Tenant screening in Philadelphia isn’t just about picking a good applicant. Since October 13, 2021, the Renters’ Access Act has set rules for how landlords screen, and newer ordinances add limits on application fees and credit checks. Here’s how to build a screening process that’s fair, consistent, and defensible.
What is the Renters’ Access Act?
The Renters’ Access Act is two City Council bills (No. 210329-A and No. 210330-A) that took effect October 13, 2021. They’re codified at Philadelphia Code § 9-1108(3)–(4) and § 9-810. The Fair Housing Commission publishes tenant screening guidelines to help landlords comply. The rules apply to landlords, property managers, brokers, and anyone else who advertises a unit for rent.
Rule 1: Publish written screening criteria first
You can’t start accepting applications until you’ve made uniform written rental screening criteria readily available to every potential applicant. For example, you can post them prominently on your rental website or at the property. The criteria must list all the objective and subjective standards you’ll use, such as income, credit, rental history, and any other factors (§ 9-1108(3)). If you skip this step, it can be used as evidence of an unlawful housing practice.
Rule 2: No blanket eviction or credit-score cutoffs
You may not keep a policy of automatically rejecting applicants just because (§ 9-810(2)):
- They have an eviction record, or
- Their credit score or tenant screening score falls below a set number.
Instead, the law requires an individualized assessment of each application against your uniform criteria (§ 9-810(3)(a)).
Rule 3: Some records are off-limits entirely
You cannot deny an applicant based in whole or in part on (§ 9-810(3)(b)):
- Credit or screening reports showing missed rent or utility payments during the COVID-19 emergency periods defined in the Code
- Eviction cases that didn’t end in a judgment for the landlord
- Sealed eviction records
- Eviction judgments that were vacated or marked satisfied
- Eviction cases filed, or judgments entered, four or more years before the application
- Most evictions brought during the COVID-19 emergency period. The exception is a judgment based on violent or dangerous criminal activity.
- Evictions resolved by a judgment by agreement that’s in place, satisfied, vacated, or otherwise resolved
Rule 4: Explain denials in writing within three business days
If you reject an application, you must give the applicant a written or electronic plain statement of all the reasons within three business days. To the extent the federal Fair Credit Reporting Act allows, include copies of any third-party reports you relied on (§ 9-1108(4)). An application counts as “rejected” if it was denied after you reviewed the applicant’s eligibility and suitability, or if you collected an application fee.
Rule 5: Allow disputes and reconsideration
After a denial, the applicant has 48 hours to tell you they want to dispute it or ask for reconsideration. They then have seven business days to send you evidence, which you must reasonably consider (§ 9-810(4)). That evidence might show your information was wrong, or it might show mitigating circumstances: on-time rent history, new income, recommendation letters, or changed circumstances.
If you own five or more Philadelphia rental units and rent the unit to someone else in the meantime, you may have to offer the applicant your next available comparable unit if their information shows they’re qualified (§ 9-810(5)).
Application fees and credit checks (effective December 2, 2025)
A newer ordinance, § 9-814, adds these limits:
- The only fee you may charge a prospective tenant is for a background and/or credit check.
- That fee can’t exceed the actual cost or $50, whichever is less, and you can’t charge for a check you didn’t run.
- A landlord or owner may charge the same person only one screening fee in any 12-month period.
- No “hard pull” credit checks that affect the applicant’s score.
- You must give the applicant a copy of any background or credit check you run, and follow the FCRA, including adverse action notices.
Don’t forget fair housing basics
Philadelphia’s Fair Practices Ordinance prohibits housing discrimination based on many protected classes, including source of income (such as Housing Choice Vouchers). It’s unlawful to falsely say a unit isn’t eligible for a voucher or to refuse to cooperate with voucher paperwork (§ 9-1108(1)).
What’s the risk of getting it wrong?
A violation of § 9-810 is a Class III offense. Applicants can also sue for actual damages, punitive damages of up to $2,000 per violation, and attorney’s fees (§ 9-810(6)–(7)). Publicly assisted housing has a partial exemption, but tenant-based vouchers don’t trigger it.
FAQ
Can I still require a minimum credit score?
You can consider credit, but you can’t automatically reject someone solely for falling below a numeric score. Each applicant needs an individualized review.
Can I look at eviction history at all?
Yes, except for the protected categories above, such as sealed records, cases the landlord lost, and filings four or more years old.
How fast do I have to send a denial letter?
Within three business days of the rejection.
What’s the most I can charge for an application?
The actual cost of the background and/or credit check, up to $50.
Do these rules apply to small landlords?
Generally yes. The next-available-unit offer applies only to landlords with five or more Philadelphia units.
Screening that’s fair and consistent
Good screening protects you, your tenants, and your property. Our Philadelphia property management team at JG Real Estate builds compliant, consistent screening into every lease-up. Learn more about our Philadelphia property management services or call 215.467.4100.
More in this series: Philadelphia Rental License and CRS guide · Lead safe and lead free certification · Eviction Diversion Program and Good Cause · Year-round landlord compliance checklist
Sources: Phila. Code § 9-1108 · Phila. Code §§ 9-810, 9-814 · Renters’ Access Act Tenant Screening Guidelines (phila.gov)
