PRINTER'S NO. 44

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

98

Session of

2023

INTRODUCED BY LANGERHOLC, PENNYCUICK, J. WARD, MASTRIANO AND

STEFANO, JANUARY 18, 2023

REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 18, 2023

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

other State officers and departments," providing for public

housing safety committees; further providing for requirements

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

a section to read:

Section 4.3. Public Housing Safety Committees.--(a)

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

(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

with a previous criminal record. The public housing safety

(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

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

premises. A vote under this subsection must be unanimous.

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,

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

requirements regarding background checks.

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)

Notwithstanding any other provision of law, upon request by a

landlord in the Housing Choice Voucher Program established in

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

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:

immediately:

(i) Section 4 of this act.

(ii) This section.

days.