by Cindy Daley, RHLS Senior Staff Attorney
Two bills have been introduced in the Pennsylvania House of Representatives that would make it easier for tenants with eviction or criminal records to find suitable places to live. Currently, most landlords decline rental applications from people who faced eviction or were involved with the criminal justice system at some point in their lives. The legislation defines when a landlord can see certain records and how they can use the information.
On the criminal side, Pennsylvania has partially addressed this problem through the ground-breaking Clean Slate laws that provide for expungement (removing from the record) of non-conviction records and sealing (preventing the public from seeing) many convictions that are five to ten years old. (For more information on Clean Slate see Community Legal Services’ “My Clean Slate PA” website.
But some records, even old ones, remain visible to landlords and that can be a problem. The best thing a landlord can do is see if a tenant is otherwise qualified for a rental before running a criminal background check, and if there is a criminal record, looking at how old it is and asking the applicant to explain the circumstances. (See RHLS’s flyers for tenants and landlords for more information.)
Rep. Siegel (D-Lehigh) introduced HB 1492 to limit landlords’ use of criminal records related to drug trafficking. The landlord would be prohibited from considering an arrest record that did not result in a conviction; relying on a conviction that has been sealed, expunged, pardoned, or vacated; or using a juvenile record. The bill also directs landlords to consider factors such as the age of the person when they committed the crime, how long ago the event occurred, what the person has done with their life since the conviction, and if the crime were to reoccur whether it would impact the safety of other tenants at the property.
Similar to criminal records, eviction records can haunt a person for years, even if the eviction complaint was withdrawn or settled, or if the case was decided in favor of the tenant. For many landlords, just having a complaint filed is a red flag that can result in the rental application being denied. (More information is available at https://clsphila.org/housing/eviction-records-hurt-pennsylvania-families/.)
Rep. Ismail Smith-Wade-El (D-Lancaster) introduced HB 1095 to seal eviction records after seven years. Tenants would not have to take any action. The bill directs court administrators to review records every month to determine which ones have reached the seven year mark then seal them.
HB 1095 was voted out of the House Housing and Community Development Committee by a vote of 23-3, showing broad bipartisan support. It is waiting for a vote by the full House and then it will need to be considered by the Senate. HB 1492 is still in the Housing and Community Development Committee.