HB 1492 — 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.

PRINTER'S NO.   1746

                     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 AND SANCHEZ,
        MAY 19, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        MAY 21, 2025


                                      AN ACT
 1   Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
 2      act relating to the rights, obligations and liabilities of
 3      landlord and tenant and of parties dealing with them and
 4      amending, revising, changing and consolidating the law
 5      relating thereto," providing for use of criminal records to
 6      screen tenants; imposing duties on the Pennsylvania Human
 7      Relations Commission; and imposing penalties.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of April 6, 1951 (P.L.69, No.20), known
11   as The Landlord and Tenant Act of 1951, is amended by adding an
12   article to read:
13                               ARTICLE II-A
14              USE OF CRIMINAL RECORDS TO SCREEN TENANTS
15   Section 201-A.    Definitions.
16      The following words and phrases when used in this article
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      "Applicant."    An individual who is considered, or requests to
 1   be considered, for tenancy within a rental dwelling unit.
 2      "Commission."    The Pennsylvania Human Relations Commission.
 3      "Criminal record."    Information about an individual collected
 4   by criminal justice agencies consisting of identifiable
 5   descriptions and notations of arrests, detentions, indictments,
 6   criminal complaints or other formal criminal charges, and any
 7   disposition arising therefrom, including acquittal, sentencing,
 8   correctional supervision, release or conviction, including:
 9          (1)     A sentence arising from a verdict or plea of guilty
10      or nolo contendere.
11          (2)     A sentence of incarceration.
12          (3)     A suspended sentence.
13          (4)     A sentence of probation.
14          (5)     A sentence of conditional discharge.
15      "Housing provider."    Any of the following:
16          (1)     A landlord, owner, lessor, sublessor or assignee or
17      an agent of the landlord, owner, lessor, sublessor or
18      assignee.
19          (2)     Any other person receiving or entitled to receive
20      rents or benefits for the use or occupancy of a rental
21      dwelling unit.
22      "Nondiscriminatory."    Not discriminating against an applicant
23   based on actual or perceived race, color, religious creed,
24   ancestry, age, sex, national origin, non-job-related handicap or
25   disability or the use of a guide or support animal because of
26   the blindness, deafness or physical handicap of the user.
27      "Rental dwelling unit."    A dwelling unit offered for rent by
28   a housing provider for residential purposes, other than a
29   dwelling unit in an owner-occupied premises of not more than
30   four dwelling units.

20250HB1492PN1746                    - 2 -
 1   Section 202-A.    Consideration of criminal records.
 2      (a)   Permissible considerations.--Except as provided in
 3   subsection (b), a housing provider may consider the criminal
 4   record of an applicant that involves a conviction under 18
 5   Pa.C.S. § 7508 (relating to drug trafficking sentencing and
 6   penalties) resulting in a prison sentence if the prison sentence
 7   concluded within the seven years immediately preceding the
 8   consideration of a housing application by the applicant.
 9      (b)   Prohibited considerations.--A housing provider may not
10   consider any of the following in the criminal record of an
11   applicant regarding a criminal offense under 18 Pa.C.S. § 7508:
12            (1)   An arrest or charge that did not result in a
13      criminal conviction.
14            (2)   An expunged conviction.
15            (3)   A conviction for which an executive pardon has been
16      granted.
17            (4)   A conviction that has been vacated or otherwise
18      legally nullified.
19            (5)   An adjudication of juvenile delinquency.
20            (6)   A record that has been sealed.
21   Section 203-A.    Assessment.
22      A housing provider shall perform an individualized assessment
23   of a housing application by an applicant in light of the
24   following factors regarding a criminal offense under 18 Pa.C.S.
25   § 7508 (relating to drug trafficking sentencing and penalties)
26   contained in the criminal record of the applicant:
27            (1)   The nature and severity of the criminal offense.
28            (2)   The age of the applicant at the time of the
29      occurrence of the criminal offense.
30            (3)   The time that has elapsed since the occurrence of

20250HB1492PN1746                    - 3 -
 1      the criminal offense.
 2            (4)   Any information provided by the applicant, or on
 3      behalf of the applicant, regarding the applicant's
 4      rehabilitation and good conduct since the occurrence of the
 5      criminal offense.
 6            (5)   The degree to which the criminal offense, if it
 7      reoccurred, would negatively impact the safety of the housing
 8      provider's other tenants or property.
 9            (6)   Whether the criminal offense occurred on, or was
10      connected to, property that was rented or leased by the
11      applicant.
12   Section 204-A.    Evidence by applicant.
13      An applicant may provide to a housing provider evidence of:
14            (1)   any inaccuracy within the criminal record of the
15      applicant regarding an offense under 18 Pa.C.S. § 7508
16      (relating to drug trafficking sentencing and penalties); or
17            (2)   rehabilitation or other mitigating factors regarding
18      the criminal record of the applicant regarding an offense
19      under 18 Pa.C.S. § 7508.
20   Section 205-A.    Standards.
21      A housing provider shall apply the standards established
22   under sections 202-A, 203-A and 204-A to each applicant in a
23   nondiscriminatory manner.
24   Section 206-A.    Withdrawal of offer.
25      (a)   Permissible purpose.--A housing provider may withdraw an
26   offer to an applicant following an individualized assessment in
27   accordance with section 203-A if the housing provider
28   determines, by a preponderance of the evidence, that the
29   withdrawal is necessary to fulfill a substantial, legitimate and
30   nondiscriminatory interest.

