PRINTER'S NO. 978
No. 892 Session of 1979
INTRODUCED BY CALTAGIRONE, MARCH 28, 1979
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 28, 1979
AN ACT
1 Amending the act of November 26, 1978 (P.L.1255, No.299),
2 entitled "An act providing for notice and the right to cure
3 landlord's default to avoid the termination of utility
4 service to tenants," changing the notice requirements to
5 tenants, removing the notice requirement to certain agencies
6 and providing for continued billing of tenants.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 3, 4 and 5, act of November 26, 1978
10 (P.L.1255, No.299), known as the "Utility Service Tenants Rights
11 Act," are amended to read:
12 Section 3. Notices before service to landlord ratepayer
13 discontinued.
14 (a) Except when required to prevent or alleviate an
15 emergency or except in the case of danger to life or property,
16 before any discontinuance of service within the utility's
17 corporate limits, to a landlord ratepayer for nonpayment a
18 public utility shall:
19 (1) Notify the landlord ratepayer of the proposed
20 discontinuance in writing as prescribed in section 5 at least
1 [37] 60 days before the date of discontinuance of service.
2 [(2) Notify the following agencies which serve the
3 community in which the affected premises are located in
4 writing at the time of delivery of notice to the tenants of
5 the proposed discontinuance of service:
6 (i) the Department of Licenses and Inspections of
7 any city of the first class;
8 (ii) the Department of Public Safety of any city of
9 the second class, second class A, or third class; and
10 (iii) the city or county Public Health Department or
11 in the event that such a department does not exist, the
12 Department of Health office responsible for that county.]
13 (3) Notify each residential unit reasonably likely to be
14 occupied by an affected tenant of the proposed discontinuance
15 in writing as prescribed in section 6 at least [seven] 30
16 days after notice to the landlord ratepayer pursuant to this
17 section, and at least 30 days before any such discontinuance
18 of service. However, if within [seven] 30 days of receipt of
19 the notice issued pursuant to this section, the landlord
20 ratepayer files a petition with the court disputing the right
21 of the utility to discontinue service, such notice shall not
22 be rendered until such petition has been adjudicated by the
23 court of common pleas or the Commonwealth Court.
24 (b) Before any discontinuance of service by a public utility
25 to a landlord ratepayer due to a request for voluntary
26 relinquishment of service by the landlord ratepayer:
27 (1) the landlord ratepayer shall state in a form
28 bearing his notarized signature that all of the affected
29 dwelling units are either unoccupied or the tenants
30 affected by the proposed discontinuance have consented in
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1 writing to the proposed discontinuance, which form shall
2 conspicuously bear a notice that false statements are
3 punishable criminally;
4 (2) all of the tenants affected by the proposed
5 discontinuance shall inform the utility orally or in
6 writing of their consent to the discontinuance; or
7 (3) the landlord ratepayer shall provide the utility
8 with the names and addresses of the affected tenants
9 pursuant to section 4 and the utility shall notify the
10 community service agencies and each residential unit
11 pursuant to sections 3 and 6. Under the voluntary
12 relinquishment discontinuance procedures of this
13 subparagraph the tenants shall have all of the rights
14 provided in sections 7 through 11.
15 Section 4. Identifying tenants.
16 (a) Upon receiving a lawful request for the names and
17 addresses of the affected tenants pursuant to this act, it shall
18 be the duty of the landlord ratepayer to provide the utility
19 with the names and addresses of every affected tenant of any
20 building or mobile home park for which the utility is proposing
21 to discontinue service unless within seven days of receipt of
22 the notice, the landlord ratepayer pays the amount due the
23 utility or makes an arrangement with the utility to pay the
24 balance.
25 (b) Such information shall be provided by the landlord
26 ratepayer:
27 (1) within [seven] 30 days of receipt of the notice to
28 the landlord ratepayer required by section 3; or
29 (2) within three days of any adjudication by a court
30 having jurisdiction that the landlord ratepayer must provide
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1 the requested information if the landlord files a petition
2 with the court within [seven] 30 days of receipt of the
3 notice to the landlord disputing the right of the utility to
4 discontinue service.
5 (c) It shall be the duty of any public utility to pursue any
6 appropriate legal remedy it has, necessary to obtain from the
7 landlord ratepayer, the names and addresses of all affected
8 tenants of a building or mobile home park for which the utility
9 is proposing discontinuance of service to such landlord
10 ratepayer.
11 Section 5. Delivery and contents of discontinuance
12 notice to landlord ratepayer.
13 (a) The notice required to be given to a landlord ratepayer
14 pursuant to section 3 shall contain the following information:
15 (1) the amount owed the utility by the landlord
16 ratepayer for each affected account;
17 (2) the date on or after which service will be
18 discontinued;
19 (3) the date on or after which the company will notify
20 tenants of the proposed discontinuance of service and of
21 their rights under sections 7, 9 and 10;
22 (4) the obligation of the landlord ratepayer under
23 section 4 to provide the utility with the names and addresses
24 of every affected tenant or to pay the amount due the utility
25 or make an arrangement with the utility to pay the balance
26 including a statement:
27 (i) that such list must be provided or payment or
28 arrangement must be made within [seven] 30 days of
29 receipt of the notice; and
30 (ii) of the penalties and liability which the
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1 landlord ratepayer may incur under section 18 by failure
2 to comply; and
3 (5) the right of the landlord ratepayer to stay the
4 notification of tenants by filing a petition with the court
5 disputing the right of the utility to discontinue service.
6 (b) Any one of the following procedures shall constitute
7 effective notice to the landlord under section 3:
8 (1) Notice by certified mail if the utility receives a
9 return receipt signed by the landlord ratepayer or his agent.
10 (2) Notice by personal service of the landlord ratepayer
11 or his agent.
12 (3) After unsuccessful attempts at personal service on
13 two separate days, notice by first class mail and
14 conspicuously posting at the landlord ratepayer's principal
15 place of business or the business address which the landlord
16 provided the utility as his address for receiving
17 communications.
18 Section 2. Section 7 of the act is amended by adding a
19 subsection to read:
20 Section 7. Rights of tenants to continued service.
21 * * *
22 (c) After the tenants have paid the original utility bill,
23 the utility shall continue to send bill notices to each tenant.
24 The tenants shall then pay collectively unless ordered by a
25 court to do otherwise or the tenants and the landlord agree in
26 writing signed by the landlord and each tenant that the landlord
27 will pay the utility bill.
28 Section 3. This act shall take effect in 60 days.
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