PRINTER'S NO. 679 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.670 Session of 2025 INTRODUCED BY LANGERHOLC, MASTRIANO, STEFANO, J. WARD, PENNYCUICK AND VOGEL, APRIL 28, 2025 REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 28, 2025 AN ACT Amending the act of May 28, 1937 (P.L.955, No.265), entitled "An act to promote public health, safety, morals, and welfare by declaring the necessity of creating public bodies, corporate and politic, to be known as housing authorities to engage in slum clearance, and to undertake projects, to provide dwelling accommodations for persons of low income; providing for the organization of such housing authorities; defining their powers and duties; providing for the exercise of such powers, including the acquisition of property by purchase, gift or eminent domain, the renting and selling of property, and including borrowing money, issuing bonds, and other obligations, and giving security therefor; prescribing the remedies of obligees of housing authorities; authorizing housing authorities to enter into agreements, including agreements with the United States, the Commonwealth, and political subdivisions and municipalities thereof; defining the application of zoning, sanitary, and building laws and regulations to projects built or maintained by such housing authorities; exempting the property and securities of such housing authorities from taxation; and imposing duties and conferring powers upon the State Planning Board, and certain other State officers and departments," providing for public housing safety committees; further providing for r equirements regarding tenants and landlords in cities of the first class; and providing for background checks for landlords . The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The act of May 28, 1937 (P.L.955, No.265), referred to as the Housing Authorities Law, is amended by adding 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 a section to read: Section 4.3. Public Housing Safety Committees.--(a) W ithin each Authority, a public housing safety committee shall be established. Each public housing safety committee shall consist of three members, including the Executive Director of the Authority, the District Attorney of the county in which the Authority is located and the President Judge of the county in which the Authority is located. (b) When an Authority receives a background check in compliance with Federal law, the Authority shall review the background check to see if the applicant has any criminal offenses of the grading of a misdemeanor of the third degree or higher. If an applicant has such offense on their record and all other admissions criteria are met, the Authority shall present all relevant information to the public housing safety committee for its review. (c) The public housing safety committee shall meet regularly at the call of the President Judge. The President Judge shall serve as the presiding officer of all meetings of the public housing safety committee. All three members of the committee must be present. (d) The public housing safety committee shall take all measures necessary to comply with relevant Federal law while conducting the business of the committee. (e) Prior to reviewing the documentation, the Authority shall provide the members of the public housing safety committee with an overview of existing Federal laws and regulations that the public housing safety committee must follow. (f) The public housing safety committee shall review the documentation provided by the Authority regarding each tenant 20250SB0670PN0679 - 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 with a previous criminal record. The public housing safety committee shall review each applicant on a case-by-case basis. The public housing safety committee shall: (1) Evaluate: (i) if the previous criminal activity threatens the health, safety or right to peaceful enjoyment of the premises by other residents; and (ii) if the previous criminal activity threatens the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises. (2) Consider: (i) the severity of the crime committed; (ii) the length of time since the offense; (iii) the actions of the applicant since committing the crime; (iv) any other required considerations under existing Federal law; and (v) any other considerations the public housing safety committee deems necessary to evaluate the applicants on a case- by-case basis to ensure the health, safety or right to peaceful enjoyment of the premises by other residents or the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises. (g) The public housing safety committee shall vote to inform the Authority if the public housing safety committee determines that the applicant does not present a threat to the health, safety or right to peaceful enjoyment of the premises by other residents or if the previous criminal activity threatens the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the 20250SB0670PN0679 - 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 premises. A vote under this subsection must be unanimous. (h) Once informed of a unanimous vote in support of the applicant by the public housing safety committee, the Authority shall take appropriate action consistent with Federal law. (i) Once informed that the public housing safety committee failed to reach a unanimous vote in support of the applicant, the Authority shall deny the applicant. If the applicant is denied due to the applicant's criminal history the Authority shall comply with the procedures outlined in Federal law. (j) I f the applicant has a criminal record and the sole offense or offenses relate to being a victim of domestic violence, dating violence, sexual assault or stalking, or if the applicant is seeking relocation under section 13.3, the applicant shall not have to be reviewed by the public housing safety committee. The Authority shall determine if an applicant under this subsection presents a threat to the health, safety or right to peaceful enjoyment of the premises by other residents, or if the previous criminal activity threatens the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises. (k) No member of the public housing safety committee may be liable, in the member's personal or official capacity, for any action taken as a member of the public housing safety committee. Section 2. Section 13.1 of the act is amended to read: Section 13.1. Requirements Regarding Tenants and Landlords [in Cities of the First Class ].--(a) An Authority [ of a city of the first class] shall take such measures as are necessary to ensure compliance with all requirements imposed on the Authority by Federal law regarding criminal activity by tenants and prospective tenants, including, but not limited to, all 20250SB0670PN0679 - 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 requirements regarding background checks. (b) (1) An Authority [ of a city of the first class ] shall not approve or renew any person or firm as a landlord in the Housing Choice Voucher Program established pursuant to 24 CFR Pt. 982 (relating to section 8 tenant based assistance: housing choice voucher program) if such person or firm is delinquent on any property tax due with respect to the property for which approval or renewal is sought. (2) For purposes of this subsection, a person or firm that is current on a payment agreement with the taxing authority for the property tax delinquency shall not be considered delinquent with respect to the outstanding property tax liability covered by such agreement, but a person or firm that is in breach of such agreement shall be considered delinquent. Section 3. The act is amended by adding a section to read: Section 13.4. Background Checks for Landlords.--(a) U pon request by a landlord in the Housing Choice Voucher Program established in accordance with 24 CFR Pt. 982 (relating to Section 8 tenant-based assistance: Housing Choice Voucher Program), a law enforcement agency shall provide the landlord with a background check for any adult household member of the applicant's household. (b) The landlord shall provide the law enforcement agency with a consent form completed by the applicant. (c) When the law enforcement agency receives the completed consent form, the law enforcement agency must promptly release to the landlord a copy of any criminal conviction records concerning the household member in the possession or control of the law enforcement agency. (d) The landlord may not share the information provided in 20250SB0670PN0679 - 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 the reports with any other party. Disclosure of information contained in the reports may result in criminal and civil penalties pursuant to existing State law. Section 4. Within 90 days of the effective date of this section, each authority and landlord in the Housing Choice Voucher Program established under 24 CFR Pt. 982 (relating to Section 8 tenant-based assistance: Housing Choice Voucher Program) shall modify all existing documents and procedures necessary to comply with Federal and State law, including the provisions of this act. Section 5. This act shall take effect as follows: (1) The following provisions shall take effect immediately: Section 4 of this act. This section. (2) The remainder of this act shall take effect in 90 days. 20250SB0670PN0679 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17