Regular Session 2021-2022 Senate Bill 1002 P.N. 1323

PRINTER'S NO. 1323

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1002

Session of

2022

INTRODUCED BY SAVAL, COLLETT, STREET, FONTANA, CAPPELLETTI,

KANE, KEARNEY, SCHWANK, COSTA, SANTARSIERO, L. WILLIAMS AND

MUTH, JANUARY 14, 2022

REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 14, 2022

AN ACT

Providing for mandatory sealing and for prohibition on

dissemination of information in sealed court file.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Fair Records

for Renters Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Consumer reporting agency." Any person who, for monetary

fees, dues or on a cooperative 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.

"Court." A court of common pleas, magisterial district court

or municipal court in the jurisdiction where an eviction case is

filed.

"Court file." The court file created when an eviction case

is filed with the court, including any documents filed in the

eviction case and any information or record of activity

associated with the eviction case.

"Disseminate" or "dissemination." To publish, produce,

distribute, sell, lease, exhibit, broadcast, display, transmit

or otherwise share information in any format which makes the

information accessible to others.

"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 judgment." A judgment for money or recovery of

possession of real property in favor of the plaintiff and

against the defendant in an eviction case.

"Seal" or "sealing." Barring access to a court file to

anyone other than a person listed under section 3.

Section 3. Mandatory sealing.

(a) General rule.--Upon the filing of an eviction case or a

foreclosure-related complaint in ejectment, the clerk of the

court shall immediately seal the court file and inform all

parties about mandatory sealing.

(b) Unsealing court file.--Except as provided under this

subsection and subsection (c), the clerk of the court shall

unseal a court file no sooner than 30 days after the court

enters an eviction judgment. The court file shall remain under

seal in the following cases:

(1) the parties to the eviction agree that the court

file should remain sealed;

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(2) the case is withdrawn;

(3) the judgment in the case has been entered for the

defendant;

(4) the parties enter into a judgment-by-agreement and

the landlord has not filed a notice of breach; or

(5) the eviction judgment in the case is vacated or

satisfied.

(1) All court files that are unsealed shall be sealed by

the clerk of the court in the following situations:

(i) No later than three years after the initial

filing.

(ii) Upon motion and a showing to the court that an

exception under subsection (b) applies.

(2) This subsection shall apply to an eviction case

filed before, on or after the effective date of this section.

(d) Satisfaction of judgment.--If a tenant pays a money

judgment in full or leaves the property after a judgment for

possession has been entered, but prior to the ordered or agreed-

upon move-out date, or both satisfies the money judgment in full

and leaves the property in cases where a money judgment and

judgment for possession are entered, upon receiving notice from

the tenant along with the forms for the landlord to sign, the

landlord shall, within 30 days, either notify the court or

provide the tenant with all signed documentation required by the

court and the judgment shall be marked satisfied.

(e) Access to sealed court file.--The clerk of the court may

not provide access to or disseminate a sealed court file to

anyone other than the following persons:

(1) A party to the eviction case, including a party's

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attorney, paralegal or legal services organization.

(2) A legal services organization or law clinic that

seeks to represent a client, advise a client or consider

representing a client.

(3) An occupant of the premises who provides the clerk

of the court with the names of one of the parties or the case

number and shows documentation of residency.

(4) A person who, upon a showing of good cause, has

obtained a court order to access a sealed court file.

(5) A nonprofit entity or educational institution

seeking court files exclusively for research purposes that is

in no way connected to commercial or business activities. In

addition to the prohibitions under section 4, court files

requested for research purposes may 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.

(f) Applicability.--Except as provided under subsection (c),

this section applies to eviction actions filed on or after the

effective date of this subsection.

Section 4. Prohibition on dissemination of information in

sealed court file.

(a) General rule.--No person, landlord or other entity shall

disseminate information contained in a sealed court file if the

person knows or has reason to believe that the information is

derived from a sealed court file. This subsection does not apply

to the tenant or occupant whose court file was sealed.

(b) Furnishing information in sealed court file.--A person

who regularly and in the ordinary course of business furnishes

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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 sealed court

file shall promptly notify the consumer reporting agency of that

determination and shall cease furnishing information contained

in the sealed court file.

including a tenant screening service, may not disclose the

existence of a sealed eviction case in a report pertaining to

the person for whom dissemination has been barred or use the

eviction case as a factor to determine any score or

recommendation to be included in a tenant screening report

pertaining to the person for whom dissemination has been barred.

(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

against a person, landlord or consumer reporting agency,

including a tenant screening service or any other entity

involved in the decision to rent a property.

(f) Recovery.--

(1) In addition to seeking compliance with this section,

if a person or consumer reporting agency, including a tenant

screening service, violates this section, the tenant or

occupant may seek recovery of actual damages sustained by the

tenant or occupant as a result of the violation and, in the

case of a successful action to enforce liability under this

section, reasonable attorney fees and costs as the court may

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deem appropriate.

(2) If a court finds that a person or consumer reporting

agency is willfully using or has willfully used a document

sealed under this act, the tenant or occupant may recover an

amount equal to twice the actual damages sustained, punitive

damages in such an amount as the court may deem appropriate

but not to exceed $2,000 per violation, and, in the case of a

successful action to enforce liability under this section,

reasonable attorney fees and costs.

(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 shall apply to an eviction

case filed before, on or after the effective date of this

section.

Section 5. Effective date.

This act shall take effect immediately.

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