Pa. lawmakers to consider sealing certain eviction records, as pitched by Rep. Smith-Wade-El

• By Jaxon White/LNP | LancasterOnline

Most rental applications ask potential tenants whether they’ve ever faced an eviction. This Watchdog, whose lease ends in July, has been asked that question quite a few times recently.

It’s best not to lie when answering. Eviction filings are public documents, and they’re among the first sources landlords turn to when researching a potential tenant’s background.

Eviction records remain on file indefinitely in Pennsylvania, even when a court rules in the tenant’s favor or an eviction case is withdrawn.

Tenant rights advocates have long highlighted that an eviction file, no matter how old, can stifle a person’s chances of finding a new home. Last year, the Housing Alliance of Pennsylvania released a study that found 80% of its surveyed landlords said they would not rent to a tenant with a past eviction case.

There are nearly 63,000 renting households in Lancaster County, the Housing Alliance estimates, and between June 2022 and June 2023, it found that more than 4,800 faced an eviction case.

To help renters whose past eviction cases follow them around for many years, state lawmakers are working to seal certain eviction records from the public eye.

Gov. Josh Shapiro called attention to the issue in his February budget address, giving the stalled proposal renewed life in the Legislature. He said it makes “no sense” for eviction records to serve as a “permanent mark” on a tenant’s history when the renter is not deemed to be at fault.

“Let’s deploy our commonsense mentality and fix this together by sealing those cases from public records,” Shapiro said to legislators.

This year, the key legislation involving eviction cases is sponsored by Lancaster state Rep. Izzy Smith-Wade-El, a Democrat who has prioritized housing issues since entering office in 2023.

His current pitch would seal eviction records in Pennsylvania that are seven years or older, matching the sunsetting rules applied to bankruptcy or foreclosure filings. The bill cleared the Pennsylvania House’s Housing and Community Development Committee earlier this month in a bipartisan vote.

“We treat renters like second-class citizens,” said Smith-Wade-El, who once worked for the Lancaster County Homeless Coalition. He told the Watchdog that the legislation should help empower tenants to be less fearful of bringing a complaint to their landlord about the property.

“It’s not a top-flight banner housing issue, but it’s absolutely one that’s making it harder for people to access housing and, frankly, kind of being used against people to hold them back,” Smith-Wade-El said.

Rising rates

A landlord can file an eviction case by alleging that a tenant failed to pay rent, or when a tenant fails to move out at the end of their lease or violates any of the terms listed in the lease agreement.

Evictions were widely suspended during the COVID-19 pandemic, but the Housing Alliance found that statewide rates have returned to pre-2020 levels. According to an Alliance researcher who analyzed data from the Administrative Office of PA Courts, 115,619 eviction cases were filed in Pennsylvania last year — the highest number since 2019.

About 72% of those cases were found in favor of the landlord, but more than 22% were withdrawn or settled. Tenants won just 1% of cases, while the remaining 5% were dismissed without a clear ruling.

Housing Alliance Executive Director Phyllis Chamberlain told the Watchdog that lifetime public access to eviction records is one of the “biggest challenges” to people who have faced an eviction but are looking for affordable housing.

Chamberlain said the “vast majority” of people who face eviction did nothing to violate their leases, besides falling behind on their rent. With skyrocketing housing prices, Chamberlain predicted, “There’s just possibly more households that are going to be in this situation.”

In the Capitol

House Democratic leadership is expected to bring Smith-Wade-El’s bill to a floor vote sometime in June while lawmakers are in Harrisburg for state budget negotiations.

Still, Smith-Wade-El’s legislation must clear the Republican-led Senate before it reaches Shapiro’s desk. Despite winning some bipartisan support in the House, including from East Donegal Township Republican Tom Jones, GOP leaders have stayed mum on the issue.

In an email to the Watchdog, Senate Majority Leader Joe Pittman’s spokeswoman, Kate Flessner, simply pointed out the bill would be sent to the proper committee if it passes the House. She did not say whether Pittman supported the legislation.

Judiciary Committee Chair Lisa Baker declined to comment, while Urban Affairs & Housing Committee Chair Joe Picozzi’s office did not respond to a request for comment.

Senate Democrats, led by Philadelphia Sen. Nikil Saval, have introduced a bill to seal all eviction filings until a tenant is found at fault in court. Republican Camera Bartolotta, of Washington County, also sponsored the legislation.

That proposal mirrors an earlier version of Smith-Wade-El’s bill. He changed it, he said, to win the support of the Pennsylvania Association of Realtors, a key stakeholder.

“We are looking to pass this version of the legislation and then use it as a foundation to continue expanding tenants’ rights,” Smith-Wade-El said, “with the gold standard being that all evictions be sealed where there is any judgment or result in favor of the tenant.”