PRINTER'S NO. 655
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.643
Session of
2025
INTRODUCED BY SAVAL, STREET, KEARNEY, SCHWANK, HUGHES, COMITTA,
KANE, HAYWOOD, MUTH, L. WILLIAMS, CAPPELLETTI, COSTA AND
TARTAGLIONE, APRIL 21, 2025
REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 21, 2025
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"An act prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or
national origin by employers, employment agencies, labor
organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's
Office; defining its functions, powers and duties; providing
for procedure and enforcement; providing for formulation of
an educational program to prevent prejudice; providing for
judicial review and enforcement and imposing penalties,"
further providing for definitions; prohibiting use of
criminal history and retaliation relating to use of criminal
history; providing for notice to prospective occupants and
tenants relating to use of criminal history and for
exclusions and other legal requirements relating to use of
criminal history; and further providing for procedure and for
civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended by adding clauses to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
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25 (bb) The term "accessory dwelling unit" means one or more
rooms that are located within a principle residence, or within
an accessory structure on the same lot as a principal residence,
that is designed, arranged and intended to be occupied by not
more than one household as living accommodations independent
from any other household and is so occupied or vacant.
(cc) The term "adverse action" means:
(1) refusing to engage in or negotiate a rental real estate
transaction;
(2) denying tenancy;
(3) representing that a housing accommodation is not
available for inspection, rental or lease when in fact it is so
available;
(4) failing or refusing to add a household member to an
existing lease;
(5) expelling or evicting, or threatening to expel or evict,
an occupant from a housing accommodation or otherwise making
unavailable or denying a housing accommodation;
(6) creating conditions that make a housing accommodation
uninhabitable or unsafe for an occupant;
(7) applying different terms, conditions or privileges to a
rental real estate transaction, including, but not limited to,
the setting of rates for rental or lease, establishment of
damage deposits or other financial conditions for rental or
lease or in the furnishing of facilities or services in
connection with the transaction;
(8) refusing or intentionally failing to list a housing
accommodation for rent or lease;
(9) refusing or intentionally failing to show a housing
accommodation listed for rent or lease;
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30 (10) refusing or intentionally failing to accept or transmit
a reasonable offer to lease or rent a housing accommodation;
(11) terminating a lease; or
(12) threatening, penalizing, retaliating or otherwise
discriminating against an individual for any reason prohibited
by section 5.4.
(dd) The term "arrest record" means information indicating
that a person has been apprehended, detained, taken into
custody, held for investigation or restrained by a law
enforcement department, military authority or United States
Immigration and Customs Enforcement due to an accusation or
suspicion that the person committed a crime. The term includes a
pending criminal charge where the accusation has not yet
resulted in a final judgment, disposition, adjudication,
acquittal, conviction, plea, dismissal or withdrawal.
(ee) The term "consumer report" means a written, oral or
other communication of information by a consumer reporting
agency bearing on a consumer's creditworthiness, credit standing
or credit capacity.
(ff) The term "consumer reporting agency" means a person
which, for monetary fees, dues or on a cooperative nonprofit
basis, regularly engages in whole or in part in the practice of
assembling or evaluating consumer credit information or other
information on consumers for the purpose of furnishing consumer
reports to third parties.
(gg) The term "conviction record" means information
regarding a finding or verdict of guilty, an adjudication of
delinquency whether deferred or otherwise, a final disposition
of a summary offense, an admission of guilt or a plea of nolo
contendere.
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30 (hh) The term "criminal history" has the same meaning as
criminal history record information in 18 Pa.C.S. ยง 9102
(relating to definitions).
(ii) The term "fair chance housing" means a practice that
reduces barriers to housing accommodations for persons with
criminal histories in accordance with section 5.4.
(jj) The term "landlord" means a person that owns, manages
or operates a housing accommodation for rent or a housing
accommodation that is offered or advertised as available for
rent.
(kk) The term "legitimate business reason" means a reason
that exists when a policy or practice is necessary to protect
resident safety or to protect property, in light of the
following factors:
(1) The nature and the severity of the offense underlying
the conviction as indicated by the Commonwealth through such
techniques as gradation and gravity score.
