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SB 1364

An Act amending the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, in creation of leases, statute of frauds and mortgaging of leaseholds, further providing for leases for not more than three years and for leases for more than three years and providing for notice of building credit through rent reporting program for residential leases; and providing for reporting rent payment information to consumer reporting agency program.

2025-2026 Regular Session Introduced by Jay Costa and 10 co-sponsors

Creates an opt-in rent reporting program that shares tenants’ on-time payments with credit bureaus to build rental credit history.

Referred to Urban Affairs & Housing
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WeVote Research Nonpartisan
Bill Summary · SB 1364

Overview

SB 1364 (Pennsylvania, 2025-2026) amends the Landlord and Tenant Act of 1951 to:
- clarify leases for different term lengths;
- add a new framework for notifying tenants about a building credit through a rent reporting program; and
- create a new article establishing an opt-in program to report rent payment information to consumer reporting agencies (CRAs), including related definitions, fees, procedures, and oversight.

If enacted, the act would take effect six months after passage.

Purpose and intent

  • Modernize lease formation rules related to terms of up to three years and more than three years.
  • enable landlords to offer, and tenants to opt into, a rent reporting program that builds positive rental credit history by reporting timely rent payments to CRAs.
  • Provide a standardized process for notice, enrollment, fees, withdrawal, and program discontinuance, with consumer reporting considerations and consumer protection elements.

Key provisions and changes

Leases and duration (Sections 201–202)

  • Leases for not more than three years may be made by the landlord or agent, orally or in writing.
  • Leases for more than three years must be in writing and signed by both parties. If not, the lease is treated as a negatively binding “at will” lease unless the tenancy has continued beyond one year and liability for rent has been recognized, making the tenancy year-to-year.

New Rent Reporting Program (Article II-A; Sections 201-A to 210-A)

  • Scope: Creates an opt-in program for reporting a tenant’s on-time rent payments to a CRA for residential leases of individual dwelling units.
  • Definitions: Establishes terms for landlord, eligible tenant, dwelling unit, program, rent payment information, third-party vendor, written notice/election, and other related terms.
  • Establishment and participation (Section 203-A):
    • Landlords must establish an opt-in program within six months of the effective date.
    • Landlords may engage a third-party vendor to submit rent payment data to a CRA.
    • Tenants receive information about participation; a standard form (developed under Section 207-A) must be provided at lease inception and upon request thereafter.
    • Participation requires an eligible tenant’s written election.
    • Exceptions allow landlords who already offer rent reporting before the effective date or discontinue a prior program.
  • Notices (Section 204-A): Within 30 days of establishing the program, landlords must notify tenants in writing and post information publicly where rent payments are accepted.
  • Offers to participate (Section 205-A):
    • Landlords must offer participation to all eligible tenants.
    • Offers must include voluntary nature, how to opt in, withdrawal rights, CRA name, potential fees, where to submit elections, and consequences of non-payment of fees.
    • Standard form must accompany offers.
  • Acceptance and eligibility (Section 206-A): Eligible tenants may opt in any time after notification; eligibility cannot be offered to non-eligible tenants or to tenants with past-due rents or fees.
  • Standard form (Section 207-A): The Attorney General’s Office develops a standard form detailing the offer and educating about data accuracy, consumer rights, and credit-building resources.
  • Fees (Section 208-A):
    • Landlords may charge a fee to participate, capped at the actual cost to submit data or $5, whichever is less.
    • Unpaid fees may lead to removal from the program but cannot be deducted from security deposits; they accrue as past-due amounts.
    • If unpaid for 30+ days, the tenant is deemed to have terminated participation.
  • Withdrawal, removal, and discontinuance (Section 209-A):
    • Tenants may withdraw in writing; withdrawal timing affects reporting for the current period.
    • Removal can occur for non-payment or loss of eligibility; removal may bar re-entry for up to one year.
    • Landlords can discontinue the program with notice; refunds of prepaid fees must occur within five days.
  • Third-party vendors (Section 210-A): Landlords may contract with specialized rent-reporting vendors to meet program requirements.
  • Oversight and reporting (Section 211-A):
    • Legislative committee duties include developing data review rubrics, evaluating effectiveness, and requesting non-protected information from state/local agencies.
    • A biannual to quadrennial reporting cycle (every four years) is required to assess impact on credit visibility and public policy effects.

Who is affected

  • Landlords with at least 15 residential dwelling units (including multi-site ownership) and their agents.
  • Tenants of those residential units who are eligible and opt into the rent reporting program.
  • Third-party rent-reporting vendors engaged by landlords.
  • Consumer reporting agencies that would receive rent payment data.
  • The Pennsylvania Legislative Budget and Finance Committee for oversight and reporting.

Procedural and timeline aspects

  • Effective date: Six months after enactment.
  • Within six months: Landlords must establish opt-in programs for eligible tenants.
  • Within 30 days of program establishment: Landlords must notify tenants and post information publicly.
  • Opt-in window: Tenants may opt in at any time after notification; forms and process are standardized.
  • Fee mechanism: Fees set to cover data submission costs; failure to pay fees triggers withdrawal/removal procedures.
  • Quadrennial reporting: A comprehensive program impact report to legislative committees every four years.

Potential impact and considerations

  • Creates a formal pathway for credit-building through rent payments, potentially increasing rental credit visibility for tenants.
  • Introduces costs to tenants for participation, with caps and protections against double-collection from deposits.
  • Introduces data-sharing obligations to CRAs, raising concerns about data accuracy, disputes, and consumer rights, balanced by education and dispute-right provisions in the standard form.
  • Requires ongoing oversight and evaluation to assess policy effects on credit access and housing policy.

If you’d like, I can add a side-by-side comparison with current Pennsylvania law or provide a plain-language Q&A for tenants and landlords.

Compiled from official sources — confirm details with the bill’s official record.

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