PRINTER'S NO. 566 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.549 Session of 2025 INTRODUCED BY SAVAL, BARTOLOTTA, COSTA, SCHWANK, KEARNEY, FONTANA, COMITTA, STREET, HUGHES, HAYWOOD, MUTH, L. WILLIAMS, KANE AND CAPPELLETTI, APRIL 4, 2025 REFERRED TO JUDICIARY, APRIL 4, 2025 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. § 4331. Definitions. The following words and phrases when used in this subchapter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Disseminate." To transmit or disclose a court file in oral or written form 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 of court with the names of one of the parties or the case number and presents documentation to support a claim of 20250SB0549PN0566 - 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 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: (1) When seven or more years have elapsed since the filing date of the eviction case. 20250SB0549PN0566 - 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 (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) Dissemination prohibited.--A person may not disseminate any information contained in a limited access eviction file. This subsection does not apply to a defendant in an eviction 20250SB0549PN0566 - 4 - 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 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 filed on or after the effective date of this subsection. 20250SB0549PN0566 - 5 - 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 § 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. 20250SB0549PN0566 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12