HB 1769 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in dockets, indices and other records, providing for limited access to eviction information.

PRIOR PRINTER'S NO.

2769 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

17693673 2024THE INTRODUCEDGENERAL BYASSEMBLY SMITH-WADE-EL,OF FIEDLER,PENNSYLVANIA HARRIS,HOUSE KRAJEWSKI,BILL WAXMAN,Session HILL-EVANS,of KENYATTA,No. BURGOS, SANCHEZ, MADDEN, KHAN, HOHENSTEIN, N.

1769 2024 INTRODUCED BY SMITH-WADE-EL, FIEDLER, J.HARRIS, KRAJEWSKI, WAXMAN, HILL-EVANS, KENYATTA, BURGOS, SANCHEZ, MADDEN, KHAN, HOHENSTEIN, N.

BROWN, ABNEY, CEPHAS, KAZEEM, OTTEN, BOYD, SALISBURY, ROZZI, MAYES, KINKEAD, BULLOCK, GIRALGIRAL, WARREN, FRANKEL AND WARREN,O'MARA, MARCH 25, 2024 REFERREDAS TOREPORTED FROM COMMITTEE ON JUDICIARY, MARCHHOUSE 25,OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2024 AN ACT AmePennsylvaniaAmending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in dockets, indices and other records, providing for limited access to eviction information.

"Disseminate." The oral or written transmission or disclosure of a court file OR ANY PORTION OF A COURT FILE to <-- individuals or agencies other than the court that retains the information.

20240HB1769PN3673 - 2 - (2) an occupant of the premises who provides the clerk 20240HB1769PN2769<-- -of 2court -APPROPRIATE ofCOUNTY courtOFFICE with the names of one of <-- the parties or the case number and presents documentation to support a claim of occupancy;

(4) an attorney, law firm or legal organization OR <-- PERSON ACTING ON BEHALF OF AN ATTORNEY seeking to review a court file for purposes of evaluating possible legal advice or considering providing legal representation to a party to the eviction case or an occupant of the premises at issue in the eviction case, but in no case for an alternative commercial or business purpose under this paragraph;

or (6) other parties or entities if the parties to the eviction case agree IN WRITING TO THE SATISFACTION OF THE <-- COURT that the limited access eviction file may be disseminated.

(c) Limited access eviction file.--Within 180 days of the <-- effective date of this subsection, and on a monthly basis 20240HB1769PN3673 - 3 - thereafter, courts shall automatically place under limited access all eviction information:

20240HB1769PN2769 - 3 - (1) When seven or more years have elapsed since the filing date of the eviction case.

(e)(C) Disclosure.--AnLIMITED individualACCESS mayEVICTION notFILE.--SUBJECT beTO requiredSECTION or4334 asked<-- to(RELATING discloseTO informationPROCEDURES), aboutEVICTION aCASE limitedINFORMATION accessIN evictionALL file.CASES SHALL BE PLACED UNDER LIMITED ACCESS AFTER SEVEN YEARS HAVE ELAPSED SINCE THE FILING DATE OF THE EVICTION CASE.

(e) (D) Disclosure.--An individual may not be required or <-- asked to disclose information about a limited access eviction file.

This subsection shall not apply if Federal law, including rules and regulations, requires the consideration of information contained in a limited access 20240HB1769PN3673 - 4 - eviction file.

(f) (E) Applicability.--Except as provided under subsection <-- (c), this section applies to eviction cases filed on or after the effective date of this subsection.

(a) General rule.--A person may not disseminate any 20240HB1769PN2769 - 4 - information contained in a limited access eviction file.

(d) Violation.--A violation of subsection (b) or (c) <-- constitutes an unlawful practice under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

(f) Recovery.--If a person violates this section, the tenant 20240HB1769PN3673 - 5 - or occupant has the right to recover an amount equal to and not more than two months' rent or twice the damages sustained, whichever is greater, and reasonable attorney fees.

(g)(D) Construction.--NothingPRIVATE inCAUSE thisOF sectionACTION.--A shallTENANT prohibitOR theRESIDENT disseminationMAY ofBRING information<-- regardingA aPRIVATE moneyCAUSE judgmentOF forACTION theSEEKING soleCOMPLIANCE purposeWITH ofTHIS collection.SECTION, IN WHICH THE TENANT OR RESIDENT HAS THE RIGHT TO RECOVER AN AMOUNT EQUAL TO AND NOT MORE THAN TWO MONTHS' RENT OR $5,000, WHICHEVER IS GREATER, AND REASONABLE ATTORNEY FEES.

(h)(g) Applicability.--This(E) sectionConstruction.--Nothing appliesin tothis ansection evictionshall case<-- 20240HB1769PN2769prohibit -the 5dissemination -of filedinformation onregarding ora aftermoney judgment for the effectivesole datepurpose of thiscollection. subsection.

(h) (F) Applicability.--This section applies to an eviction <-- case filed on or after the effective date of this subsection.

(G) WAIVER.--THE RIGHTS AND DUTIES ENUMERATED IN THIS <-- SECTION MAY NOT BE WAIVED BY ANY PROVISIONS OF A WRITTEN OR ORAL AGREEMENT.

ANY AGREEMENT ATTEMPTING TO LIMIT RIGHTS UNDER THIS SECTION SHALL BE VOID AND UNENFORCEABLE IN THE COURTS OF THIS COMMONWEALTH.

Each court shall issue monthly, and provide to the <-- Administrative Office, a list of all court files to which the court has limited access within the previous 31 days in accordance with section 4332(c) (relating to eviction case limited access).

(A) CASE IDENTIFICATION.--ON A MONTHLY BASIS, THE <-- 20240HB1769PN3673 - 6 - MAGISTERIAL DISTRICT COURT AND PROTHONOTARY SHALL IDENTIFY ALL EVICTION CASE COURT FILES ELIGIBLE FOR LIMITED ACCESS IN ACCORDANCE WITH SECTION 4332(C) (RELATING TO EVICTION CASE LIMITED ACCESS).

WITHIN 20 DAYS, EACH COURT OF COMMON PLEAS SHALL ISSUE AN ORDER FOR LIMITED ACCESS TO ANY EVICTION CASE FILE IN ITS JUDICIAL DISTRICT FOR WHICH LIMITED ACCESS SHALL BE GIVEN UNDER SECTION 4332(C).

(B) TRANSMISSION.--THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS SHALL QUARTERLY TRANSMIT TO AN ENTITY THAT REGULARLY COLLECTS AND DISSEMINATES COURT RECORDS A LIST OF ANY EVICTION CASE FILE FOR WHICH LIMITED ACCESS HAS BEEN GIVEN AND TO WHICH THE ADMINISTRATIVE OFFICE HAS ACCESS.

THIS SUBSECTION SHALL NOT BE INTERPRETED TO REQUIRE THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS TO PROVIDE OR UPDATE EVICTION CASE FILE INFORMATION FOR CASES FOR WHICH AN APPEAL HAS BEEN FILED WITH THE COURT OF COMMON PLEAS.

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