Pennsylvania Tenant Background Check and Screening Laws

What a Tenant Background Check Covers

You won’t learn everything about a tenant by skimming their rental application. Background checks help inform landlords about a tenant’s financial, rental, and criminal history, including:

Credit history: Background checks give you an overview of the applicant’s credit score and a list of their open credit lines. Beyond their credit report, you also see their payment history, credit inquiries, civil records, and collections history. These financial insights tell landlords whether the renter is in a good position to make timely rent payments.

Criminal history: If the renter has a criminal record, background checks give you a full overview. TurboTenant checks 200M+ records to reveal any previous misdemeanors, felonies, or active warrants. However, you can’t always consider a renter’s criminal history. The laws vary by state and city, so always check your current local guidelines to avoid disputes.

Eviction history: You’ll also see the renter’s eviction history, including:

• Writs and Warrants of Eviction,
• Judgments for Rent, Possession, and Money,
• Unlawful detainers, and
• Reports of failure to pay rent.

Be sure to verify Pennsylvania’s policy on eviction history before using it to make a decision.

Income verification and fraud detection: With a TurboTenant Pro account, landlords get enterprise-level fraud detection powered by Snappt. The advanced tenant screening option makes it quick and easy to spot fake employer information, altered documents, and known ‘bad actors.’

Rental history: Contacting previous landlords is a great way to learn about their rent payment habits and the condition they left the unit in after move-out.

References: It’s also a good idea to contact the renter’s previous employers and the personal references they listed on their application.

Federal Tenant Background Check Laws

To stay compliant when conducting each tenant background check, Pennsylvania landlords must follow these federal laws:

Fair Credit Reporting Act (FCRA): Before running a credit or background check, landlords must have a permissible purpose to pull a report. Receiving the applicant’s written, standalone consent is the standard method for gaining permission. Landlords must also provide a summary of the applicant’s FCRA rights, and if the report leads to a denial, a co-signer requirement, or other adverse terms, must send a pre-adverse action notice (complete with a copy of the report) before finalizing the adverse action notice (Fair Credit Reporting Act).

Fair Housing Act (FHA): The FHA prohibits landlords from discriminating against or denying applicants based on these protected traits:

• Race,
• Color,
• National origin,
• Religion,
• Sex,
• Familial status, and
• Disability.

Additionally, a landlord can’t use discriminatory screening practices (Fair Housing Act).

HUD Guidelines: HUD formerly advised against blanket bans on applicants with criminal history. However, as part of a deregulatory review in 2025-2026, that guidance was withdrawn. But while HUD guidance changed, case law still presents risks to landlords who outright ban criminal histories. Not following case law (Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project, 576 U.S. 519 (2015)) can still result in a landlord being subject to a fair housing claim. The best bet is to examine the nature, severity, and timing of an offense before denying housing.

Pennsylvania Tenant Screening Laws

Additionally, Pennsylvania tenant screening laws also govern background checks in the Keystone State. Here’s an overview:

State-specific Fair Housing additions: The Human Relations Act adds additional protected characteristics to the federal list, including:

• Age, and
• Use, handling, or training of an assistance animal for a person with a disability (43 Pa. Stat. § 951 et seq.).

Criminal history: Pennsylvania doesn’t cap how far back a landlord may look at unsealed records, but the state’s Clean Slate Act (18 Pa.C.S. §§ 9122.1-9122.5) automatically seals many records from public view. For example: non-convictions are sealed 60 days after final disposition; summary offenses are sealed after 5 conviction-free years; and most lower-level misdemeanors are sealed after 7-10 years, with some drug felonies now eligible after 10 years. These sealed records shouldn’t appear on a background check, but if they do, you’ll need to account for the Clean Slate Act. On the other hand, violent offenses, offenses requiring Megan’s Law registration, and most first- and second-degree felonies remain ineligible.

Fair Chance Housing (“ban the box”): At the state level, Pennsylvania doesn’t prohibit denials based on criminal records during the initial application phase, or restrict landlords from considering certain offenses.