(2) The time that has elapsed since the date of conviction,
provided that the landlord may not consider a conviction that
occurred more than two years prior to the adverse action as a
factor supporting a legitimate business reason for taking an
adverse action. For purposes of this subclause, the term
"conviction" means a finding of guilt or a plea of guilty or
nolo contendere, whether or not a judgment of sentence has been
imposed as determined by the law of the jurisdiction in which
the prosecution was held, except that the term does not include
a conviction that has been expunged or overturned or for which
an individual has been pardoned or an order of accelerated
rehabilitative disposition.
(3) Supplemental information related to the person's
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30 rehabilitation, good conduct and additional facts or
explanations provided by the person, if the person chooses to do
so. For purposes of this subclause, review of conviction
information is limited to those convictions included in registry
information.
(ll) The term "minor" means an individual under the age of
18 years.
(mm) The term "prospective occupant" means a person who
seeks to lease, sublease or rent a housing accommodation.
(nn) The term "registry information" means information
solely obtained from a county, statewide or national sex
offender registry, including a registrant's physical
description, address and conviction description and dates.
(oo) The term "supplemental information" means information
produced by a prospective occupant or tenant, or produced on the
individual's behalf, with respect to the individual's
rehabilitation or good conduct, including:
(1) written or oral statement from the prospective occupant
or the tenant;
(2) written or oral statement from a current or previous
employer;
(3) written or oral statement from a current or previous
landlord;
(4) written or oral statement from a member of the judiciary
or law enforcement, parole or probation officer or person that
provides similar services;
(5) written or oral statement from a member of the clergy,
counselor, therapist, social worker, community or volunteer
organization or person or institution that provides similar
services;
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30 (6) certificate of rehabilitation;
(7) certificate of completion or enrollment in an
educational or vocational training program, including an
apprenticeship program; or
(8) certificate of completion or enrollment in a drug or
alcohol treatment program or certificate of completion or
enrollment in a rehabilitation program.
(pp) The term "tenant" means an individual who occupies or
holds possession of a housing accommodation according to a
rental agreement.
Section 2. The act is amended by adding sections to read:
Section 5.4. Prohibited Use of Criminal History.--(a) It is
an unlawful discriminatory practice for any person to:
(1) Advertise, publicize or implement a policy or practice
that automatically or categorically excludes individuals with an
arrest record, conviction record, conditions of sentence or
criminal history from a housing accommodation offered for rent
or lease.
(2) Require disclosure, inquire about or take an adverse
action against a prospective occupant, a tenant or a member of
their household, based on an arrest record, conviction record,
or criminal history, except for information under paragraph (3)
and subject to the exclusions and legal requirements in section
5.7.
(3) Carry out an adverse action based on registry
information of a prospective adult occupant, an adult tenant or
an adult member of their household, unless the landlord has a
legitimate business reason for taking the action.
(4) Carry out an adverse action based on registry
information regarding a prospective occupant who is a minor, a
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30 minor tenant or a minor member of their household.
(5) Carry out an adverse action based on registry
information regarding a prospective occupant who is an adult, an
adult tenant or an adult member of their household if the
conviction occurred when the individual was a minor or a minor
tried as an adult.
(b) If a landlord takes an adverse action based on a
legitimate business reason, the landlord shall provide written
notice by email, mail or in person of the adverse action to the
prospective occupant or the tenant and state the specific
registry information that was the basis for the adverse action.
If a prospective occupant provides supplemental information
regarding rehabilitation, the landlord must explain why, in
light of the supplemental information, a legitimate business
reason remains.
(c) If a consumer report is used by a landlord as part of
the screening process, the landlord must provide a free copy of
the consumer report to the prospective occupant or tenant in the
event of a denial or other adverse action, and the landlord must
provide the prospective occupant or tenant with an opportunity
to dispute the accuracy of information appearing in the consumer
report.
