Can landlords deny applicants with prior evictions?

Can Landlords Deny Applicants with Prior Evictions in Pennsylvania?

When screening potential tenants in Pennsylvania, landlords often encounter applicants with prior eviction records. Understanding your rights and responsibilities regarding these records is essential to making informed and lawful rental decisions. This guide provides a comprehensive overview of how landlords in Pennsylvania can consider prior evictions during tenant screening.

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Understanding Eviction Records in Pennsylvania

An eviction typically occurs when a landlord successfully removes a tenant from a property due to non-payment of rent, lease violations, or other lawful reasons. These records become part of the applicant’s rental and sometimes public history, potentially impacting their eligibility for future rentals.

What Constitutes an Eviction Record?

• Court Judgments: Official court rulings ordering eviction.
• Eviction Filings: Notices or complaints filed with the court.
• Payment History: Accounts reflecting non-payment followed by eviction.
• Public Records: Listings accessible through background or tenant screening services.

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Can Pennsylvania Landlords Deny Applicants Based on Prior Evictions?

General Rule

Yes, landlords in Pennsylvania can deny rental applications based on prior evictions. Having a prior eviction on an applicant’s record is a legitimate and lawful factor for landlords to consider when assessing the applicant’s suitability for tenancy.

Why Prior Evictions Matter

• Risk Assessment: Evictions often indicate previous issues such as non-payment or lease violations, which may increase the risk of similar problems.
• Financial Considerations: Evicted tenants might have a history of unpaid rent or damages, impacting future income security.
• Property Protection: Evictions signal potential for property damage or non-compliance with lease terms.

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Legal Framework and Limitations

Although Pennsylvania law permits denial based on eviction history, landlords must exercise their screening practices fairly and within the bounds of other applicable laws.

Fair Housing Act Compliance

• Prohibition of Discrimination: Landlords must not discriminate against applicants based on protected classes such as race, color, religion, sex, disability, familial status, or national origin.
• Consistent Application: Screening criteria, including eviction evaluation, must be applied consistently to all applicants to avoid discriminatory practices.

Pennsylvania’s Protections for Tenants

• Privacy: Certain information regarding evictions may require verification and proper documentation prior to denial.
• Accuracy: Landlords should ensure eviction records are accurate and up-to-date before taking adverse action.

Use of Consumer Reporting Agencies

If relying on tenant screening or credit reports that include eviction histories:

• Adverse Action Notices: When denying an applicant based on information in a consumer report, landlords must provide an adverse action notice, including the name and contact information of the reporting agency.
• Verification: Give applicants an opportunity to dispute or explain any negative information before finalizing decisions.

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Best Practices for Pennsylvania Landlords Screening Applicants with Prior Evictions

To ensure lawful and effective screening, consider implementing the following best practices:

1. Establish Clear, Written Screening Criteria

• Define the role of eviction history in tenant selection.
• Clearly state what types of eviction cases will result in denial (e.g., recent evictions, multiple evictions within a time frame).
• Apply criteria uniformly to all rental applicants.

2. Verify Eviction Records Thoroughly

• Obtain official court documents or reliable tenant screening reports.
• Cross-check information to avoid errors or outdated records.
• Be cautious of mistaken identities or sealed expunged records.

3. Consider Circumstances Surrounding the Eviction

• Evaluate how recent the eviction was and the reasons behind it.
• Review evidence of subsequent positive rental history or financial stability.
• Allow applicants to provide explanations or references that may mitigate concerns.

4. Communicate Clearly with Applicants

• Inform applicants early about your eviction screening policies.
• If denying due to eviction records, provide clear details and any required adverse action notices.
• Maintain professionalism and confidentiality throughout the process.

5. Use a Consistent Screening Process

• Screen all applicants fairly to avoid discrimination claims.
• Document screening decisions and the basis for denials thoroughly.

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Conclusion

In Pennsylvania, landlords have the legal right to deny rental applicants who have prior eviction records, as these can be significant indicators of rental risk. However, it is crucial to apply this criterion transparently, fairly, and in compliance with federal and state laws to avoid discrimination and legal complications. Implementing clear policies, verifying records, and considering individual circumstances will help Pennsylvania landlords effectively assess applicants with eviction histories while maintaining professional and lawful tenant screening standards.