nondiscriminatory." Not discriminating against an applicant
based on actual or perceived race, color, religious creed,
ancestry, age, sex, national origin, non-job-related handicap or
disability or the use of a guide or support animal because of
the blindness, deafness or physical handicap of the user.
"Rental dwelling unit." A dwelling unit offered for rent by
a housing provider for residential purposes, other than a
dwelling unit in an owner-occupied premises of not more than
four dwelling units.
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Section 202-A. Consideration of criminal records.
(a) Permissible considerations.--
(1) Except as provided in subsection (b), a housing
provider may consider the criminal record of an applicant
that involves a conviction SENTENCE ENFORCED under 18 Pa.C.S.
§ 7508 (relating to drug trafficking sentencing and
penalties) resulting in a prison sentence if the prison
sentence concluded within the seven years immediately
preceding the consideration of a housing application by the
applicant.
(2) Except as provided in subsection (b), nothing in
this section shall be construed to limit a housing provider's
ability to consider other material factors in accordance with
Federal or State law, including criminal records where the
landlord has a substantial, legitimate and nondiscriminatory
interest, such as convictions involving violent crimes,
significant property damage or sexual offenses.
(b) Prohibited considerations.--A housing provider may not
consider any of the following in the criminal record of an
applicant regarding a criminal offense under 18 Pa.C.S. § 7508:
(1) An arrest or charge that did not result in a
criminal conviction.
(2) An expunged conviction.
(3) A conviction for which an executive pardon has been
granted.
(4) A conviction that has been vacated or otherwise
legally nullified.
(5) An adjudication of juvenile delinquency.
(6) A record that has been sealed.
Section 203-A. Assessment.
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A housing provider shall perform an individualized assessment
of a housing application by an applicant in light of the
following factors regarding a criminal offense under 18 Pa.C.S.
§ 7508 (relating to drug trafficking sentencing and penalties)
contained in the criminal record of the applicant:
(1) The nature and severity of the criminal offense.
(2) The age of the applicant at the time of the
occurrence of the criminal offense.
(3) The time that has elapsed since the occurrence of
the criminal offense.
(4) Any information provided by the applicant, or on
behalf of the applicant, regarding the applicant's
rehabilitation and good conduct since the occurrence of the
criminal offense.
(5) The degree to which the criminal offense, if it
reoccurred, would negatively impact the safety of the housing
provider's other tenants or property.
(6) Whether the criminal offense occurred on, or was
connected to, property that was rented or leased by the
applicant.
Section 204-A. Evidence by applicant.
An applicant may provide to a housing provider evidence of:
(1) any inaccuracy within the criminal record of the
applicant regarding an offense under 18 Pa.C.S. § 7508
(relating to drug trafficking sentencing and penalties) ; or
(2) rehabilitation or other mitigating factors regarding
the criminal record of the applicant regarding an offense
under 18 Pa.C.S. § 7508.
Section 205-A. Standards.
A housing provider shall apply the standards established
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under sections 202-A, 203-A and 204-A to each applicant in a
nondiscriminatory manner.
Section 206-A. Withdrawal of offer.
(a) Permissible purpose.--A housing provider may withdraw an
offer to an applicant following an individualized assessment in
accordance with section 203-A if the housing provider
determines, by a preponderance of the evidence, that the
withdrawal is necessary to fulfill a substantial, legitimate and
nondiscriminatory interest.
(b) Notice.--If a housing provider withdraws an offer to an
applicant, the housing provider shall provide the applicant with
written notice of the withdrawal that includes:
(1) The specific reason or reasons for the withdrawal.
(2) An opportunity to appeal the withdrawal by providing
to the housing provider evidence related to the criminal
record of the applicant, in accordance with section 204-A.
(c) Request.--
(1) Within 30 days after a notice of withdrawal of an
offer by a housing provider, an applicant may request that
the housing provider provide the applicant with a copy of all
the information on which the housing provider relied in
considering the housing application and evaluating the
applicant.
