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.

PRIOR PRINTER'S NO.

1746 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2353 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

JONES, CEPHAS, CEPEDA-FREYTIZ AND SANCHEZ, MAY 19, 2025 ASREFERRED REPORTEDTO FROM COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT, HOUSEMAY OF21, REPRESENTATIVES, AS AMENDED, SEPTEMBER 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 relating thereto," providing for use of criminal records to screen tenants;

20250HB1492PN235320250HB1492PN1746 - 2 - Section 202-A.

(a) Permissible considerations.--Except as provided in <-- (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 under 18 Pa.C.S.

(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.

20250HB1492PN2353 - 3 - 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.

(3) The time that has elapsed since the occurrence of 20250HB1492PN1746 - 3 - the criminal offense.

A housing provider shall apply the standards established 20250HB1492PN2353 - 4 - under sections 202-A, 203-A and 204-A to each applicant in a nondiscriminatory manner.

20250HB1492PN1746 - 4 - (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:

§ 20250HB1492PN2353 - 5 - 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 decision to rent or lease to an individual who has a criminal record regarding an offense under 18 Pa.C.S.

(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 20250HB1492PN1746 - 5 - with a conviction for an offense under 18 Pa.C.S.

(b) Publication.-- 20250HB1492PN2353 - 6 - (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 20250HB1492PN1746 - 6 - requirements made by the commission in accordance with section 210-A(a)(3)(ii).

(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 20250HB1492PN2353 - 7 - notice.

20250HB1492PN1746 - 7 - (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.

(2) May require the housing provider to take one or more of the actions authorized by subsection (e)(e). (F).

<-- (d) Appeals generally.-- (1) A housing provider may appeal, in accordance with 2 Pa.C.S.

(ii) May not appeal a decision by the commission not 20250HB1492PN2353 - 8 - to investigate the complaint.

(1) An amount not to exceed $1,000 $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 20250HB1492PN1746 - 8 - provider has committed one other violation within the five- year period ending on the date of the filing of the complaint.

20250HB1492PN2353 - 9 - (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:

(iii) Provide the same or a similar rental dwelling 20250HB1492PN1746 - 9 - unit on the same terms as the prior offer, if:

(G)(g) NOTWITHSTANDINGSuccessful ANYappeal OTHERby PROVISIONhousing OFprovider.--If THISa ARTICLE,housing Aprovider <--appeals HOUSINGa PROVIDERrequirement ISmade NOTin SUBJECTaccordance TOwith ANYsubsection PENALTY(f)(2) FORand Athe VIOLATIONcourt OFoverturns THISthe ARTICLErequirement IFafter THEdetermining PROVIDER,that EITHERthe PRIORhousing TOprovider ORdid WITHINnot 14violate DAYSthe FOLLOWINGprovisions RECEIPTof OFthis WRITTENarticle, NOTICEthe OFsuccessful THEappeal ALLEGEDshall VIOLATIONbe UNDERgrounds THISfor SECTION,the TAKEShousing ONEprovider ORto MOREevict OFthe THEformer FOLLOWINGapplicant REMEDIALif: 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;

20250HB1492PN2353 - 10 - (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.

(g) (H) Successful appeal by housing provider.--If 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:

(h) (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.

The commission shall adopt or promulgate rules and 20250HB1492PN1746 - 10 - regulations necessary to carry out the purposes of this article.

SECTIONSection 212-A.2.

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.

20250HB1492PN2353 - 11 - Section 2.

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