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.NOS.

17461746, 2353 PRINTER'S NO.

23532549 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

JONES, CEPHAS, CEPEDA-FREYTIZCEPEDA-FREYTIZ, AND SANCHEZ, MAYSCHWEYER, 19,WEBSTER 2025 AS REPORTED FROM COMMITTEE ON HOUSING AND COMMUNITYK. DEVELOPMENT, HOUSE OF 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;

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 relating thereto," providing for use of criminal records to screen tenants;

20250HB1492PN235320250HB1492PN2549 - 2 - Section 202-A.

(a) Permissible considerations.--Exceptconsiderations.-- (1) 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 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) EXCEPTExcept ASas PROVIDEDprovided INin SUBSECTIONsubsection (B),(b), NOTHINGnothing INin <--this THISsection SECTIONshall SHALLbe BEconstrued CONSTRUEDto TOlimit LIMITa Ahousing HOUSINGprovider's PROVIDER'Sability ABILITYto TOconsider CONSIDERother OTHERmaterial MATERIALfactors FACTORSin INaccordance ACCORDANCEwith WITHFederal FEDERALor ORState STATElaw, LAW,including INCLUDINGcriminal CRIMINALrecords RECORDSwhere WHEREthe THElandlord LANDLORDhas HASa Asubstantial, SUBSTANTIAL,legitimate LEGITIMATEand ANDnondiscriminatory NONDISCRIMINATORYinterest, INTEREST,such SUCHas ASconvictions CONVICTIONSinvolving INVOLVINGviolent VIOLENTcrimes, CRIMES,significant SIGNIFICANTproperty PROPERTYdamage DAMAGEor ORsexual SEXUALoffenses. OFFENSES.

20250HB1492PN235320250HB1492PN2549 - 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.

A housing provider shall apply the standards established 20250HB1492PN235320250HB1492PN2549 - 4 - under sections 202-A, 203-A and 204-A to each applicant in a nondiscriminatory manner.

§ 20250HB1492PN235320250HB1492PN2549 - 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 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.

(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.

(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.

20250HB1492PN2549 - 6 - (a) Data.--The commission shall maintain data on the number of complaints filed in accordance with this article, which must include the following:

(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.

(3) Upon the filing of a complaint against a housing provider by an applicant, the commission shall make a good 20250HB1492PN2549 - 7 - faith effort to provide notice to the housing provider of the alleged violation.

(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.

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

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

A (relating to judicial review of 20250HB1492PN2549 - 8 - Commonwealth agency action), a final decision by the commission issued in accordance with this section.

(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.

20250HB1492PN2549 - 9 - (ii) Communicate in writing to the housing provider's employees and agents their obligations under this article.

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:

(G)(g) NOTWITHSTANDINGNotwithstanding ANYany OTHERother PROVISIONprovision OFof THISthis ARTICLE,article, Aa <--housing HOUSINGprovider PROVIDERis ISnot NOTsubject SUBJECTto TOany ANYpenalty PENALTYfor FORa Aviolation VIOLATIONof OFthis THISarticle ARTICLEif IFthe THEprovider, PROVIDER,either EITHERprior PRIORto TOor ORwithin WITHIN 14 DAYS20250HB1492PN2549 FOLLOWING- RECEIPT10 OF- WRITTENdays NOTICEfollowing OFreceipt THEof ALLEGEDwritten VIOLATIONnotice UNDERof THISthe SECTION,alleged TAKESviolation ONEunder ORthis MOREsection, OFtakes THEone FOLLOWINGor REMEDIALmore ACTIONS:of the following remedial actions:

(1) IFif THEthe VIOLATIONviolation INVOLVESinvolves THEthe WRONGFULwrongful REJECTIONrejection OFof ANan APPLICANT,applicant, THEthe HOUSINGhousing PROVIDERprovider ACCEPTSaccepts THEthe PREVIOUSLYpreviously REJECTEDrejected APPLICANTapplicant FORfor THEthe UNITunit INin QUESTION,question, PROVIDEDprovided THEthe UNITunit REMAINSremains AVAILABLEavailable ANDand THEthe APPLICANTapplicant REMAINSremains QUALIFIED;qualified;

20250HB1492PN2353 - 10 - (2) IFif THEthe UNITunit ORIGINALLYoriginally APPLIEDapplied FORfor ISis NOno LONGERlonger AVAILABLE,available, THEthe HOUSINGhousing PROVIDERprovider AGREESagrees TOto OFFERoffer THEthe NEXTnext AVAILABLEavailable UNITunit FORfor WHICHwhich THEthe APPLICANTapplicant ISis QUALIFIED;qualified;

ORor (3) IFif THEthe VIOLATIONviolation ARISESarises FROMfrom Aa POLICYpolicy ORor PRACTICE,practice, THEthe HOUSINGhousing PROVIDERprovider MODIFIESmodifies ORor DISCONTINUESdiscontinues THEthe POLICYpolicy ORor PRACTICEpractice THATthat CAUSEDcaused THEthe VIOLATION.violation.

(g)(h) (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) (I) Construction.--Nothing in this section shall BEbe <--construed CONSTRUEDto 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.

20250HB1492PN2549 - 11 - Section 211-A.

SECTIONSection 212-A.

EXEMPTION.Exemption.

<--The THEprovisions PROVISIONSof OFthis THISarticle ARTICLEdo DOnot NOTapply APPLYto TOa Ahousing HOUSINGprovider PROVIDERthat THATowns OWNSor ORoperates OPERATES 10 ORor LESSless RENTALrental DWELLINGdwelling UNITSunits INin THISthis COMMONWEALTH.Commonwealth.

20250HB1492PN2353 - 11 - Section 2.

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