20250HB1492PN1746                    - 4 -
 1      (b)   Notice.--If a housing provider withdraws an offer to an
 2   applicant, the housing provider shall provide the applicant with
 3   written notice of the withdrawal that includes:
 4            (1)   The specific reason or reasons for the withdrawal.
 5            (2)   An opportunity to appeal the withdrawal by providing
 6      to the housing provider evidence related to the criminal
 7      record of the applicant, in accordance with section 204-A.
 8      (c)   Request.--
 9            (1)   Within 30 days after a notice of withdrawal of an
10      offer by a housing provider, an applicant may request that
11      the housing provider provide the applicant with a copy of all
12      the information on which the housing provider relied in
13      considering the housing application and evaluating the
14      applicant.
15            (2)   Within 10 days after receipt of a timely request
16      under paragraph (1), the housing provider shall provide the
17      information requested, free of charge.
18   Section 207-A.    Civil immunity.
19      (a)   Circumstances.--To encourage housing providers to
20   provide housing opportunities to formerly incarcerated
21   individuals who were convicted of an offense under 18 Pa.C.S. §
22   7508 (relating to drug trafficking sentencing and penalties), a
23   housing provider subject to the provisions of this article shall
24   be immune from liability in a civil action arising as a result
25   of the decision to rent or lease to an individual who has a
26   criminal record regarding an offense under 18 Pa.C.S. § 7508 or
27   who was otherwise convicted of the criminal offense.
28      (b)   Construction.--Nothing in this section shall be
29   construed to affect the immunity from liability conferred by law
30   upon a person who rents or leases an apartment to an individual

20250HB1492PN1746                    - 5 -
 1   with a conviction for an offense under 18 Pa.C.S. § 7508.
 2   Section 208-A.    Unlawful acts by housing provider.
 3      (a)   Protected rights.--A housing provider may not interfere
 4   with, restrain or deny the exercise of, or the attempt to
 5   exercise, a right protected under this article.
 6      (b)   Retaliatory action.--If the commission determines that a
 7   housing provider has engaged in one or more unlawful actions
 8   against a person with the intent of retaliating for the person's
 9   filing of an action against the housing provider in accordance
10   with section 210-A, each unlawful retaliatory action shall be
11   enforced, in accordance with section 210-A, as a separate and
12   distinct violation of this article.
13   Section 209-A.    Complaint data maintenance.
14      (a)   Data.--The commission shall maintain data on the number
15   of complaints filed in accordance with this article, which must
16   include the following:
17            (1)   Demographic information on the complainants.
18            (2)   The identity of the housing providers.
19            (3)   The number of investigations conducted.
20            (4)   The disposition of each complaint and investigation.
21      (b)   Publication.--
22            (1)   The commission shall publish every two years and
23      post on the commission's publicly accessible Internet website
24      information on substantiated complaints that have resulted in
25      the issuance of a monetary penalty in accordance with section
26      210-A.
27            (2)   The commission may not publish or post on the
28      commission's publicly accessible Internet website information
29      regarding a complaint against a housing provider for which
30      the housing provider is in good faith compliance with the

20250HB1492PN1746                    - 6 -
 1      requirements made by the commission in accordance with
 2      section 210-A(a)(3)(ii).
 3   Section 210-A.        Complaints and actions sought against housing
 4                  provider.
 5      (a)   Filing of complaint.--
 6            (1)   A person may not initiate in court an action that
 7      alleges a violation of this article.
 8            (2)   Upon a belief that a housing provider has violated a
 9      provision of this article with respect to an applicant, the
10      applicant may file a complaint with the commission against
11      the housing provider.
12            (3)   Upon the filing of a complaint against a housing
13      provider by an applicant, the commission shall make a good
14      faith effort to provide notice to the housing provider of the
15      alleged violation. The commission:
16                  (i)    Shall offer the housing provider the opportunity
17            to resolve the complaint within 14 days of receiving the
18            notice.
19                  (ii)    May not subject the housing provider to a
20            penalty under subsection (e) if the housing provider
21            resolves the complaint within 14 days of receiving the
22            notice.
23      (b)   Warning.--If a housing provider does not resolve the
24   complaint in accordance with subsection (a) and, following an
25   investigation, the commission determines that the complaint is
26   substantiated, the commission:
27            (1)   Shall issue a warning to the housing provider that
28      the housing provider is in violation of this article and
29      shall provide the housing provider the opportunity to resolve
30      the complaint within 14 days of receiving the warning.

