PRIOR PRINTER'S NO. 3122 PRINTER'S NO. 3621
No. 2309 Session of 1990
INTRODUCED BY LLOYD, DEMPSEY, HALUSKA, RAYMOND, PETRARCA,
TANGRETTI, COY, PESCI, FLICK, DISTLER, SCHEETZ, NOYE,
LaGROTTA, VAN HORNE, BELFANTI, STEIGHNER, TRICH, BURD,
GODSHALL, TIGUE, GIGLIOTTI, McVERRY, D. W. SNYDER, HASAY,
LEVDANSKY, JOHNSON, LAUGHLIN, PISTELLA, BUNT, E. Z. TAYLOR,
S. H. SMITH, D. R. WRIGHT, TELEK, BELARDI, WOGAN AND
RICHARDSON, MARCH 12, 1990
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 30, 1990
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," regulating an owner's liability for a tenant's bill.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Subsection B of section 4 of the act of May 2,
18 1945 (P.L.382, No.164), known as the Municipality Authorities
19 Act of 1945, is amended by adding a clause CLAUSES to read: <--
20 Section 4. Purposes and Powers; General.--* * *
21 B. Every Authority is hereby granted, and shall have and may
1 exercise all powers necessary or convenient for the carrying out
2 of the aforesaid purposes, including but without limiting the
3 generality of the foregoing, the following rights and powers:
4 * * *
5 (h.1) In the case of a municipal Authority which provides <--
6 utility service to a residential dwelling unit in which the
7 owner does not reside, the owner shall be liable to pay the
8 tenant's bill for that service only if:
9 (i) the authority notifies the owner in writing within ten
10 days after the tenant's bill first becomes overdue;
11 (ii) the authority notifies the tenant at least three times
12 that the tenant's bill is overdue and that service will be
13 terminated if the overdue bill is not paid; and
14 (iii) the authority terminates service to the tenant within
15 sixty days after the tenant's bill becomes overdue by an amount
16 greater than seventy-five ($75) dollars.
17 Nothing herein shall be construed to require an authority to
18 terminate service to a tenant if the authority is willing to
19 relieve the owner of liability for the tenant's bill. This
20 clause shall not be applicable to a residential unit unless the
21 unit is served by its own individual meter.
22 (H.1) IN THE CASE OF AN AUTHORITY WHICH HAS AGREED TO <--
23 PROVIDE WATER SERVICE THROUGH A SEPARATE METER AND SEPARATE
24 SERVICE LINE TO A RESIDENTIAL DWELLING UNIT IN WHICH THE OWNER
25 DOES NOT RESIDE, THE OWNER SHALL BE LIABLE TO PAY THE TENANT'S
26 BILL FOR SERVICE RENDERED TO THE TENANT BY THE AUTHORITY ONLY IF
27 THE AUTHORITY NOTIFIES THE OWNER AND THE TENANT WITHIN THIRTY
28 DAYS AFTER THE BILL FIRST BECOMES OVERDUE. SUCH NOTIFICATION
29 SHALL BE PROVIDED BY FIRST CLASS MAIL TO THE ADDRESS OF THE
30 OWNER PROVIDED TO THE AUTHORITY BY THE OWNER AND TO THE BILLING
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1 ADDRESS OF THE TENANT, RESPECTIVELY. NOTHING HEREIN SHALL BE
2 CONSTRUED TO REQUIRE AN AUTHORITY TO TERMINATE SERVICE TO A
3 TENANT, PROVIDED THAT THE OWNER SHALL NOT BE LIABLE FOR ANY
4 SERVICE WHICH THE AUTHORITY PROVIDES TO THE TENANT NINETY OR
5 MORE DAYS AFTER THE TENANT'S BILL FIRST BECOMES DUE UNLESS THE
6 AUTHORITY HAS BEEN PREVENTED BY COURT ORDER FROM TERMINATING
7 SERVICE TO THAT TENANT.
8 (H.2) IN THE CASE OF AN AUTHORITY WHICH HAS AGREED TO
9 PROVIDE SEWER SERVICE TO A RESIDENTIAL DWELLING UNIT IN WHICH
10 THE OWNER DOES NOT RESIDE, THE AUTHORITY SHALL NOTIFY THE OWNER
11 AND THE TENANT WITHIN THIRTY DAYS AFTER THE TENANT'S BILL FOR
12 THAT SERVICE FIRST BECOMES OVERDUE. SUCH NOTIFICATION SHALL BE
13 PROVIDED BY FIRST CLASS MAIL TO THE ADDRESS OF THE OWNER
14 PROVIDED TO THE AUTHORITY BY THE OWNER AND TO THE BILLING
15 ADDRESS OF THE TENANT, RESPECTIVELY. NOTHING HEREIN SHALL BE
16 CONSTRUED TO RELIEVE THE OWNER OF LIABILITY FOR SUCH SERVICE
17 UNLESS THE AUTHORITY FAILS TO PROVIDE THE NOTICE REQUIRED
18 HEREIN.
19 * * *
20 Section 2. This act shall take effect in 60 days.
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