Renters Access Act: A Welcome Development for the Phila. Rental Market
The act increases transparency in the rental application process and opens the door to tenants who, due to their past rental experiences, may otherwise be unable to rent an apartment.
February 10, 2022 at 01:50 PM
7 minute read
In response to this and the COVID-19 pandemic's devastating effect on Philadelphia tenants' records, councilmember at-large, Kendra Brooks, proposed the Renters Access Act. The act increases transparency in the rental application process and opens the door to tenants who, due to their past rental experiences, may otherwise be unable to rent an apartment. The act passed city council by a 16-1 vote, and went into effect Oct, 13, 2021. The act works to stifle the practice of blanket eviction bans and credit score thresholds typically used by landlords to quickly dispose of a prospective tenant's application.
Specifically, the act outlaws the use in whole or in part: anything showing a failure to pay during the COVID-19 emergency period; eviction actions that did not end in a judgement for the landlord; sealed eviction records; eviction judgments or filings older than four years from the date of application; eviction judgments marked satisfied or vacated; evictions filed during the COVID-19 emergency period unless they were for violent or criminal activity; or any judgment by agreement that is currently in place or where it has been satisfied or vacated. Furthermore, the act creates a "prohibition on blanket eviction and credit exclusions." See Phila Code 9-810(2). This means landlords cannot automatically decline to rent to a prospective tenant because the prospective tenant's credit score or tenant screening score derived from a tenant screening report falls below a specific numeric threshold. Importantly, the act does not prevent the use of credit scores or screening reports as part of the holistic screening process but limits specific numerical bars. The act creates a right for the tenant to ask for reconsideration within 48 hours of any denial and requires that landlords that own five or more units in Philadelphia offer the next available unit of comparable size and rent obligation if the tenant is able to show they can meet the rental obligation.
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