Section 5.5. Retaliation Prohibited Relating to Use of
Criminal History.--(a) It is an unlawful discriminatory
practice for any person to:
(1) Interfere with, restrain or deny the exercise of, or the
attempt to exercise, a right protected under section 5.4.
(2) Take adverse action against another person because the
other person exercised in good faith the rights protected under
section 5.4. The rights include the following:
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30 (i) The right to fair chance housing accommodations and
regulation of the use of criminal history under section 5.4.
(ii) The right to make inquiries about the rights protected
under section 5.4.
(iii) The right to inform others about their rights under
section 5.4.
(iv) The right to inform the person's legal counsel or
another person about an alleged violation of section 5.4.
(v) The right to file an oral or written complaint with the
Commission for an alleged violation of section 5.4.
(vi) The right to cooperate with the Commission in its
investigations of section 5.4.
(vii) The right to testify in a proceeding under or related
to section 5.4.
(viii) The right to refuse to participate in an activity
that would result in a violation of section 5.4.
(ix) The right to oppose any policy, practice or act that is
unlawful under section 5.4.
(3) Communicate to another person exercising rights
protected under this section, directly or indirectly, the
willingness to inform a government employee that the other
person is not lawfully in the United States or to report, or to
make an implied or express assertion of a willingness to report,
suspected citizenship or immigration status of a prospective
occupant, a tenant or a member of their household to a Federal,
State or local agency because the prospective occupant or tenant
has exercised a right under this section or section 5.4.
(4) Communicate to another person exercising rights
protected under this section, directly or indirectly, the
willingness to take an action so as to cause an issue with the
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30 other person's probation or parole through contacting a person
responsible for the other person's supervision.
(b) It shall be a rebuttable presumption of retaliation if a
landlord or person takes an adverse action against another
person within 90 days of the other person's exercise of rights
protected under this section. The landlord or person who took
the adverse action may rebut the presumption with clear and
convincing evidence that the adverse action was taken for a
permissible purpose.
(c) Proof of retaliation under this section shall be
sufficient upon a showing that a landlord or person has taken an
adverse action against another person and the other person's
exercise of rights protected under this section was a motivating
factor in the adverse action, unless the landlord or person who
took the adverse action can prove that the action would have
been taken in the absence of the protected activity.
(d) The protections afforded under this section shall apply
to a person who mistakenly, but in good faith, alleges
violations of this section and section 5.4.
(e) A complaint or other communication by any person
triggers the protections of this section regardless of whether
the complaint or communication is in writing or makes explicit
reference to this section or section 5.4.
Section 5.6. Notice to Prospective Occupants and Tenants
Relating to Use of Criminal History.--(a) A landlord shall
provide written notice to prospective occupants and tenants that
the landlord is prohibited from requiring disclosure, asking
about, rejecting an applicant or taking adverse action based on
an arrest record, conviction record or criminal history, except
for information under section 5.4(a)(3) and subject to the
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30 exclusions and legal requirements in section 5.7.
(b) If the landlord uses a criminal history record check on
a prospective occupant or tenant for information under section
5.4(a)(3), the landlord must provide a free copy of the criminal
history record check to the prospective tenant or occupant.
(c) If a landlord screens prospective occupants under
section 5.4(a)(3), the landlord must provide notice of an
applicant's ability to provide supplemental information related
to the applicant's rehabilitation, good conduct and facts or
explanations regarding the applicant's registry information.
(d) The Commission shall adopt a rule or rules to enforce
this section.
Section 5.7. Exclusions and Other Legal Requirements
Relating to Use of Criminal History.--(a) Sections 5.4 and 5.5
shall not be interpreted or applied to diminish or conflict with
a requirement of Federal or State law. In the event of a
conflict, the Federal or State law requirement shall supersede
the requirements of this section.
(b) Sections 5.4 and 5.5 shall not apply to the renting,
subrenting, leasing or subleasing of the personal residence of
the landlord.
(c) Sections 5.4 and 5.5 shall not apply to the renting,
subrenting, leasing or subleasing of an accessory dwelling unit
or detached accessory dwelling unit in which the owner or person
entitled to possession maintains a bona fide residence, home or
abode on the same lot.