20250HB1492PN1746                       - 7 -
 1            (2)   May not subject the housing provider to a penalty
 2      under subsection (e) if the housing provider resolves the
 3      complaint within 14 days of receiving the warning.
 4      (c)   Issuance of penalty.--If a housing provider does not
 5   resolve the complaint within 14 days of receiving the warning in
 6   accordance with subsection (b), the commission:
 7            (1)   Shall issue a monetary penalty against the housing
 8      provider.
 9            (2)   May require the housing provider to take one or more
10      of the actions authorized by subsection (e).
11      (d)   Appeals generally.--
12            (1)   A housing provider may appeal, in accordance with 2
13      Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
14      Commonwealth agency action), a final decision by the
15      commission issued in accordance with this section.
16            (2)   A complainant under this section:
17                  (i)    May appeal, in accordance with 2 Pa.C.S. Ch. 7
18            Subch. A, a finding by the commission, following an
19            investigation by the commission, that the complaint is
20            not substantiated.
21                  (ii)   May not appeal a decision by the commission not
22            to investigate the complaint.
23      (e)   Penalties.--A housing provider who violates a provision
24   of this article shall be liable for the following applicable
25   penalties:
26            (1)   An amount not to exceed $1,000 if the housing
27      provider has not committed any prior violation within the
28      five-year period ending on the date of the filing of the
29      complaint.
30            (2)   An amount not to exceed $5,000 if the housing

20250HB1492PN1746                       - 8 -
 1      provider has committed one other violation within the five-
 2      year period ending on the date of the filing of the
 3      complaint.
 4            (3)   An amount not to exceed $10,000 if the housing
 5      provider has committed two or more other violations within
 6      the seven-year period ending on the date of the filing of the
 7      complaint.
 8      (f)   Requirement of action.--The commission may require a
 9   housing provider to take one or more of the following actions
10   upon a finding that the housing provider has violated a
11   provision of this article:
12            (1)   Any of the following:
13                  (i)    Cease and desist from continuing to violate this
14            article.
15                  (ii)    Communicate in writing to the housing
16            provider's employees and agents their obligations under
17            this article.
18                  (iii)    Report to the commission on the manner of
19            compliance for a period not to exceed two years provided
20            that the housing provider does not commit future
21            violations of this article.
22            (2)   If the housing provider has committed at least one
23      other violation of this article within the five-year period
24      ending on the date of the filing of the complaint under this
25      section, any of the following:
26                  (i)    Make a good faith effort to remedy the
27            violation, if a remedy is possible.
28                  (ii)    Issue an offer, if the violation resulted in a
29            failure to issue an offer.
30                  (iii)    Provide the same or a similar rental dwelling

20250HB1492PN1746                       - 9 -
 1               unit on the same terms as the prior offer, if:
 2                         (A)     the same or similar rental dwelling unit is
 3                     currently or will become available; and
 4                         (B)     the violation resulted in the withdrawal of
 5                     an offer.
 6               (3)   Unless the housing provider has provided a rental
 7         dwelling unit for the complainant, return the complainant's
 8         rental application fee.
 9               (4)   Pay a portion of the sum owed by the housing
10         provider in accordance with subsection (e) to the
11         complainant, in an amount not to exceed $1,000.
12         (g)   Successful appeal by housing provider.--If a housing
13   provider appeals a requirement made in accordance with
14   subsection (f)(2) and the court overturns the requirement after
15   determining that the housing provider did not violate the
16   provisions of this article, the successful appeal shall be
17   grounds for the housing provider to evict the former applicant
18   if:
19               (1)   the former applicant resides in a rental dwelling
20         unit of the housing provider; and
21               (2)   the housing provider provides the former applicant
22         with at least 45 days' notice prior to the eviction.
23         (h)   Construction.--Nothing in this section shall bar,
24   exclude or otherwise affect any right or action which may exist
25   independently of any right or action under this section,
26   including any right or action under the act of October 27, 1955
27   (P.L.744, No.222), known as the Pennsylvania Human Relations
28   Act.
29   Section 211-A.        Rules and regulations.
30         The commission shall adopt or promulgate rules and

20250HB1492PN1746                          - 10 -
1   regulations necessary to carry out the purposes of this article.
2      Section 2.   This act shall take effect in six months.




20250HB1492PN1746                 - 11 -