PRINTER'S NO. 2772
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2148
Session of
2024
INTRODUCED BY MADSEN, KINSEY, T. DAVIS, SANCHEZ, HOHENSTEIN,
MALAGARI, HILL-EVANS, BOYD, KRAJEWSKI, DALEY, GREEN, CERRATO,
DELLOSO, KINKEAD, ROZZI, KENYATTA, SMITH-WADE-EL, SCOTT AND
KAZEEM, MARCH 25, 2024
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
MARCH 25, 2024
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,"
providing for right to provide verifiable alternative
evidence of ability to pay and further providing for
definitions and for unlawful discriminatory practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of October 27, 1955 (P.L.744, No.222),
known as the Pennsylvania Human Relations Act, is amended by
adding a section to read:
Section 3.1. Right to provide verifiable alternative
evidence of ability to pay.--The following apply:
(1) If the applicant elects to provide lawful, verifiable
alternative evidence of the applicant's reasonable ability to
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pay, the landlord must:
(i) Provide the applicant 10 business days to respond with
the alternative evidence.
(ii) Reasonably consider the alternative evidence in lieu of
the person's credit history in determining whether to offer the
rental housing to the applicant.
(2) The ability of a landlord to request information or
documentation to verify employment, request landlord references
or verify the identity of an applicant is not limited by this
section.
Section 3. Section 4 of the act is amended by adding a
definition to read:
* * *
(bb) The term "alternative evidence" means bank statements,
proof of income, pay stubs or other documents that provide
evidence of the applicant's ability to pay the applicant's
portion of the rent.
Section 3. Section 5 of the act is amended by adding a
subsection to read:
Section 5. Unlawful Discriminatory Practices.--It shall be
an unlawful discriminatory practice, unless based upon a bona
fide occupational qualification, or in the case of a fraternal
corporation or association, unless based upon membership in such
association or corporation, or except where based upon
applicable security regulations established by the United States
or the Commonwealth of Pennsylvania:
* * *
(m) For any landlord that receives a government rent subsidy
to:
(1) Use a financial or income standard in assessing
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eligibility for rental housing that is not based on the portion
of the rent to be paid by the tenant.
(2) Use a person's credit history as part of the application
process for rental housing without offering the applicant the
option, at the applicant's discretion, of providing lawful,
verifiable alternative evidence of the applicant's reasonable
ability to pay the portion of the rent to be paid by the tenant,
including government benefit payments, pay records and bank
statements as provided under section 3.1.
Section 4. This act shall take effect in 60 days.
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