Regular Session 2023-2024 House Bill 1769 P.N. 3673

PRIOR PRINTER'S NO. 2769

PRINTER'S NO. 3673

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1769

Session of

2024

INTRODUCED BY SMITH-WADE-EL, FIEDLER, J.HARRIS, KRAJEWSKI,

WAXMAN, HILL-EVANS, KENYATTA, BURGOS, SANCHEZ, MADDEN, KHAN,

HOHENSTEIN, N. NELSON, POWELL, SCOTT, SIEGEL, CEPEDA-FREYTIZ,

BOROWSKI, STURLA, DALEY, D. WILLIAMS, STEELE, GREEN,

A. BROWN, ABNEY, CEPHAS, KAZEEM, OTTEN, BOYD, SALISBURY,

ROZZI, MAYES, KINKEAD, BULLOCK, GIRAL, WARREN, FRANKEL AND

O'MARA, MARCH 25, 2024

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2024

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

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Disseminate." The oral or written transmission or

disclosure of a court file OR ANY PORTION OF A COURT FILE 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;

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(2) an occupant of the premises who provides the clerk

of court APPROPRIATE COUNTY OFFICE with the names of one of

the parties or the case number and presents documentation to

support a claim of 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 OR

PERSON ACTING ON BEHALF OF AN ATTORNEY 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 IN WRITING TO THE SATISFACTION OF THE

COURT that the limited access eviction file may be

disseminated.

effective date of this subsection, and on a monthly basis

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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.

(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.

(RELATING TO PROCEDURES), EVICTION CASE INFORMATION IN ALL CASES

SHALL BE PLACED UNDER LIMITED ACCESS AFTER SEVEN YEARS HAVE

ELAPSED SINCE THE FILING DATE OF THE EVICTION CASE.

(e) (D) 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

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eviction file.

(f) (E) 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) General rule.--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 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.

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

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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.

(D) PRIVATE CAUSE OF ACTION.--A TENANT OR RESIDENT MAY BRING

A PRIVATE CAUSE OF ACTION SEEKING COMPLIANCE WITH THIS SECTION,

IN WHICH THE TENANT OR RESIDENT HAS THE RIGHT TO RECOVER AN

AMOUNT EQUAL TO AND NOT MORE THAN TWO MONTHS' RENT OR $5,000,

WHICHEVER IS GREATER, AND REASONABLE ATTORNEY FEES.

(g) (E) Construction.--Nothing in this section shall

prohibit the dissemination of information regarding a money

judgment for the sole purpose of collection.

(h) (F) Applicability.--This section applies to an eviction

case filed on or after the effective date of this subsection.

(G) WAIVER.--THE RIGHTS AND DUTIES ENUMERATED IN THIS

SECTION MAY NOT BE WAIVED BY ANY PROVISIONS OF A WRITTEN OR ORAL

AGREEMENT. ANY AGREEMENT ATTEMPTING TO LIMIT RIGHTS UNDER THIS

SECTION SHALL BE VOID AND UNENFORCEABLE IN THE COURTS OF THIS

COMMONWEALTH.

§ 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).

(A) CASE IDENTIFICATION.--ON A MONTHLY BASIS, THE

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MAGISTERIAL DISTRICT COURT AND PROTHONOTARY SHALL IDENTIFY ALL

EVICTION CASE COURT FILES ELIGIBLE FOR LIMITED ACCESS IN

ACCORDANCE WITH SECTION 4332(C) (RELATING TO EVICTION CASE

LIMITED ACCESS). WITHIN 20 DAYS, EACH COURT OF COMMON PLEAS

SHALL ISSUE AN ORDER FOR LIMITED ACCESS TO ANY EVICTION CASE

FILE IN ITS JUDICIAL DISTRICT FOR WHICH LIMITED ACCESS SHALL BE

GIVEN UNDER SECTION 4332(C).

(B) TRANSMISSION.--THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA

COURTS SHALL QUARTERLY TRANSMIT TO AN ENTITY THAT REGULARLY

COLLECTS AND DISSEMINATES COURT RECORDS A LIST OF ANY EVICTION

CASE FILE FOR WHICH LIMITED ACCESS HAS BEEN GIVEN AND TO WHICH

THE ADMINISTRATIVE OFFICE HAS ACCESS. THIS SUBSECTION SHALL NOT

BE INTERPRETED TO REQUIRE THE ADMINISTRATIVE OFFICE OF

PENNSYLVANIA COURTS TO PROVIDE OR UPDATE EVICTION CASE FILE

INFORMATION FOR CASES FOR WHICH AN APPEAL HAS BEEN FILED WITH

THE COURT OF COMMON PLEAS.

Section 2. This act shall take effect in 180 days.

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