SB 549 — 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.

PRINTER'S NO.   566

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 549
                                                 Session of
                                                   2025

     INTRODUCED BY SAVAL, BARTOLOTTA, COSTA, SCHWANK, KEARNEY,
        FONTANA, COMITTA, STREET, HUGHES, HAYWOOD, MUTH, L. WILLIAMS,
        KANE AND CAPPELLETTI, APRIL 4, 2025

     REFERRED TO JUDICIARY, APRIL 4, 2025


                                     AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in dockets, indices and
 3      other records, providing for limited access to eviction
 4      information.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Chapter 43 of Title 42 of the Pennsylvania
 8   Consolidated Statutes is amended by adding a subchapter to read:
 9                                SUBCHAPTER C
10                   LIMITED ACCESS TO EVICTION INFORMATION
11   Sec.
12   4331.   Definitions.
13   4332.   Eviction case limited access.
14   4333.   Prohibition on disclosure of information in limited
15               access eviction file.
16   4334.   Procedures.
17   § 4331.   Definitions.
18      The following words and phrases when used in this subchapter
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Disseminate."     To transmit or disclose a court file in oral
 4   or written form to individuals or agencies other than the court
 5   that retains the information.
 6      "Eviction case."     An action brought under Article V of the
 7   act of April 6, 1951 (P.L.69, No.20), known as The Landlord and
 8   Tenant Act of 1951.
 9      "Eviction information."     Information collected by the court
10   arising from the initiation of an eviction case consisting of
11   identifiable descriptions and dates of parties involved in the
12   eviction case, documents filed in the eviction case and
13   information or record of activity associated with the eviction
14   case.
15      "Limited access eviction file."       Eviction information barred
16   from dissemination.
17   § 4332.    Eviction case limited access.
18      (a)    General rule.--Except as provided under subsection (b),
19   a court or the Administrative Office may not disseminate to an
20   individual or post on an Internet website a limited access
21   eviction file unless a final disposition of the case in favor of
22   the plaintiff is present and the case is less than seven years
23   old.
24      (b)    Exception.--A court may disseminate a limited access
25   eviction file in the following circumstances to:
26             (1)   a party to the eviction case, including a party's
27      attorney;
28             (2)   an occupant of the premises who provides the clerk
29      of court with the names of one of the parties or the case
30      number and presents documentation to support a claim of

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 1      occupancy;
 2            (3)   a person that, upon a showing of good cause, obtains
 3      a court order to access a limited access eviction file;
 4            (4)   an attorney, law firm or legal organization seeking
 5      to review a court file for purposes of evaluating possible
 6      legal advice or considering providing legal representation to
 7      a party to the eviction case or an occupant of the premises
 8      at issue in the eviction case, but in no case for an
 9      alternative commercial or business purpose under this
10      paragraph;
11            (5)   a nonprofit entity or educational institution
12      seeking court files exclusively for research purposes that
13      are in no way connected to commercial activities. In addition
14      to the prohibitions under section 4333 (relating to
15      prohibition on disclosure of information in limited access
16      eviction file), court files requested for research purposes
17      under this paragraph shall not be furnished by the nonprofit
18      entity or educational institution to any outside
19      organizations and the nonprofit entity or educational
20      institution may not publish any individual tenant names in
21      public reports or other communications; or
22            (6)   other parties or entities if the parties to the
23      eviction case agree that the limited access eviction file may
24      be disseminated.
25      (c)   Limited access eviction file.--Within 180 days of the
26   effective date of this subsection, and on a monthly basis
27   thereafter, courts shall automatically place under limited
28   access all eviction information:
29            (1)   When seven or more years have elapsed since the
30      filing date of the eviction case.

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 1             (2)   If a court vacates a judgment or marks a judgment
 2      satisfied.
 3             (3)   If a court opens or sets aside a default judgment
 4      and enters a disposition that is subject to limited access
 5      under subsection (a).
 6      (d)    Satisfaction of judgment.--If a tenant pays a money
 7   judgment in full or leaves the property after a judgment only
 8   for possession has been entered but on or before the ordered or
 9   agreed-upon move-out date, or both pays a money judgment in full
10   and leaves the property on or before the ordered or agreed-upon
11   move-out date if a money judgment and a judgment for possession
12   are entered, the landlord shall, within 30 days, either notify
13   the court to mark the judgment satisfied or provide the tenant
14   with all documentation required by the court to mark the
15   judgment satisfied.
16      (e)    Disclosure.--An individual may not be required or asked
17   to disclose information about a limited access eviction file. An
18   individual required or asked to provide information in violation
19   of this subsection may respond as if the limited access eviction
20   file does not exist. This subsection shall not apply if Federal
21   law, including rules and regulations, requires the consideration
22   of information contained in a limited access eviction file.
23      (f)    Applicability.--Except as provided under subsection (c),
24   this section applies to eviction cases filed on or after the
25   effective date of this subsection.
26   § 4333.    Prohibition on disclosure of information in limited
27                   access eviction file.
28      (a)    Dissemination prohibited.--A person may not disseminate
29   any information contained in a limited access eviction file.
30   This subsection does not apply to a defendant in an eviction

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 1   case.
 2      (b)   Furnishing information.--A person that regularly and in
 3   the ordinary course of business furnishes information to a
 4   consumer reporting agency, including a tenant screening service,
 5   and has furnished information that the person knows or
 6   reasonably should know, is contained in a limited access
 7   eviction file, shall promptly notify the consumer reporting
 8   agency of that determination and shall cease furnishing
 9   information contained in the limited access eviction file.
10      (c)   Disclosure prohibited.--A consumer reporting agency,
11   including a tenant screening service, shall not disclose the
12   existence of a limited access eviction file in a report or
13   communication or consider the limited access eviction file as a
14   factor to determine any score or recommendation to be included
15   in any consumer report, including a tenant screening report.
16      (d)   Violation.--A violation of subsection (b) or (c)
17   constitutes an unlawful practice under the act of December 17,
18   1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
19   Consumer Protection Law.
20      (e)   Private cause of action.--A tenant or occupant may bring
21   a private cause of action seeking compliance with this section.
22      (f)   Recovery.--If a person violates this section, the tenant
23   or occupant has the right to recover an amount equal to and not
24   more than two months' rent or twice the damages sustained,
25   whichever is greater, and reasonable attorney fees.
26      (g)   Construction.--Nothing in this section shall prohibit
27   the dissemination of information regarding a money judgment for
28   the sole purpose of collection.
29      (h)   Applicability.--This section applies to an eviction case
30   filed on or after the effective date of this subsection.

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 1   § 4334.   Procedures.
 2      Each court shall issue monthly, and provide to the
 3   Administrative Office, a list of all court files to which the
 4   court has limited access within the previous 31 days in
 5   accordance with section 4332(c) (relating to eviction case
 6   limited access). The Administrative Office shall quarterly
 7   transmit to an entity that regularly collects and disseminates
 8   court records, including data brokerage, consumer reporting or
 9   tenant screening agencies, a list of all limited access eviction
10   files to which a court has limited access within the previous
11   quarter in accordance with section 4332(c).
12      Section 2.   This act shall take effect in 180 days.




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