RENTERS'
ACCESS ACT
POLICY PURPOSE
The Renters' Access Act ensures fair access
to housing by creating uniform screening
criteria guidelines for applicants related to
the use of rental and credit history
INTENDED AUDIENCE
The City of Philadelphia is providing this
guidance to rental property landlords and
tenants to support compliance with these
new regulations
CONTACT
For more information or to ask a question,
please contact the Philadelphia Commission
on Human Relations at [email protected] or
the Fair Housing Commission at
Overview...................................................................1
Tenant Screening Guidelines
Summary....................................................................2
Landlord Requirements .............................................3
Exceptions and Enforcement ....................................4
Additional Information
Renters' Step-By-Step ..............................................5
Landlord FAQ .............................................................5
Appendix I (Landlord Templates)
Sample Tenant Screening Criteria .............................6
Sample Adverse Action & Notice of Rights..............7-8
Appendix II (Tenant Template)
Sample Request for Reconsideration ........................9
RENTERS'ACCESS ACT
Sections 9-1108(3) and (4) and Section 9-810 establish
the following regulations pertaining to applicant screening
guidelines and process for prospective tenants.
Before accepting an application or application fee
for rental housing, landlords must provide the
applicant with the written or electronic uniform
screening criteria.
The Uniform Screening Criteria should not
include any of the prohibited screening criteria
established in Section 9-810.
If a landlord rejects an application, within three
business days of the rejection, they must provide
a written or electronic statement of reasons for
the rejection and include copies of any third-
party reports the landlord relied on.
After receiving notice of rejection, a rejected
tenant has 48 hours to notify the landlord of their
intent to dispute or request reconsideration of the
denial, and seven business days to provide
evidence of (1) incorrect, inaccurately attributed,
or prohibited information, or (2) mitigating
circumstances related to the grounds for denial.
If a rejected applicant disputes information or
seeks reconsideration, and provides
information that demonstrates their ability to
satisfy the requirements of tenancy, the landlord
must offer to the rejected applicant the landlord's
next available dwelling unit of comparable
size and rental price if the landlord owns five or
more rental units in the City of Philadelphia.
Rental history
Credit history and credit
score
NEW REQUIREMENT
Section 9-1108(3) and (4)
establish the guidelines for use
of the following information in
rental screening:
1.
2.
REMINDER
Section 9-810 should not be
read as an exclusive list of the
criteria that must apply for your
property. Landlords are still
required to establish screening
criteria for prospective tenants
that adhere to the guidelines
established in this section.
Section 9-810 does not prevent
or preclude landlords from
utilizing less restrictive
screening criteria.
Rental references
Evictions occurring within last 4 years
Relevant credit history
Income
Relevant criminal history
ID verifications
Other non-prohibited criteria selected by
the landlord
RENTAL HISTORY
CREDIT HISTORY
OTHER SCREENING CRITERIA
Evictions occurring four or more years prior
Eviction records that:
Did not end in judgment for the landlord
Have been sealed
Have been withdrawn or marked satisfied
or settled, discontinued and ended
Were filed during the COVID-19
emergency period
Have a judgement by agreement in place
or have been resolved
Failure to pay rent or utility bills during the
COVID-19 emergency period
RENTAL HISTORY
CREDIT HISTORY
RENTERS'ACCESS ACT
Credit score or tenant screening score
Eviction records
Cannot have a blanket exclusion policy
against people with eviction records
Cannot have a blanket exclusion policy
based solely on a credit score or tenant
screening score
Cannot deny a rental application based on
an applicant’s failure to pay rent or utility
bills during the COVID-19 emergency
period
Cannot deny a rental application based on
an eviction record that (1) did not end in
judgment for the landlord; (2) is sealed; (3)
has been withdrawn or marked satisfied or
settled, discontinued and ended; (4) is
more than four years old; (5) was filed
during the COVID-19 emergency
period***; or (6) has a judgment by
agreement currently in place or resolved
Ignore all eviction records when
performing an individualized assessment
of an applicant
Ignore credit scores or reports when
performing an individualized assessment
of an applicant
Ignore other evidence of an applicant’s
inability to pay rent
Create and post written or electronic
uniform screening criteria for tenants
Notify electronically or in writing
prospective tenants whose applications
have been reviewed and rejected within
three business days of the decision, and
provide a copy of any third-party reports
used to make that decision
Conduct an individualized assessment
of tenant applications
Review any additional information an
applicant provides if they choose to seek
reconsideration or dispute information*
Offer the next available unit of
comparable size and price to a rejected
applicant, if the rejected applicant provides
information to demonstrate they could
meet the obligations of tenancy**
Include any particular requirements in
their screening criteria
Review every application they receive
Give preference to tenants of any kind
Automatically rent to an applicant who
seeks reconsideration, or participate in
any kind of hearing overseen by a third
party
Offer the next available unit to applicants
who do not demonstrate they could meet
the obligations of tenancy
*An applicant must notify the landlord of their intent to seek reconsideration within 48 hours after
receiving notice of denial.
