Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB549 Latest Draft

Bill / Introduced Version

                             
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 
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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 
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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.
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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 
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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.
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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.
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