Pennsylvania 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.

Bill Text

PRIOR PRINTER'S NOS. 1746, 2353 PRINTER'S NO. 2549
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1492
Session of
2025
INTRODUCED BY SIEGEL, WAXMAN, KHAN, HILL-EVANS, POWELL, RIVERA,
McNEILL, M. JONES, CEPHAS, CEPEDA-FREYTIZ, SANCHEZ, SCHWEYER,
WEBSTER AND K. 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
amending, revising, changing and consolidating the law
relating thereto," providing for use of criminal records to
screen tenants; imposing duties on the Pennsylvania Human
Relations Commission; and imposing penalties.
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 an
article to read:
ARTICLE II-A
USE OF CRIMINAL RECORDS TO SCREEN TENANTS
Section 201-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual who is considered, or requests to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

be considered, for tenancy within a rental dwelling unit.
"Commission." The Pennsylvania Human Relations Commission.
"Criminal record." Information about an individual collected
by criminal justice agencies consisting of identifiable
descriptions and notations of arrests, detentions, indictments,
criminal complaints or other formal criminal charges, and any
disposition arising therefrom, including acquittal, sentencing,
correctional supervision, release or conviction, including:
(1) A sentence arising from a verdict or plea of guilty
or nolo contendere.
(2) A sentence of incarceration.
(3) A suspended sentence.
(4) A sentence of probation.
(5) A sentence of conditional discharge.
"Housing provider." Any of the following:
(1) A landlord, owner, lessor, sublessor or assignee or
an agent of the landlord, owner, lessor, sublessor or
assignee.
(2) Any other person receiving or entitled to receive
rents or benefits for the use or occupancy of a rental
dwelling unit.
"Nondiscriminatory." Not discriminating against an applicant
based on actual or perceived race, color, religious creed,
ancestry, age, sex, national origin, non-job-related handicap or
disability or the use of a guide or support animal because of
the blindness, deafness or physical handicap of the user.
"Rental dwelling unit." A dwelling unit offered for rent by
a housing provider for residential purposes, other than a
dwelling unit in an owner-occupied premises of not more than
four dwelling units.
20250HB1492PN2549 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

Section 202-A. Consideration of criminal records.
(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) 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.
(b) Prohibited considerations.--A housing provider may not
consider any of the following in the criminal record of an
applicant regarding a criminal offense under 18 Pa.C.S. § 7508:
(1) An arrest or charge that did not result in a
criminal conviction.
(2) An expunged conviction.
(3) A conviction for which an executive pardon has been
granted.
(4) A conviction that has been vacated or otherwise
legally nullified.
(5) An adjudication of juvenile delinquency.
(6) A record that has been sealed.
Section 203-A. Assessment.
20250HB1492PN2549 - 3 -
<--<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

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.
§ 7508 (relating to drug trafficking sentencing and penalties)
contained in the criminal record of the applicant:
(1) The nature and severity of the criminal offense.
(2) The age of the applicant at the time of the
occurrence of the criminal offense.
(3) The time that has elapsed since the occurrence of
the criminal offense.
(4) Any information provided by