**This provision applies only to landlords who own five or more rental units in the City of Philadelphia.
***This provision includes an exception for evictions based on violent or dangerous criminal activity
that resulted in a judgment against the tenant.
RENTERS'ACCESS ACT
PUBLICLY-ASSISTED RENTAL HOUSING
Landlords of publicly-assisted rental housing are
exempt from the requirements to provide a
written statement of reasons for the denial of a
rental application, and from the Uniform
Screening Guidelines established in section 9-
810.
SMALL LANDLORDS & REQUESTED OFFER
OF NEXT AVAILABLE UNIT
Landlords with four or fewer dwelling units within
the City of Philadelphia offered for rent are
exempt from the requirement to offer the next
available rental dwelling unit to a rejected tenant
who provides information to demonstrate their
ability to satisfy the obligations of tenancy.
LEGISLATIVE CODE:
Sections 9-1108(3) & (4) of the Philadelphia
Code, requiring uniform written or electronic
screening criteria and a written statement of
reasons for the denial of an application, will be
monitored and enforced by the Philadelphia
Commission on Human Relations.
If a violation of an ordinance occurs, the landlord
is subject to Section 9-1121 of the Philadelphia
Code. Section 9-1121 provides that a violation of
any provision of Chapter 9 is punishable by a
fine not to exceed two thousand dollars ($2,000)
for each violation. More information is available
at phila.gov/departments/philadelphia-
commission-on-human-relations/
PRIVATE RIGHT OF ACTION CREATED:
Any tenant aggrieved by a landlord's
noncompliance with Section 9-810 has the right
to file a lawsuit in court.
RENTERS'ACCESS ACT
For a sample notice of intent to dispute information or request reconsideration, see page
9.
Disputing Information: You can provide evidence that information relied upon by the
prospective landlord was (1) inaccurate, or (2) incorrectly attributed to you, the
prospective tenant, or (3) was based on screening criteria prohibited by Section 9-810.
Evidence of Mitigating Circumstances: You can also provide evidence of mitigating
circumstances--related to the reasons your application was denied--to show that you are
able to satisfy the obligations of tenancy. Some examples of this type of evidence
includes, but is not limited to:
a history of on-time rental payments that otherwise may not appear in a background
check;
proof that a prior eviction based on nonpayment of rent was based, in whole or in
part, on rent you did not personally owe;
new or increased income that is reliable and sufficient to cover rental costs;
letters of recommendation provided by employers or former housing providers;
changes in circumstances that would make prior lease violations less likely to
reoccur.
After an applicant receives notice that their rental application has been denied, they have the
right to (1) dispute information the landlord relied upon in making their decision, and/or (2)
provide evidence of mitigating circumstances.
