Please ensure Javascript is enabled for purposes of website accessibility Smith-Wade-El’s legislation to seal eviction records for millions of Pennsylvanians who struggle to find housing reported out of committee

Smith-Wade-El’s legislation to seal eviction records for millions of Pennsylvanians who struggle to find housing reported out of committee

HARRISBURG, May 5 – State Rep. Ismail Smith-Wade-El’s legislation that would seal eviction records for the millions of Pennsylvanians whose records prevent them from being able to secure adequate housing was reported out of committee today with overwhelming bipartisan support, 23-3.

“Pennsylvania’s families deserve access to safe and affordable housing where they can raise their children and our workers deserve the opportunity to secure career-advancing jobs,” Smith-Wade-El said. “But millions of Pennsylvanians, who have eviction records, can’t find housing because of a past eviction, creating instability in family life and disrupting workforce development for entire communities.”

Smith-Wade-El introduced H.B. 1095 to protect communities and ensure fair housing access by instituting a statewide policy that would establish procedures to limit access to eviction records in certain cases, such as no-fault evictions. In cases where the tenant has been determined to be at fault by a judge, the records would remain accessible to the public for seven years, bringing them into line with policies related to bankruptcies and foreclosures.

According to Smith-Wade-El, most landlords and property managers now use automated tenant screening measures that deny the application of anyone with a single eviction record. That’s even the case if the motion to evict was withdrawn, the court found in favor of the tenant, or the tenant was enduring domestic violence when evicted.

Smith-Wade-El noted that when an individual can’t get housing, it creates a cascade of related issues that can quickly become insurmountable. Families get separated, and people lose their jobs or can’t get a new one because they don’t have a permanent address. The unhoused person is also more likely to enter an unsafe housing situation out of desperation, such as returning to an abusive partner.

“This isn’t just devastating individuals and families,” Smith-Wade-El continued. “When someone can’t find housing, they’re also rendered virtually unemployable. Millions of Pennsylvanians can’t find housing because of a past eviction, negatively impacting entire communities. It’s another case of a greed-centered corporate practice straining the commonwealth’s social support systems – which, of course, ultimately lands on the backs of families like yours and mine.

“Eviction records are one of the factors contributing to the housing crisis in America. A healthy, just society allows room for mistakes, recognizing that nobody is perfect. I don’t think any of us truly believes one mistake ought to follow someone around forever and ruin their chance at a stable life in a good community. It’s time to decide what kind of people we want to be – do we want to look backward for ways to punish people for a lifetime, or do we want to push forward in our endeavor to foster safe, happy communities?”

These stakeholders have come out in support of H.B. 1095:

  • Pennsylvania Association of Realtors
  • Alliance for Safety and Justice/Crime Survivors for Safety and Justice
  • Face to Face Legal Center
  • Regional Housing Legal Services
  • Lehigh Valley RHAB
  • Public Interest Law Center
  • United Way of PA
  • We are Tenfold
  • Pittsburgh Eviction Prevention Cohort o/b/o ACTION-Housing, Inc., Community Justice Project, Fair Housing Partnership, The Hill District Consensus Group, Housing Alliance of Pennsylvania, Lawrenceville United, Pittsburgh Housing Justice Table, The Pittsburgh Foundation, Regional Housing Legal Services, RentHelpPGH, United Way of Southwestern Pennsylvania, Urban Redevelopment Authority of Pittsburgh, and Willissae's Agency for Vision and Empowerment (WAVE)
  • Philadelphia Unemployment Project
  • Philly VIP
  • Urban League of Philadelphia
  • Philadelphia Human Relations Commission/Fair Housing Commission
  • Homeless Advocacy Project
  • Community Legal Services of Philadelphia
  • PolicyLink
  • RentHelpPGH
  • Philadelphia Rent Control Coalition
  • SeniorLAW Center
  • Legal Clinic for the Disabled

The bill now is headed to the House floor for consideration.

ADDITIONAL INFORMATION:

Community Legal Services’ 2023 report - Advancing Pennsylvania’s Housing Futures: Sealing Eviction Records for Housing Stability & Economic Prosperity.