(2) Within 10 days after receipt of a timely request
under paragraph (1), the housing provider shall provide the
information requested, free of charge.
Section 207-A. Civil immunity.
(a) Circumstances.--To encourage housing providers to
provide housing opportunities to formerly incarcerated
individuals who were convicted of an offense under 18 Pa.C.S. §
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7508 (relating to drug trafficking sentencing and penalties), a
housing provider subject to the provisions of this article shall
be immune from liability in a civil action arising as a result
of the DIRECTLY RELATED TO A HOUSING PROVIDER'S decision to rent
or lease to an individual who has a criminal record regarding an
offense under 18 Pa.C.S. § 7508 or who was otherwise convicted
of the criminal offense.
(b) Construction.--Nothing in this section shall be
construed to affect the immunity from liability conferred by law
upon a person who rents or leases an apartment to an individual
with a conviction for an offense under 18 Pa.C.S. § 7508.
(B) CONSTRUCTION.--THE IMMUNITY PROVIDED BY THIS SUBSECTION
SHALL NOT EXTEND TO ANY PERSON WHO RENTS OR LEASES TO AN
INDIVIDUAL WITH A SENTENCE ENFORCED UNDER 18 PA.C.S. § 7508
WHERE DAMAGES RESULT FROM GROSS NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF THE PERSON WHO RENTS OR LEASES TO AN INDIVIDUAL,
OR IF THEY SHOULD HAVE HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF
ILLEGAL ACTIVITIES.
Section 208-A. Unlawful acts by housing provider.
(a) Protected rights.--A housing provider may not interfere
with, restrain or deny the exercise of, or the attempt to
exercise, a right protected under this article.
(b) Retaliatory action.--If the commission determines that a
housing provider has engaged in one or more unlawful actions
against a person with the intent of retaliating for the person's
filing of an action against the housing provider in accordance
with section 210-A, each unlawful retaliatory action shall be
enforced, in accordance with section 210-A, as a separate and
distinct violation of this article.
Section 209-A. Complaint data maintenance.
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(a) Data.--The commission shall maintain data on the number
of complaints filed in accordance with this article, which must
include the following:
(1) Demographic information on the complainants.
(2) The identity of the housing providers.
(3) The number of investigations conducted.
(4) The disposition of each complaint and investigation.
(b) Publication.--
(1) The commission shall publish every two years and
post on the commission's publicly accessible Internet website
information on substantiated complaints that have resulted in
the issuance of a monetary penalty in accordance with section
210-A.
(2) The commission may not publish or post on the
commission's publicly accessible Internet website information
regarding a complaint against a housing provider for which
the housing provider is in good faith compliance with the
requirements made by the commission in accordance with
section 210-A(a)(3)(ii).
Section 210-A. Complaints and actions sought against housing
provider.
(a) Filing of complaint.--
(1) A person may not initiate in court an action that
alleges a violation of this article.
(2) Upon a belief that a housing provider has violated a
provision of this article with respect to an applicant, the
applicant may file a complaint with the commission against
the housing provider.
(3) Upon the filing of a complaint against a housing
provider by an applicant, the commission shall make a good
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faith effort to provide notice to the housing provider of the
alleged violation. The commission:
(i) Shall offer the housing provider the opportunity
to resolve the complaint within 14 days of receiving the
notice.
(ii) May not subject the housing provider to a
penalty under subsection (e) if the housing provider
resolves the complaint within 14 days of receiving the
notice.
(b) Warning .--If a housing provider does not resolve the
complaint in accordance with subsection (a) and, following an
investigation, the commission determines that the complaint is
substantiated, the commission:
(1) Shall issue a warning to the housing provider that
the housing provider is in violation of this article and
shall provide the housing provider the opportunity to resolve
the complaint within 14 days of receiving the warning.
(2) May not subject the housing provider to a penalty
under subsection (e) if the housing provider resolves the
complaint within 14 days of receiving the warning.