Here's what to do you if you'd like to dispute information or request reconsideration after
receiving a notice that your rental application has been denied:
Step 1: Within 48 hours of receiving a statement of rejection, provide the prospective
landlord written, electronic, or verbal notice of your intent to dispute information or request
reconsideration of the denial.
Step 2: Within seven business days of receiving a statement of rejection, provide evidence
of incorrect information or mitigating circumstances to the prospective landlord.
How do I get information on a
tenant's background?
Landlords can request
documentation from tenants in
accordance with their uniform
screening criteria. Landlords also
often charge application fees and
utilize tenant screening companies
to obtain information on an applicant.
Screening companies can provide
you with reports based solely on the
type of information you are looking to
review. This information should align
with your uniform screening criteria.
Can I still utilize a rental
reference?
Yes, landlords may still request a
rental reference from an applicant
and use that information in your
applicant screening process, so long
as the screening process is
compliant with Sec. 9-810. The
landlord should document how a
rental reference will be used and
what information may result in an
application being denied.
Can I still use credit scores?
A landlord cannot disqualify an
applicant based solely on the credit
score itself. A landlord can use
relevant information from the credit
report that is related to an applicant's
rental history, and can consider a
credit score as part of a wholistic
screening process.
How do I legally deny an
applicant?
If a landlord denies a rental housing
application, they must provide the
applicant with a written notice of
denial within 3 business days of the
rejection. The notice must include the
basis for the disqualification.
Can I request an applicant have a
cosigner or guarantee?
Yes. A cosigner or guarantee is
usually requested when an applicant
does not meet the screening
requirement on their own. You can
continue to utilize this option in these
instances.
Do I have to hold a unit while a
rejected applicant disputes
information or seeks
reconsideration?
No, the landlord does not have to
hold a unit if a rejected applicant
disputes information or seeks
reconsideration. However, if a
rejected applicant provides new
information that would prove to a
reasonable person that they can
meet the requirements of tenancy,
a landlord with five or more rental
units in the City of Philadelphia
must offer the rejected applicant
their next available unit of
comparable size and rental price.
Is a rejected applicant who
successfully disputes
information or seeks
reconsideration of denial
required to accept the offer of a
landlord's next available unit?
No, the rejected applicant is under
no obligation to accept the
landlord's next available unit.
RENTERS'ACCESS ACT
SAMPLE SCREENING CRITERIA
Rental application
Must be complete, correct, and verified
Income
Must be at least $_____________
Must be verified
Reference from previous landlord and/or employer
Credit history
Must prove history of on-time rental payments
All rental applications will be screened for the following criteria:
Please note that all tenant applications will be screened by
[INSERT SCREENING COMPANY NAME].
RENTERS'ACCESS ACT
Disclaimer: Use of these sample forms does not necessarily satisfy obligations under federal/state law, and language
concerning the FCRA is provided for convenience only. Additionally, this is not an exhaustive list of tenants’ rights under the
FCRA. Landlords have a responsibility to assure compliance with all federal and state laws, and the City cannot provide
guidance on compliance with the FCRA.
Pursuant to Section 615(b) of the Fair Credit Reporting Act (FCRA), you are entitled to receive
disclosure of the nature of this information within 30 days if you make a written request no later than 60
days after delivery of this notice.
To the extent permitted by the Fair Credit Reporting Act, 15 U.S.C. Section 1681, et. seq., you have
the right to a copy of any documents obtained from a third party for the purpose of establishing the
applicant’s eligibility or otherwise deciding whether to rent the unit to the applicant, within three
business days of the rejection.
