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04/19/2024 03:50 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=23745
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: April 26, 2017 09:50 AM
From: Representative Scott A. Petri
To: All House members
Subject: Pre-Lien Notification to Landlords
 
In the near future I will be introducing legislation to amend the Municipal Claim and Tax Lien Law (MCTLL) concerning responsibility for and pre-lien notification regarding delinquent water, sewage, and gas accounts.

In regards to municipal water and sewage, my legislation will bring MCTLL into balance with a provision already in the Municipality Authorities Act. Specifically, my language will provide that the owner’s duty to pay a tenant’s bill and the lien regarding the account shall exist ONLY if the municipality notifies the owner and the tenant within 30 days after the bill first becomes overdue. It also provides that the owner shall not be liable for any service provided to the tenant 90 or more days after the bill becomes overdue.

The gas service provision in the legislation is a response to a federal court decision issued in March, wherein the court ruled that the city of Philadelphia’s process for placing liens on delinquent Philadelphia Gas Works accounts fails to meet the fundamental requirements of due process because they do not give the property owner the chance to address their tenants’ arrearages at a meaningful time or in a meaningful manner.

Overall, the legislation will establish fairness to property owners who deserve proper notice and due process when their tenants fail to pay their bills. I urge you to consider joining me in cosponsoring this legislation.



Introduced as HB1310