SB 1216 — An Act amending the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, in creation of leases, statute of frauds and mortgaging of leaseholds, providing for residential rental application fees.

PRINTER'S NO.       1517

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 1216
                                               Session of
                                                 2026

     INTRODUCED BY SCHWANK, LAUGHLIN, COSTA, HUGHES, HAYWOOD,
        COLLETT, MALONE, TARTAGLIONE, SAVAL, COMITTA, KEARNEY,
        SANTARSIERO AND CAPPELLETTI, MARCH 18, 2026

     REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 18, 2026


                                     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," in creation of leases, statute of frauds
 6      and mortgaging of leaseholds, providing for residential
 7      rental application fees.
 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 a
12   section to read:
13      Section 207.    Residential Rental Application Fees.--(a)    A
14   landlord or a landlord's agent may not charge a fee in
15   connection with an application to enter into a rental agreement
16   for a residential dwelling unit in an amount greater than the
17   lesser of:
18      (1)   the actual cost of a background check conducted under
19   subsection (b); or
20      (2)   fifty dollars ($50).
 1      (b)   A landlord or a landlord's agent may use a fee under
 2   subsection (a) only to conduct a background check of an
 3   applicant. A background check under this subsection shall be
 4   limited to a criminal history record information check and a
 5   credit check.
 6      (c)   A landlord may not adopt or enforce a policy that
 7   excludes all applicants with a criminal history. In determining
 8   whether an applicant's criminal history indicates a demonstrable
 9   risk to the safety of residents or property, a landlord shall
10   make an individualized assessment and consider all of the
11   following:
12      (1)   The nature and gravity of the offense.
13      (2)   The duration of time that has elapsed since the
14   conviction.
15      (3)   The duration of time that has elapsed since the
16   expiration or completion of the sentence.
17      (d)   Any attempted waiver of this section by an applicant or
18   tenant by contract or otherwise shall be void and unenforceable.
19      (e)   Nothing in this section shall be construed to prohibit
20   or require a person to charge a fee in connection with an
21   application to enter into a rental agreement for commercial or
22   other nonresidential property.
23      Section 2.   This act shall take effect in 60 days.




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