[DATE]
[APPLICANT’S NAME]
[APPLICANT’S ADDRESS]
Dear [APPLICANT’S NAME],
Thank you for submitting your rental application to us. We regret to inform you that your application has
been rejected due to the following reasons:
☐ Income
☐Is below our minimum requirement
☐Could not be verified
☐ Rental application
☐Contained insufficient information
☐Contained erroneous information
☐Information could not be verified
☐ Information obtained from third parties other than a consumer reporting agency
☐Consumer report(s) and/or score provided by ____________________
☐ Credit Report
☐ Tenant Screening Report
☐ Investigative Consumer Report
Right to Third Party Documentation
Right to Dispute Information or Seek Reconsideration
You have the right to dispute or request reconsideration of your application. You must notify me in writing,
by phone, or in person if you wish to dispute or request reconsideration of the denial within forty-eight (48)
hours after receiving this notice. I can be notified using the below contact information:
Name: _____________________________________
Address ____________________________________
Phone Number: ______________________________
Email: _____________________________________
SAMPLE ADVERSE ACTION NOTICE AND NOTICE OF RIGHTS
Disclaimer: Use of these sample forms does not necessarily satisfy obligations under federal/state law, and language
concerning the FCRA is provided for convenience only. Additionally, this is not an exhaustive list of tenants’ rights under the
FCRA. Landlords have a responsibility to assure compliance with all federal and state laws, and the City cannot provide
guidance on compliance with the FCRA.
RENTERS'ACCESS ACT
any evidence that the information relied upon was inaccurate or incorrectly attributed to the applicant
any evidence that the information relied upon was based on prohibited screening criteria, such as
LIST OUT
For more information, see Philadelphia Code Section 9-810
a history of on-time rental payments
that a prior eviction of the prospective tenant based on nonpayment of rent was based, in whole or in
part, on rent not owed by the applicant
new/increased income of the applicant that is reliable and sufficient to cover rental costs;
letters of recommendation by employers or former housing providers
changes in circumstances that would make prior lease violations less likely to reoccur.
I will reasonably consider:
If you request reconsideration within 48 hours of receiving this notice, you have seven business days after
receipt of this notice to provide any of the above information.
Rights under the Federal Credit Reporting Act [If Applicable]
Your application was denied, in whole or in part, on the basis of a report given by a consumer reporting
agency and/or on the basis of the information obtained from other sources. Accordingly, you have the right
under the Fair Credit Reporting Act to make a written request, within 60 days from the receipt of this
notice, to obtain a free report from any of the following Agencies:
Equifax Information Services
PO Box 105873
Atlanta, GA 30348-5873
(800) 685-1111
Experian (TRW)
PO Box 2104
Allen, TX 75013-2014
(888) 397-3742
Trans Union
PO Box 2104
Chester, PA 19022
(800) 888-421
Additionally, www.annualcreditreport.com is a free online service you can use to order all three of your
credit reports once per year.
You also have the right to dispute your credit report on the basis of its inaccuracy or incompleteness. For
more information, including information about additional rights, go to
www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street
N.W., Washington, DC 20552.
Sincerely,
[LANDLORD OR AGENT]
[LANDLORD OR AGENT’S ADDRESS]
SAMPLE ADVERSE ACTION NOTICE AND NOTICE OF RIGHTS
(CONTINUED)
RENTERS'ACCESS ACT
Disclaimer: Use of these sample forms does not necessarily satisfy obligations under federal/state law, and language
concerning the FCRA is provided for convenience only. Additionally, this is not an exhaustive list of tenants’ rights under
the FCRA. Landlords have a responsibility to assure compliance with all federal and state laws, and the City cannot provide
guidance on compliance with the FCRA.
Request reconsideration of this decision
Dispute incorrect information used in making this decision
[DATE]
[PROSPECTIVE LANDLORD’S NAME]
[PROSPECTIVE LANDLORD’S ADDRESS]
Dear [PROSPECTIVE LANDLORD’S NAME],
I received your notice of denial of my rental application on [DATE]. I am writing to inform you that I
plan to:
I will be providing you additional information within seven business days of when I received the
notice of denial.
Sincerely,
[APPLICANT’S NAME]
[APPLICANT’S ADDRESS, PHONE, AND/OR EMAIL]
SAMPLE REQUEST FOR RECONSIDERATION
RENTERS'ACCESS ACT
