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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Tenant screening is an essential step in the tenant selection process, helping landlords determine whether a prospective tenant is likely to meet their lease obligations. In Pennsylvania, tenant screening typically involves background checks, credit assessments, employment verification, and reviews of rental and eviction history.
This article covers tenant screening laws in Pennsylvania from application requirements to background checks. These laws specify what information can be collected, how it can be utilized, and the limits on fees associated with background checks.
By adhering to these guidelines, landlords can mitigate legal risks and ensure fair treatment of tenants throughout the application process.
There are several state and federal laws that govern tenant screening in Pennsylvania. These laws aim to protect the rights of tenants while also safeguarding the interests of landlords. That's why It is essential for landlords to understand these regulations to ensure compliance and facilitate a smooth screening process.
Here are some of the key tenant screening laws in Pennsylvania:
The federal Fair Housing Act prohibits landlords from engaging in discriminatory practices during tenant screening against individuals in protected classes. These protected characteristics include race, color, religion, national origin, sex, disability, and familial status.
Pennsylvania's fair housing laws mirror the federal Fair Housing Act but also include additional state-level protections. The Pennsylvania Human Relations Act (PHRA) expands upon federal law by prohibiting discrimination based on the use of a guide or support animal due to a disability, as well as age (40 years and older).
Landlords must ensure compliance with these acts by disclosing and applying their screening criteria consistently across all applications. Also, it's important to note that they are not allowed to ask direct or indirect questions that could reveal a person’s protected class during tenant background checks in Pennsylvania.
According to the Fair Credit Reporting Act, landlords are mandated to provide an applicant with an adverse action notice in case their application is denied based on information found in an applicant’s credit report. This notice should inform the applicant of the decision and outline their rights under the act. Additionally, they are expected to provide the name and address of the credit reporting agency that provided the credit report.
Under tenant screening laws in Pennsylvania, landlords are not restricted in the amount they can charge for application fees. It's important to note that these fees are non-refundable, even if the applicant is not approved.
Under Pennsylvania’s Renter Access Act, landlords are required to provide applicants with a written or electronic document outlining uniform screening criteria. These criteria must include all objective and subjective criteria used to review applications, such as financial, criminal, and rental history.
Below is an overview of the acceptable tenant screening criteria in Pennsylvania.
In Pennsylvania, landlords are permitted to conduct criminal background checks on potential tenants but must adhere to specific regulations. For instance, landlords cannot base their decisions on arrests that did not result in a conviction, nor can they consider criminal records that have been expunged or sealed.
Landlords must also comply with both state and federal laws, including the Fair Credit Reporting Act. According to the FCRA, landlords are required to obtain written consent from prospective tenants before performing credit checks. Additionally, landlords must be aware that some counties may impose additional regulations regarding background checks.
To ensure compliance, a background check authorization form should include the following information:
Tenant screening in Pennsylvania involves several key steps to ensure compliance with state laws and to find suitable tenants. Below is an overview of Pennsylvania tenant screening.
Gather applications from all prospective tenants, including essential information such as contact details, employment history, and rental history.
Before conducting background checks in Pennsylvania for rental, secure written consent from applicants for credit and criminal history checks, as required by law.
Perform thorough checks on credit history, criminal records, and eviction history. Ensure that these background checks in Pennsylvania for rental comply with both state and federal fair housing laws. A good strategy would be to employ online screening services when carrying out tenant background checks in Pennsylvania.
After reviewing countless online tenant screening services, we discovered that the accuracy and comprehensiveness of generated reports are the most important features to look out for. Other factors to consider when choosing an ideal online tenant screening service are, cost, data security, and the speed of report delivery.
Landlord Studio provides an integrated tenant screening process, streamlining every step from creating a listing to moving your tenant in. The tenant screening report for Pennsylvania it provides includes credit scores, rental history, background checks, and eviction records. Reports can be generated in as little as 30 minutes, with prices starting at $45.
Assess applications based on consistent criteria, such as income verification and rental history, to maintain fairness and legal compliance.
If an application is denied, provide a written notice explaining the reasons for the denial and include contact information for the screening company used.
While landlords need to be thorough with their tenant screening, it's crucial that it's in compliance with state and federal laws for background checks for rentals. Landlords should also avoid discriminatory practices and focus the tenant screening process on verifying tenants' reliability and their ability to pay rent on time.
On the bright side, reliable property management software like Landlord Studio can streamline this process while ensuring compliance with tenant screening laws in Pennsylvania 2024. Landlord Studio provides cost-effective screening solutions that emphasize legal compliance, comprehensive reporting, and quick turnaround times.
Create your free Landlord Studio account today to enhance your tenant screening experience in Pennsylvania.
