Pennsylvania Rental Application

What Type of Information Should Landlords Collect?

Rental applications are one of the most crucial parts of the rental process when helping landlords get to know potential tenants and assess their qualifications.

Most property management software companies, including TurboTenant, offer a free rental application. Utilizing these templates can make the process much easier for landlords, since they’ll know it includes all the necessary information to meet federal and state requirements.

Here’s some of the information you should include in your Pennsylvania rental application:

• Personal information: The applicant’s name (including co-applicants or co-signers), date of birth, email address, phone number, emergency contact, Social Security Number, smoking status, and more
• Financial information: Past and current employment history, including the applicant’s income history
• Rental history: Request the name and contact information of previous landlords to learn more about the applicant’s past rentals
• Professional references: Landlords may choose to verify current employment by requesting references
• Pets: If pets are allowed, applicants can disclose details about the animal they plan to bring
• Vehicle information: If a parking space is part of the rental agreement, landlords can collect information about tenant vehicles during the application process

Since applications collect sensitive data, laws specify what information landlords can obtain, the questions they can ask, and how they may use it when evaluating an application.

Pre-Screener

Before requiring an applicant to go through the application process, you can use a pre-screener to help determine if a potential tenant is a good fit before moving forward with a complete rental application.

Pre-screeners will typically collect the following information:

• Contact information
• Employment status
• Income
• Self-reported credit score
• Desired move-in date
• Number of occupants
• Pets
• Smoking

Pre-screeners can help you streamline the application process. However, they are not a substitute for a full application, which allows you to run a complete background check.

Federal Application Laws

Several federal laws help protect both landlords and tenants during the application process. As you build your Pennsylvania rental application, ensure you understand and follow these laws.

Fair Housing Act (FHA): The Fair Housing Act prohibits landlords from discriminating in their applications based on any of the following:

• Sex
• Religion
• Race
• Color
• Nationality
• Marital Status
• Disability

For example, you cannot ask questions like “Are you Christian?” or “What is your nationality?” Including these types of questions or making rental decisions based on them would violate the Fair Housing Act.

This law applies to landlords, property managers, and their employees (Fair Housing Act).

Equal Credit Opportunity Act (ECOA): The Equal Credit Opportunity Act prohibits landlords from discriminating against applicants who receive part of their income from government assistance. It also establishes guidelines for how landlords can evaluate rental and credit applications (Equal Credit Opportunity Act).

Americans with Disabilities Act (ADA): The Americans with Disabilities Act prohibits landlords from discriminating against applicants based on disabilities. Landlords must also provide necessary accommodations for an applicant’s disability (Americans with Disabilities Act).

Fair Credit Reporting Act (FCRA): The Fair Credit Reporting Act requires landlords to obtain written consent from applicants before conducting a credit check. Landlords must also inform applicants if their credit history results in a denial (Fair Credit Reporting Act).

Civil Rights Act of 1866: Landlords must treat all applicants equally, and never base rental decisions on an applicant’s race or color (Civil Rights Act of 1866).

Pennsylvania Application Laws

In addition to the federal Fair Housing Act, most states have their own fair housing laws that landlords must follow.

In Pennsylvania, landlords must follow the Pennsylvania Human Relations Act. This law protects housing applicants from discrimination based on race, color, religious creed, ancestry, age, sex, pregnancy or childbirth, national origin, familial status, and disability. It ensures equal housing opportunities for everyone in the state.

Source of income: Pennsylvania does not recognize income source as a protected class under state law, but some local ordinances do. If no local protection exists, landlords may choose whether to accept housing vouchers or other forms of rental assistance.

Criminal history: Landlords in Pennsylvania may conduct background checks during the application process. However, they must adhere to fair housing laws and cannot deny applications based solely on arrests without convictions. When evaluating convictions, landlords should consider the nature and severity of the offense, the time elapsed since it occurred, and its relevance to the safety of the property and other residents.

Eviction history: In Pennsylvania, eviction records are publicly accessible and can be used by landlords when making rental decisions. However, House Bill 1769, introduced in March 2024, aims to seal certain eviction records, particularly those involving no-fault cases, to prevent housing discrimination.

Sexual orientation & gender identity: The Pennsylvania Human Relations Commission and the Pennsylvania Human Relations Act protect individuals from discrimination based on sexual orientation and gender identity. Many cities and local authorities in Pennsylvania also have their own ordinances that provide additional protections.

Pets, ESAs, and Service Animals

If you allow animals in your rental units, include a section in your Pennsylvania lease agreement to collect information about the applicant’s animals.

Pennsylvania landlords cannot deny housing to an individual with a service animal or emotional support animal (ESA). Landlords also cannot charge pet deposits, pet rent, or fees for service or ESA animals.

Denial Process

Landlords can deny applications based on insufficient income, negative rental history, poor credit, criminal background, or incomplete or false information. However, they must apply these standards consistently to all applicants. To avoid issues, review every Pennsylvania rental application consistently.

Denial notice: In Pennsylvania, no laws mandate that landlords provide a denial notice within a specific timeframe. However, in Philadelphia, the Renters’ Access Act requires landlords to issue a written or electronic denial notice within three business days of rejecting an application.

Credit/background denials: If you deny an applicant based on their credit score, the Fair Credit Reporting Act requires you to provide the following information:

• The name of the company that conducted the credit or background check
• A notice that the applicant has the right to review and dispute the information
• The contact information of the reporting agency

Document storage: Pennsylvania does not require landlords to retain documents related to a denied rental application. However, keeping these records for at least two years is a good practice, especially if the denial involved a credit or background check.