(d) Sections 5.4 and 5.5 shall not be construed to
discourage or prohibit a landlord from adopting screening
policies that are more generous to prospective occupants and
tenants than the requirements of those sections.
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30 Section 3. Sections 9(f)(1) and (2) introductory paragraph,
(f.1) and (f.2) and 9.3 of the act are amended to read:
Section 9. Procedure.--* * *
(f) (1) If, upon all the evidence at the hearing, the
Commission shall find that a respondent has engaged in or is
engaging in any unlawful discriminatory practice as defined in
this act, the Commission shall state its findings of fact, and
shall issue and cause to be served on such respondent an order
requiring such respondent to cease and desist from such unlawful
discriminatory practice and to take such affirmative action,
including, but not limited to, reimbursement of certifiable
travel expenses in matters involving the complaint, compensation
for loss of work in matters involving the complaint, hiring,
reinstatement or upgrading of employes, with or without back
pay, admission or restoration to membership in any respondent
labor organization, the making of reasonable accommodations, or
selling or leasing specified housing accommodations or
commercial property upon such equal terms and conditions and
with such equal facilities, services and privileges or lending
money, whether or not secured by mortgage or otherwise for the
acquisition, construction, rehabilitation, repair or maintenance
of housing accommodations or commercial property, upon such
equal terms and conditions to any person discriminated against
or all persons, and any other verifiable, reasonable out-of-
pocket expenses caused by such unlawful discriminatory practice,
provided that, in those cases alleging a violation of section
5(d), (e) or (h) or 5.3 where the underlying complaint is a
violation of section 5(h) or 5.3 , or in those cases alleging a
violation of section 5.4 or 5.5 , the Commission may award actual
damages, including damages caused by humiliation and
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30 embarrassment, as, in the judgment of the Commission, will
effectuate the purposes of this act, and including a requirement
for report of the manner of compliance.
(2) Such order may also assess a civil penalty against the
respondent in a complaint of discrimination filed under sections
5(h) [or], 5.3, 5.4 or 5.5:
* * *
(f.1) If, upon all the evidence at the hearing, in those
cases alleging a violation of section 5(d), (e), (h) or 5.3
where the underlying complaint is a violation of section 5(h) or
5.3, or in those cases alleging a violation of section 5.4 or
5.5, the Commission finds that a respondent has engaged in or is
engaging in any unlawful discriminatory practice as defined in
this act, the Commission may award attorney fees and costs to
prevailing complainants.
(f.2) If, upon all the evidence at the hearing, in those
cases alleging a violation of section 5(d), (e), (h) or 5.3
where the underlying complaint is a violation of section 5(h) or
5.3, or in those cases alleging a violation of section 5.4 or
5.5, the Commission finds that a respondent has not engaged in
or is not engaging in any unlawful discriminatory practice as
defined in this act, the Commission may award attorney fees and
costs to a prevailing respondent if the respondent proves that
the complaint was brought in bad faith.
* * *
Section 9.3. Civil Penalties.--The Commission shall have the
power to adopt a schedule of civil penalties for violation of
section 5(h)(5) or 5.4(a)(1) by the advertiser and the publisher
in instances where the complainant does not take action to
secure housing accommodations or financing and is not denied
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30 housing accommodations or financing based on the alleged
discriminatory language in the advertisement. The schedule of
penalties, guidelines for their imposition and procedures for
appeal shall be published in the Pennsylvania Bulletin, provided
that the Commission shall, within two (2) years of such
publication, promulgate a regulation setting forth the schedule
of penalties, guidelines and procedures. Any such penalty shall
not exceed the sum of five hundred dollars ($500.00). Duly
authorized agents of the Commission shall have the power and
authority to issue citations and impose penalties for any such
violations. Any such penalty imposed may be appealed to the
Commission pursuant to regulations promulgated under this act.
All proceedings shall be conducted in accordance with the
provisions of 2 Pa.C.S. (relating to administrative law and
procedure).
Section 4. This act shall take effect in 60 days.
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