Philadelphia tenant screening & landlord laws
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Philadelphia tenant screening
Tenant screening generally means reviewing a rental applicant's credit, criminal, eviction, and income history before deciding whether to offer a lease. Because Philadelphia is located in Pennsylvania, Pennsylvania's Landlord and Tenant Act of 1951 generally sets the statewide floor, but Philadelphia has added some of the more detailed, screening-specific rules found on this page through its own ordinances — most notably the Renters' Access Act. Pennsylvania itself is a comparatively lighter-touch state in several respects: it generally has no statewide cap on screening/application fees and no statewide source-of-income protection, but it does cap and regulate security deposits.
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Pennsylvania baseline, in brief:
What Pennsylvania law already provides
- Screening/application fees: Pennsylvania has no statewide cap on tenant screening or application fees.
- Criminal history: No Pennsylvania state statute specifically limits how landlords may use criminal history in a rental decision beyond the federal Fair Housing Act framework. The Pennsylvania Human Relations Act adds age and pregnancy status as state-protected classes in housing, but does not add criminal history or source of income.
- Source of income: Not protected under Pennsylvania state law; this protection exists only where a city or county has separately adopted it — Philadelphia is one such city, addressed below.
- Security deposits: Generally capped at two months' rent during the first year of tenancy and one month's rent after that, per Pennsylvania's Landlord and Tenant Act (commonly cited as 68 P.S. § 250.511a), with a 30-day return timeline and interest owed on deposits held beyond two years.
- Rent control: Pennsylvania has no statewide rent control. Unlike states such as Texas or Arizona, Pennsylvania may allow cities to adopt their own rent control ordinances; confirm any local ordinances that may apply.
How Philadelphia's rules layer on top of Pennsylvania law
Philadelphia layers real, verified screening-specific ordinances on top of the state baseline — more so than is typical for a city page. Philadelphia's Renters' Access Act, codified at Philadelphia Code §§ 9-1108(3)–(4) and 9-810 (added by Bill No. 210329-A, approved July 15, 2021, effective October 13, 2021), and Philadelphia's Fair Practices Ordinance, at Philadelphia Code § 9-1108(1) (source-of-income protection added by Bill No. 200544, approved December 1, 2020, effective January 30, 2021), both add meaningful requirements beyond Pennsylvania's state-law floor. Philadelphia's Commission on Human Relations (PCHR) and Fair Housing Commission generally enforce these rules. Because municipal codes are amended over time, confirm the current language at American Legal Publishing.
Screening rules to follow in Philadelphia
- Uniform written screening criteria required: Before accepting a rental application or an application fee, a Philadelphia landlord must generally provide prospective applicants with written or electronic uniform screening criteria, made readily available (for example, posted on a rental listing or on the premises), under § 9-1108(3).
- Adverse action beyond FCRA: If a landlord rejects an application, § 9-1108(4) generally requires a written or electronic statement of all reasons for denial, plus copies of any third-party reports relied on (to the extent FCRA permits), within three business days of the rejection — a specific timing requirement that goes beyond FCRA § 615's more general "reasonable time" standard. Publicly-assisted rental housing is exempt from this specific subsection. Because municipal codes are updated periodically, confirm the current language at American Legal Publishing (codelibrary.amlegal.com) — The Philadelphia Code, § 9-1108. Unlawful Housing and Real Property Practices..
- Applicant dispute rights: A rejected applicant generally has 48 hours to notify the landlord of an intent to dispute the decision or seek reconsideration, and seven business days to submit evidence of inaccurate information or mitigating circumstances, per the city's Renters' Access Act guidance.
- "Next available unit" offer: If a rejected applicant successfully disputes or provides mitigating evidence, a landlord who owns five or more rental units in Philadelphia must generally offer the next available unit of comparable size and price; landlords with four or fewer Philadelphia units are exempt from this specific requirement.
- Eviction-record screening limits: Under Philadelphia Code § 9-810, landlords generally cannot use a blanket exclusion based on eviction records, and generally cannot deny an applicant based on an eviction record that is more than four years old, was sealed, was withdrawn or marked satisfied/settled/discontinued, was filed during the COVID-19 emergency period (with an exception for judgments tied to violent or dangerous criminal activity), or has a resolved judgment by agreement. Because municipal codes are amended periodically, confirm the current language at the American Legal Publishing Code Library (codelibrary.amlegal.com) – The Philadelphia Code.
- Credit-score limits: Landlords generally cannot use a credit score or tenant-screening score alone as the sole basis for denial, though relevant credit history may still be considered as part of a broader review.
- Criminal history: "Relevant criminal history" is listed among the criteria a Philadelphia landlord may generally screen for under the Renters' Access Act guidance. Landlords should verify with current city code whether any specific look-back limits or individualized-assessment mandates apply to criminal records in housing decisions, comparable to the city's rules for eviction records. Philadelphia's separate "Fair Chance Hiring" law (also enforced by PCHR) governs criminal-history use in employment, not housing.
- Source of income / vouchers: Under § 9-1108(1), it is generally an unlawful housing practice in Philadelphia to refuse to rent, misrepresent voucher acceptance, or otherwise restrict availability or services because a prospective or current tenant's source of income includes a housing assistance voucher (such as a Section 8 Housing Choice Voucher). A 2024 amendment (Bill No. 240060, approved September 4, 2024, effective December 4, 2024) added a requirement that landlords generally cooperate with tenants completing voucher paperwork. A further amendment (Bill No. 260058) was approved May 7, 2026. Landlords should review this amendment for any new requirements.
Rent and eviction rules in Philadelphia
Philadelphia landlords should verify current municipal code for any citywide rent-control, rent-stabilization, or general just-cause eviction ordinances. Because Pennsylvania does not appear to affirmatively preempt local rent control, the city's legal posture is different from jurisdictions in states with preemption. Evictions in Philadelphia otherwise generally proceed under Pennsylvania's statewide Landlord and Tenant Act framework, including its notice-period requirements.
County/township layers
Pennsylvania's local-government structure works differently from Texas's or Arizona's: land outside a city is generally organized into townships and boroughs sitting within a county, rather than simple "unincorporated county area." Philadelphia is a further exception to that pattern — under Pennsylvania's City-County Consolidation framework (Title 2 of the Philadelphia Code), the City of Philadelphia and Philadelphia County are coterminous and share a single consolidated government. There is, in other words, no separate surrounding "Philadelphia County" government that could layer its own landlord-tenant ordinance on top of the city's — the city ordinances described above already function as the county-level rule for this area.
Frequently asked questions
Does Philadelphia require landlords to post screening criteria before accepting applications?
Generally, yes. Under the Renters' Access Act (Philadelphia Code § 9-1108(3)), landlords must generally provide written or electronic uniform screening criteria before accepting a rental application or fee.
Is source of income a protected class in Philadelphia?
Generally, yes. Philadelphia Code § 9-1108(1) generally prohibits refusing to rent or otherwise restricting housing based on a tenant's source of income, including housing choice vouchers — this is a city-level protection that does not exist under Pennsylvania state law.
Can a Philadelphia landlord deny an applicant for an old or unresolved eviction record?
Generally not automatically. Philadelphia Code § 9-810 generally restricts using eviction records that are more than four years old, sealed, withdrawn, filed during the COVID-19 emergency period, or that did not end in a judgment for the landlord, and prohibits blanket exclusions based solely on eviction history.
Does Philadelphia have rent control?
Landlords should confirm whether Philadelphia has a rent-control ordinance. Unlike some states, Pennsylvania does not appear to statutorily block cities from adopting one.
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Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.