PRIOR PRINTER'S NOS. 1902, 2652, 2918 PRINTER'S NO. 3427
No. 1571 Session of 1975
INTRODUCED BY MESSRS. ROMANELLI, IRVIS, BENNETT, FINEMAN,
SCHMITT, DeWEESE, PRATT AND HALVERSON, JULY 1, 1975
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 8, 1976
AN ACT
1 Amending the Act of April 6, 1951 (P.L.69, No.20) entitled, "An
2 act relating to the rights, obligations and liabilities of
3 landlord and tenant and of parties dealing with them and
4 amending, revising, changing and consolidating the law
5 relating thereto," providing for a warranty of habitability
6 to be deemed a part of every written or parol license, lease
7 or rental agreement, and establishing standards for minimum
8 living conditions to be provided by licensors and landlords.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 102, act of April 6, 1951 (P.L.69, No.20)
12 known as "The Landlord and Tenant Act of 1951," is amended by
13 adding a clause to read:
14 Section 102. Definitions.--As used in this act.--
15 * * *
16 (5) "Residential premises" shall mean any apartment or
17 dwelling unit occupied by any person other than the owner and
18 used primarily as living quarters.
19 Section 2. The act is amended by adding sections to read:
20 Section 205. Maintenance Responsibilities.--(a) In every
1 lease or license of residential premises whether in writing or
2 in parol, the landlord or licensor, shall be deemed to covenant
3 as a matter of law:
4 (1) To maintain the premises in such manner as to comply
5 with all applicable codes, statutes, ordinances and regulations
6 governing their maintenance, operation, use and security.
7 (2) To make all repairs and do whatever is necessary to
8 deliver and thereafter maintain the premises in a fit and
9 habitable condition.
10 (3) If the duty imposed by clause (1) is greater than any
11 duty imposed by clause (2), the landlord's duty shall be
12 determined by reference to clause (1).
13 (b) A tenant or licensee may recover damages and obtain
14 injunctive relief for any material noncompliance with this
15 section by the landlord or licensor IF THE TENANT OR LICENSEE <--
16 HAS GIVEN WRITTEN NOTICE OF SUCH MATERIAL NONCOMPLIANCE TO THE
17 LANDLORD OR LICENSOR AS PROVIDED IN SECTION 206 AT LEAST THIRTY
18 DAYS PRIOR TO THE INSTITUTION OF AN ACTION AT LAW OR IN EQUITY
19 AND THE LANDLORD OR LICENSEE HAS FAILED TO BRING THE PREMISES
20 INTO COMPLIANCE WITH THIS SECTION DURING SUCH THIRTY DAY PERIOD.
21 (c) In no event shall a landlord or licensor be responsible
22 to the tenant or licensee for any condition created or caused by
23 the wilful, negligent or malicious act of the tenant or
24 licensee, a member of his family, or other person on the
25 premises with the consent of the tenant or licensee.
26 (d) Any attempted waiver by a tenant or licensee of this
27 section or any portion thereof whether by contract or otherwise
28 shall be void and unenforceable.
29 Section 206. Landlord Licensor Designation Required.--(a)
30 The landlord or licensor shall designate to the tenant or
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1 licensee the name and address of a person who resides in the
2 county in which the premises are located who is authorized to
3 receive notices and demands from the tenant or licensee and upon
4 whom service of process may be made. If the landlord or licensor
5 is an individual person residing in the county in which the
6 premises are located, then the landlord or licensor may
7 designate himself for such purposes. If the landlord or licensor
8 fails to designate any person, process may be served upon the
9 Secretary of the Commonwealth, but service upon the Secretary of
10 the Commonwealth is not effective unless a copy of the process
11 or pleading is mailed to the landlord or licensor or the person
12 to whom the rental payments are made at their last known
13 address, if any such address has been made known by such party
14 to the tenant or licensee.
15 (b) The designation required by subsection (a) shall be made
16 by including notice of the designation in a written rental
17 agreement or by providing separate written notice of the
18 designation to the tenant or licensee and shall be made before
19 the commencement of the tenancy or license. A landlord or
20 licensor may change the name or address of the person designated
21 pursuant to subsection (a) by providing written notice of the
22 change of name or address to the tenant or licensee. The change
23 shall become effective upon the tenant's or licensee's receipt
24 of such written notice.
25 Section 3. This act shall take effect immediately.
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