Pennsylvania 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.

Bill Text

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
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
amending, revising, changing and consolidating the law
relating thereto," in creation of leases, statute of frauds
and mortgaging of leaseholds, providing for residential
rental application fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding a
section to read:
Section 207. Residential Rental Application Fees.--(a) A
landlord or a landlord's agent may not charge a fee in
connection with an application to enter into a rental agreement
for a residential dwelling unit in an amount greater than the
lesser of:
(1) the actual cost of a background check conducted under
subsection (b); or
(2) fifty dollars ($50).
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(b) A landlord or a landlord's agent may use a fee under
subsection (a) only to conduct a background check of an
applicant. A background check under this subsection shall be
limited to a criminal history record information check and a
credit check.
(c) A landlord may not adopt or enforce a policy that
excludes all applicants with a criminal history. In determining
whether an applicant's criminal history indicates a demonstrable
risk to the safety of residents or property, a landlord shall
make an individualized assessment and consider all of the
following:
(1) The nature and gravity of the offense.
(2) The duration of time that has elapsed since the
conviction.
(3) The duration of time that has elapsed since the
expiration or completion of the sentence.
(d) Any attempted waiver of this section by an applicant or
tenant by contract or otherwise shall be void and unenforceable.
(e) Nothing in this section shall be construed to prohibit
or require a person to charge a fee in connection with an
application to enter into a rental agreement for commercial or
other nonresidential property.
Section 2. This act shall take effect in 60 days.
20260SB1216PN1517 - 2 -
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