PRINTER'S NO. 2769
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1769
Session of
2024
INTRODUCED BY SMITH-WADE-EL, FIEDLER, HARRIS, KRAJEWSKI, WAXMAN,
HILL-EVANS, KENYATTA, BURGOS, SANCHEZ, MADDEN, KHAN,
HOHENSTEIN, N. NELSON, POWELL, SCOTT, SIEGEL, CEPEDA-FREYTIZ,
BOROWSKI, STURLA, DALEY, D. WILLIAMS, STEELE, GREEN,
A. BROWN, ABNEY, CEPHAS, KAZEEM, OTTEN, BOYD, SALISBURY,
ROZZI, MAYES, KINKEAD, BULLOCK, GIRAL AND WARREN,
MARCH 25, 2024
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2024
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in dockets, indices and
other records, providing for limited access to eviction
information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 43 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
LIMITED ACCESS TO EVICTION INFORMATION
Sec.
4331. Definitions.
4332. Eviction case limited access.
4333. Prohibition on disclosure of information in limited
access eviction file.
4334. Procedures.
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§ 4331. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Disseminate." The oral or written transmission or
disclosure of a court file to individuals or agencies other than
the court that retains the information.
"Eviction case." An action brought under Article V of the
act of April 6, 1951 (P.L.69, No.20), known as The Landlord and
Tenant Act of 1951.
"Eviction information." Information collected by the court
arising from the initiation of an eviction case consisting of
identifiable descriptions and dates of parties involved in the
eviction case, documents filed in the eviction case and
information or record of activity associated with the eviction
case.
"Limited access eviction file." Eviction information barred
from dissemination.
§ 4332. Eviction case limited access.
(a) General rule.--Except as provided under subsection (b),
a court or the Administrative Office may not disseminate to an
individual or post on an Internet website a limited access
eviction file unless a final disposition of the case in favor of
the plaintiff is present and the case is less than seven years
old.
(b) Exception.--A court may disseminate a limited access
eviction file in the following circumstances to:
(1) a party to the eviction case, including a party's
attorney;
(2) an occupant of the premises who provides the clerk
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of court with the names of one of the parties or the case
number and presents documentation to support a claim of
occupancy;
(3) a person that, upon a showing of good cause, obtains
a court order to access a limited access eviction file;
(4) an attorney, law firm or legal organization seeking
to review a court file for purposes of evaluating possible
legal advice or considering providing legal representation to
a party to the eviction case or an occupant of the premises
at issue in the eviction case, but in no case for an
alternative commercial or business purpose under this
paragraph;
(5) a nonprofit entity or educational institution
seeking court files exclusively for research purposes that
are in no way connected to commercial activities. In addition
to the prohibitions under section 4333 (relating to
prohibition on disclosure of information in limited access
eviction file), court files requested for research purposes
under this paragraph shall not be furnished by the nonprofit
entity or educational institution to any outside
organizations and the nonprofit entity or educational
institution may not publish any individual tenant names in
public reports or other communications; or
(6) other parties or entities if the parties to the
eviction case agree that the limited access eviction file may
be disseminated.
(c) Limited access eviction file.--Within 180 days of the
effective date of this subsection, and on a monthly basis
thereafter, courts shall automatically place under limited
access all eviction information:
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(1) When seven or more years have elapsed since the
filing date of the eviction case.
(2) If a court vacates a judgment or marks a judgment
satisfied.
(3) If a court opens or sets aside a default judgment
and enters a disposition that is subject to limited access
under subsection (a).
(d) Satisfaction of judgment.--If a tenant pays a money
judgment in full or leaves the property after a judgment only
for possession has been entered but on or before the ordered or
agreed-upon move-out date, or both pays a money judgment in full
and leaves the property on or before the ordered or agreed-upon
move-out date if a money judgment and a judgment for possession
are entered, the landlord shall, within 30 days, either notify
the court to mark the judgment satisfied or provide the tenant
with all documentation required by the court to mark the
judgment satisfied.
(e) Disclosure.--An individual may not be required or asked
to disclose information about a limited access eviction file. An
individual required or asked to provide information in violation
of this subsection may respond as if the limited access eviction
file does not exist. This subsection shall not apply if Federal
law, including rules and regulations, requires the consideration
of information contained in a limited access eviction file.
(f) Applicability.--Except as provided under subsection (c),
this section applies to eviction cases filed on or after the
effective date of this subsection.
§ 4333. Prohibition on disclosure of information in limited
access eviction file.
(a) General rule.--A person may not disseminate any
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information contained in a limited access eviction file. This
subsection does not apply to a defendant in an eviction case.
(b) Furnishing information.--A person that regularly and in
the ordinary course of business furnishes information to a
consumer reporting agency, including a tenant screening service,
and has furnished information that the person knows or
reasonably should know, is contained in a limited access
eviction file, shall promptly notify the consumer reporting
agency of that determination and shall cease furnishing
information contained in the limited access eviction file.
(c) Disclosure prohibited.--A consumer reporting agency,
including a tenant screening service, shall not disclose the
existence of a limited access eviction file in a report or
communication or consider the limited access eviction file as a
factor to determine any score or recommendation to be included
in any consumer report, including a tenant screening report.
(d) Violation.--A violation of subsection (b) or (c)
constitutes an unlawful practice under the act of December 17,
1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law.
(e) Private cause of action.--A tenant or occupant may bring
a private cause of action seeking compliance with this section.
(f) Recovery.--If a person violates this section, the tenant
or occupant has the right to recover an amount equal to and not
more than two months' rent or twice the damages sustained,
whichever is greater, and reasonable attorney fees.
(g) Construction.--Nothing in this section shall prohibit
the dissemination of information regarding a money judgment for
the sole purpose of collection.
(h) Applicability.--This section applies to an eviction case
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filed on or after the effective date of this subsection.
§ 4334. Procedures.
Each court shall issue monthly, and provide to the
Administrative Office, a list of all court files to which the
court has limited access within the previous 31 days in
accordance with section 4332(c) (relating to eviction case
limited access). The Administrative Office shall quarterly
transmit to an entity that regularly collects and disseminates
court records, including data brokerage, consumer reporting or
tenant screening agencies, a list of all limited access eviction
files to which a court has limited access within the previous
quarter in accordance with section 4332(c).
Section 2. This act shall take effect in 180 days.
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