State-level notice/disclosure requirements: When conducting a tenant background check, Pennsylvania law doesn’t require landlords to notify tenants or make disclosures beyond federal guidelines.

Reusable tenant screening reports: While some states allow them, the legal landscape is constantly changing. Check on your current local laws to stay compliant.

Tenant Screening Differences by City in Pennsylvania

Tenant screening laws vary across cities, too. Always stay up to date with your local requirements. Here’s a preview of how laws differ across cities:

Philadelphia, Pennsylvania

Before conducting a tenant background check, Philadelphia landlords must understand the following law:

Criminal lookback caps: Philadelphia law only allows landlords to consider felony convictions from the past 7 years, and misdemeanor convictions from the past 3 years. Additionally, landlords can’t consider certain offenses, such as expunged, juvenile, or non-conviction records (Philadelphia, Pa., Code § 9-3502, 9-3503).

Individualized assessment requirement: To stay compliant, landlords must conduct individualized assessments and use uniform screening criteria. Local law prohibits blanket exclusions and requires landlords to consider the entire application (Philadelphia, Pa., Code § 9-810).

Eviction history restrictions: The Renters’ Access Act prohibits landlords from automatically denying applicants who have an eviction record (Philadelphia, Pa., Code § 9-810).

Credit screening restrictions: Landlords can’t deny renters solely because of a low credit score (Philadelphia, Pa., Code § 9-810).

Source-of-income protection: Philadelphia law protects renters who use Section 8 vouchers or other rental assistance programs (Philadelphia, Pa., Code § 9-1108).

Pittsburgh, Pennsylvania

When it comes to tenant screening, Pittsburgh’s laws generally follow state guidelines. However, there is an additional law protecting renters based on their source of income and the tenant background check:

Pittsburgh source of income protection: Pittsburgh’s ordinance (Pittsburgh, Pa., Code § 659.03) lists source of income as a protected class, but the Pennsylvania Supreme Court deemed it unenforceable as it exceeds the City’s Home Rule authority (Apt. Assoc. Of Metro. Pittsburgh vs City of Pittsburgh, 26 WAP 2020).

Allentown, Pennsylvania

Similar to Pittsburgh’s laws for tenant screening, Allentown aligns with the state’s rulebook besides one exception:

Source-of-income protection: Allentown’s ordinance (Allentown, Pa., Code § 181.04), like Pittsburgh’s, bans source-of-income discrimination, including against housing-voucher holders. However, given the fact that the Pennsylvania Supreme Court struck down Pittsburgh’s ordinance on Home Rule grounds, this is an area to watch.

Red Flags to Watch Out For

When reviewing a tenant background check, Pennsylvania landlords should keep an eye out for these items that often point to larger issues:

Unverifiable income: Renters with a random income pattern may struggle to pay rent consistently.

History of evictions: Be wary of habitual lease violations. For greater clarity, always look into the circumstances and comply with local laws before making a decision.

Inconsistent rental history: Take a moment to look into the details, as the renter may have had trouble qualifying for rentals.

Late payments or collections: Renters who frequently pay rent late (or miss payments altogether) are more likely to disrupt your cash flow.

Criminal charges: In compliance with your local laws, look out for any serious offenses that may put the property or other tenants at risk.

How to Legally Run a Tenant Background Check in Pennsylvania

In conclusion, here’s a recap on how to properly run a tenant background check in Pennsylvania. Follow these best practices:

• Obtain the renter’s permission first: Get their written consent before conducting background or credit checks.
• Use a trusted service: TurboTenant is a reliable tool that conducts thorough tenant screening.
• Check for consistent identity details: Verify the renter’s SSN and identity to avoid fraud.
• Review reports carefully: Look into any red flags and cross-compare all documents.
• Check for evictions or criminal history: Remember to follow all state and local laws.
• Use consistent criteria: Prevent disputes by being fair and consistent across the board.
• Send an adverse action notice when needed: Notify applicants if you reject them based on their credit history.
• Streamline rental ownership from A to Z: TurboTenant simplifies everything, from the tenant background check to rent collection.