Regular Session 2019-2020 House Bill 2382 P.N. 3647

CORRECTIVE REPRINT

PRIOR PRINTER'S NO. 3518

PRINTER'S NO. 3647

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2382

Session of

2020

INTRODUCED BY FIEDLER, SOLOMON, RABB, DAVIDSON, A. DAVIS, HILL-

EVANS, KINSEY, OTTEN, INNAMORATO, DAWKINS, YOUNGBLOOD,

CALTAGIRONE, McCLINTON, ISAACSON, MADDEN, ROEBUCK, LEE AND

WILLIAMS, APRIL 3, 2020

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2020

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in dockets, indices and

other records, providing for expungement of 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

EXPUNGEMENT OF EVICTION INFORMATION

Sec.

4331. Definitions.

4332. Mandatory sealing and expungement.

4333. Prohibition on dissemination of information in sealed

court file.

§ 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:

"Court." The court of common pleas or magisterial district

court in the jurisdiction in which an eviction case is filed.

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

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

case and any information or record of activity associated with

the eviction case.

"Dissemination" or "disseminate." To publish, produce, print

manufacture, copy, 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.

"Expungement." The removal of evidence of a court file's

existence from publicly accessible records.

"For-cause eviction." An eviction case in which the court

finds that a tenant or occupant materially breached a lease.

"Foreclosure-related eviction." An eviction case brought

against a tenant or occupant due to the foreclosure of the real

property.

" Not-for-cause eviction." An eviction case in which the

court does not find that a tenant or an occupant materially

breached a lease.

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

anyone other than a person listed under section 4332(e)

(relating to mandatory sealing and expungement).

§ 4332. Mandatory sealing and expungement.

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

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clerk of the court shall do all of the following:

(1) Immediately seal the court file.

(2) No less than seven days after issuance of a summons,

mail notice of the filing of the eviction case in a sealed

envelope by first class mail. The mailing shall be addressed

to the named defendant and to all other residents of the

premises and shall be mailed to the full address of the

premises as described in the filing. The notice shall be

substantially in the following form:

THIS NOTICE IS FOR INFORMATION ONLY. DEFENDANTS HAVE THE

RIGHT TO BE SERVED WITH COURT PAPERS BEFORE GOING TO

COURT.

To (insert name of all named defendants) and All Other

Residents:

(Insert name of all plaintiffs) has filed an eviction

case against (insert name of all defendants) for

possession of (insert full address of premises). The

eviction case number is (insert full case number). A

hearing may be on (insert hearing date and time on

summons) in courtroom (insert courtroom on summons) if

the defendants are served court papers. The eviction case

has been sealed and is not public. It can only be viewed

by:

(1) a party to the action, including a party's

attorney;

(2) 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; or

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

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obtained a court order to access a sealed court file.

If the court enters a judgment for possession in

favor of the plaintiff, the court file may be

unsealed unless the court decides it should remain

sealed. If you qualify to view the court file, you

may wish to go to the court house at (insert court

address). You may also wish to speak with an

attorney. In (insert name of county) County you may

contact (insert name and contact information of local

bar association, if any; insert name and contact

information of local civil legal aid providers, if

any; insert name and contact information of any local

legal clinics, if any; and any other local attorney

referral resources) to seek the help of an attorney.

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

subsection, the clerk of the court shall unseal a court file no

sooner than 30 days after the court enters an eviction order.

The court file shall remain under seal in the following cases:

(1) a foreclosure-related eviction;

(2) a not-for-cause eviction;

(3) t he parties to the eviction agree that the court

file should remain sealed;

(4) the plaintiff's case is sufficiently without basis

in fact or law, which may include lack of jurisdiction over

the case;

(5) the case is withdrawn;

(6) the judgment for the case has been entered for the

defendant;

(7) the judgment in the case is vacated or satisfied; or

(8) expungement is clearly in the interests of justice

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and those interests are not outweighed by the public's

interest in knowing about the record.

shall be sealed by the clerk of the court in the following

situations:

(1) No later than 5 years after the eviction case was

filed.

(2) Upon motion and a showing to the court that one of

the exceptions under subsection (b) applies. This p aragraph

applies to an eviction action retroactively.

(3) When a judgment is vacated or satisfied.

(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 before the tenant is served with

a writ of possession, the landlord shall notify the court within

15 days 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

attorney.

(2) A person who provides the clerk of the court with

the names of at least one plaintiff and one defendant and the

address of the premises, including the unit number, if any.

(3) A n 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 has, upon a showing of good cause,

obtained a court order to access a sealed court file.

(5) A nonprofit entity or educational institution

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seeking court files exclusively for research purposes that

are in no way connected to commercial or business activities.

In addition to the prohibitions under section 4333 (relating

to prohibition on dissemination of information in sealed

court file), court files requested for research purposes

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.

(f) Eviction order against defendant.-- If an eviction order

is entered against a defendant, the court shall do each of the

following:

(1) D etermine whether the eviction case qualifies to

remain sealed under subsection (b).

(2) I dentify whether the eviction case is a for-cause

eviction or a not-for-cause eviction.

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

this section applies to eviction actions filed on or after the

effective date of this subsection.

§ 4333. Prohibition on dissemination of information in sealed

court file.

(a) General rule.--No person shall disseminate any

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

information to a consumer reporting agency, including a tenant

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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.

(f) Recovery.-- If a person violates this section, the tenant

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.

(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 applies to an eviction case

filed on or after the effective date of this subsection.

Section 2. This act shall take effect in 60 days.

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