Landlords and Criminal Background Checks in Pennsylvania

As a renter in Pennsylvania, you may wonder if a landlord is allowed to ask about your criminal history during the rental application process. Understanding your rights when it comes to background checks ensures a fair housing experience and helps you know what to expect when applying for a new place to live.

What Pennsylvania Law Says About Criminal History and Renting

Pennsylvania does not have a statewide law that bans landlords from asking about or considering a renter’s criminal history. Landlords in the state are generally allowed to ask about criminal convictions and run criminal background checks. However, federal laws and local regulations may limit how this information can be used.

Federal Fair Housing Protections

Under the federal Fair Housing Act, landlords cannot discriminate based on race, color, national origin, religion, sex, familial status, or disability. While criminal history itself is not a protected category, the U.S. Department of Housing and Urban Development (HUD) has made it clear that a blanket ban on renting to anyone with a criminal record could result in illegal discrimination if it disproportionately affects certain groups.^[1]

• Arrest Records: Landlords should not deny applications based solely on arrest records that did not lead to convictions.
• Conviction Records: Denials based on convictions must consider the type, severity, and timing of the offense. Blanket policies may be challenged if they result in unlawful discrimination.

Philadelphia's Fair Criminal Record Screening Standards

If you live in Philadelphia, you have additional protections under the Fair Criminal Record Screening Standards Ordinance. This local law limits how and when Philadelphia landlords can ask about or use criminal background information.^[2]

• Landlords in Philadelphia cannot ask about criminal history until after making a conditional offer.
• There are restrictions on using convictions older than seven years (excluding some violent offenses).

Outside of Philadelphia, no similar local protections apply statewide, so landlords may conduct criminal background checks with fewer restrictions.

Official Tribunal for Residential Tenancies in Pennsylvania

In Pennsylvania, disputes between landlords and tenants, including discrimination issues, are typically resolved in the Magisterial District Courts. These local courts handle eviction cases and landlord/tenant disputes across the state.^[3]

Relevant Laws and Legislation

• Pennsylvania Landlord and Tenant Act
• HUD Guidance on Criminal Background Checks
• Philadelphia Fair Criminal Record Screening Standards Ordinance

What Forms Might Renters Use?

If you believe a landlord has discriminated against you based on criminal history and it violates fair housing laws, you can file a complaint:

• HUD Discrimination Complaint Form (903.1): This form is used to file a federal housing discrimination complaint with the U.S. Department of Housing and Urban Development. For example, if you are denied a rental and believe it is due to race or another protected category linked to your criminal history, you can submit Form 903.1 online.
• Pennsylvania Human Relations Commission (PHRC) Housing Discrimination Complaint: Use their official complaint process for statewide housing discrimination. For instance, if a landlord refuses to consider your application due to criminal history in a discriminatory manner, you can file a complaint here.
• Philadelphia Commission on Human Relations Discrimination Complaint: If renting in Philadelphia, you may file a complaint for violation of local fair criminal record screening rules. See the official Philadelphia complaint form and guidance.

Steps to File a Housing Discrimination Complaint

Filing a discrimination complaint can help enforce your rights if you believe a landlord has unfairly used your criminal history against you in violation of fair housing laws.

• Gather all relevant documents, such as emails, applications, and rejection letters.
• Choose the appropriate agency (HUD for federal, PHRC for state, or the city commission for Philadelphia cases).
• Fill out the agency’s official complaint form online or by mail, providing specific details about what happened.
• Submit the completed form through the agency’s online portal or by following the listed instructions.
• Follow up with the agency as requested, and consider getting legal advice if your case is complex.

Frequently Asked Questions (FAQ)

1. Can a Pennsylvania landlord deny me for any criminal conviction?
   A landlord in Pennsylvania can generally consider criminal convictions unless restricted by local law, but denials based on convictions should relate to the nature and date of the offense. Blanket bans carry risks of fair housing violations if they have a discriminatory effect.
2. Are there protections for renters with criminal records in Philadelphia?
   Yes. In Philadelphia, landlords must offer a conditional rental acceptance before checking criminal history and cannot consider convictions older than seven years, except for certain violent crimes.
3. How do I file a housing discrimination complaint in Pennsylvania?
   You can file with HUD, the Pennsylvania Human Relations Commission, or (in Philadelphia) the city’s commission. Each has an online portal and forms, and you should act quickly—deadlines can be short.
4. Is an arrest enough for a landlord to deny my application?
   No. Both HUD guidance and Philadelphia law prohibit denials based solely on arrests with no conviction.
5. Where do I resolve disputes about rental applications or discrimination?
   Most rental disputes are handled in the local Magisterial District Court, but formal discrimination complaints use the agencies listed above.

Summary and Key Takeaways

• Pennsylvania landlords can ask about and consider criminal convictions, except where local ordinances (like Philadelphia’s) set limits.
• Blanket bans may be illegal if they have a discriminatory effect under the Fair Housing Act.
• If you believe you’ve been discriminated against, collect documentation and file a complaint with the appropriate agency.

Knowing your rights and taking prompt action are key to protecting yourself in the rental process.

Need Help? Resources for Renters

• Pennsylvania Human Relations Commission (PHRC): Statewide housing discrimination resources and complaint process.
• U.S. Department of Housing and Urban Development (HUD): Federal housing discrimination info and complaint forms.
• Philadelphia Commission on Human Relations: Local housing rights and fair screening ordinance enforcement.
• Magisterial District Courts: For landlord/tenant disputes in Pennsylvania.

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1. U.S. Department of Housing and Urban Development. "Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions." Read the official HUD guidance.
2. City of Philadelphia. "Fair Criminal Record Screening Standards." View Philadelphia Ordinance.
3. Pennsylvania Courts. "Landlord/Tenant Cases in Magisterial District Courts." Guide for renters and landlords.

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