(c) Issuance of penalty.--If a housing provider does not
resolve the complaint within 14 days of receiving the warning in
accordance with subsection (b), the commission:
(1) Shall issue a monetary penalty against the housing
provider.
(2) May require the housing provider to take one or more
of the actions authorized by subsection (f) .
(d) Appeals generally.--
(1) A housing provider may appeal, in accordance with 2
Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
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Commonwealth agency action), a final decision by the
commission issued in accordance with this section.
(2) A complainant under this section:
(i) May appeal, in accordance with 2 Pa.C.S. Ch. 7
Subch. A, a finding by the commission, following an
investigation by the commission, that the complaint is
not substantiated.
(ii) May not appeal a decision by the commission not
to investigate the complaint.
(e) Penalties.--A housing provider who violates a provision
of this article shall be liable for the following applicable
penalties:
(1) An amount not to exceed $500 if the housing provider
has not committed any prior violation within the five-year
period ending on the date of the filing of the complaint.
(2) An amount not to exceed $5,000 if the housing
provider has committed one other violation within the five-
year period ending on the date of the filing of the
complaint.
(3) An amount not to exceed $10,000 if the housing
provider has committed two or more other violations within
the seven-year period ending on the date of the filing of the
complaint.
(f) Requirement of action.--The commission may require a
housing provider to take one or more of the following actions
upon a finding that the housing provider has violated a
provision of this article:
(1) Any of the following:
(i) Cease and desist from continuing to violate this
article.
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(ii) Communicate in writing to the housing
provider's employees and agents their obligations under
this article.
(iii) Report to the commission on the manner of
compliance for a period not to exceed two years provided
that the housing provider does not commit future
violations of this article.
(2) If the housing provider has committed at least one
other violation of this article within the five-year period
ending on the date of the filing of the complaint under this
section, any of the following:
(i) Make a good faith effort to remedy the
violation, if a remedy is possible.
(ii) Issue an offer, if the violation resulted in a
failure to issue an offer.
(iii) Provide the same or a similar rental dwelling
unit on the same terms as the prior offer, if:
(A) the same or similar rental dwelling unit is
currently or will become available; and
(B) the violation resulted in the withdrawal of
an offer.
(3) Unless the housing provider has provided a rental
dwelling unit for the complainant, return the complainant's
rental application fee.
(4) Pay a portion of the sum owed by the housing
provider in accordance with subsection (e) to the
complainant, in an amount not to exceed $1,000.
(g) Notwithstanding any other provision of this article, a
housing provider is not subject to any penalty for a violation
of this article if the provider, either prior to or within 14
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days following receipt of written notice of the alleged
violation under this section, takes one or more of the following
remedial actions:
(1) if the violation involves the wrongful rejection of
an applicant, the housing provider accepts the previously
rejected applicant for the unit in question, provided the
unit remains available and the applicant remains qualified;
(2) if the unit originally applied for is no longer
available, the housing provider agrees to offer the next
available unit for which the applicant is qualified; or
(3) if the violation arises from a policy or practice,
the housing provider modifies or discontinues the policy or
practice that caused the violation.
(h) Successful appeal by housing provider.--I f a housing
provider appeals a requirement made in accordance with
subsection (f)(2) and the court overturns the requirement after
determining that the housing provider did not violate the
provisions of this article, the successful appeal shall be
grounds for the housing provider to evict the former applicant
if:
(1) the former applicant resides in a rental dwelling
unit of the housing provider; and
(2) the housing provider provides the former applicant
with at least 45 days' notice prior to the eviction.
(i) Construction.--Nothing in this section shall be
construed to bar, exclude or otherwise affect any right or
action which may exist independently of any right or action
under this section, including any right or action under the act
of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
Human Relations Act.
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Section 211-A. Rules and regulations.
The commission shall adopt or promulgate rules and
regulations necessary to carry out the purposes of this article.
Section 212-A. Exemption.
The provisions of this article do not apply to a housing
provider that owns or operates 10 or less rental dwelling units
in this Commonwealth.
Section 2. This act shall take effect in six months.
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