1Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2act relating to the rights, obligations and liabilities of
3landlord and tenant and of parties dealing with them and
4amending, revising, changing and consolidating the law
5relating thereto," providing for death of a tenant.<- further 
6providing for appeal by tenant to common pleas court; and 
7providing for death of a tenant, for early termination of 
8leases by individuals with disabilities and senior citizens 
9and for early release or termination of lease because of 
10domestic violence, sexual assault or stalking.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. The act of April 6, 1951 (P.L.69, No.20), known<-
14as The Landlord and Tenant Act of 1951, is amended by adding a
15section to read:

16Section 1. Section 513(b) and (e) of the act of April <-6,
171951 (P.L.69, No.20), known as The Landlord and Tenant Act of
181951, amended July 6, 1995 (P.L.253, No.33), are amended to
19read:

1Section 513. Appeal by Tenant to Common Pleas Court.--* * *

2(b) Within ten days after the rendition of judgment by a
3lower court arising out of residential lease or within thirty
4days after a judgment by a lower court arising out of a
5nonresidential lease or a residential lease involving a victim
6of domestic violence, sexual assault or stalking, either party
7may appeal to the court of common pleas, and the appeal by the
8tenant shall operate as a supersedeas only if the tenant pays in
9cash or bond the amount of any judgment rendered by the lower
10court or is a victim of domestic violence, sexual assault or 
11stalking and pays in cash any rent which becomes due during the
12court of common pleas proceedings within ten days after the date
13each payment is due into an escrow account with the prothonotary
14or the supersedeas shall be summarily terminated.

15* * *

16(e) As used in this section, the following words and phrases
17shall have the meanings given to them in this subsection:

18"Lower court." District justice, magistrate or any other
19court having jurisdiction over landlord and tenant matters,
20excluding a court of common pleas.

21"Victim of domestic violence, sexual assault or stalking." A
22person who has obtained a protection from abuse order against
23another individual, can provide one of the documents required 
24under section 502-C(b)(2) or can provide other suitable evidence
25as the court shall direct.

26Section 2. The act is amended by adding sections to read:

27Section 514. Death of Tenant.--(a) Notwithstanding any
28other provision of this act or law, and if the deceased tenant
29is the sole tenant of the residential unit, the executor or
30administrator of the estate of a tenant who dies during the term

1of a residential lease shall have the option to terminate the
2lease upon fourteen days' written notice to the landlord on the
3later of:

4(1) The last day of the calendar month that immediately
5follows the calendar month in which the tenant died; or

6(2) upon surrender of the rental unit and removal of all of
7the tenant's personal property.

8(b) Nothing under this section shall be construed to relieve
9the tenant's estate of liability for rent money or any other
10debt incurred prior to the date of termination of the lease,
11including any expenses the landlord may incur as a direct result
12of the tenant's death, except that the tenant's estate shall not
13be liable for damages or any other penalty for breach or
14inadequate notice as a result of terminating a lease under
15subsection (a).

16Section 515. Early Termination of Leases by Individua<-ls with
17Disabilities and Senior Citizens.--(a) Notwithstanding any
18other provision of this act or law, a tenant of a residential
19unit who:

20(1) has a disability or is a senior citizen; and

21(2) is either:

22(i) awaiting admission and subsequently moves to a health
23care facility; or

24(ii) needs to move and subsequently moves to a family
25member's residence for the express purpose of receiving care
26from a home health care agency for a period of no less than six
27months may terminate the lease prior to the date provided in the
28lease by providing the landlord of the residential unit with the
29information specified in subsection (b).

30(b) The following information must be submitted to a

1landlord:

2(1) written notice delivered to the landlord sixty days
3prior to the proposed early termination date informing the
4landlord of the tenant's required admission and move to a health
5care facility or need to move to a family member's residence for
6the express purpose of receiving care from a home health care
7agency for a period of no less than six months;

8(2) certified documentation signed by a licensed physician
9indicating that the tenant, due to medical reasons, is unable to
10continue to live independently in the residential unit and
11requires admission to a health care facility or needs to receive
12care from a home health care agency for a period of no less than
13six months; and

14(3) if applicable, a notarized statement from the tenant's
15family member attesting to the fact that the tenant is a
16relative and will be moving into the family member's residence
17to receive care from a home health care agency for a period of
18no less than six months.

19(c) Nothing under this section shall be construed to relieve
20a tenant to which this section applies of liability for rent or
21any other debt incurred under a lease prior to the termination
22date provided in the lease.

23(d) For the purposes of this section, the following words
24shall have the meanings ascribed to them in this subsection
25unless the context otherwise indicates:

26"Disability." A physical or mental impairment that
27substantially limits one or more major life activities.

28"Health care facility." Any general, chronic disease or
29other type of hospital, personal care home, home health care
30agency, hospice or long-term care nursing facility.

1"Senior citizen." Any person who has attained the age of 62
2years of age or older, or will attain such age during the term
3of an agreement in which the person is a tenant of a residential
4unit.

5Section 3. The act is amended by adding an article to read:

6ARTICLE V-C

7TENANTS' RIGHTS IN CASES OF

8DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING

9Section 501-C. Definitions.

10The following words and phrases when used in this article
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Attesting third party." A law enforcement official,
14licensed health-care professional, victim's advocate or victim-
15services provider that had contact with a tenant or an immediate
16family member who is a victim of domestic violence, sexual
17assault or stalking.

18"Domestic violence." Behavior for which a police officer may
19arrest an individual without a warrant under 18 Pa.C.S. §
202711(a) (relating to probable cause arrests in domestic violence
21cases).

22"Dwelling unit." Either of the following:

23(1) if a structure has two or more units to be leased,
24the designated unit within the structure, together with the
25fixtures and appurtenances, to be used as the home, residence
26or sleeping place by an individual or two or more individuals
27who maintain a common household regardless of their
28relationship to each other. Unless the lease provides
29otherwise, the term excludes an area associated with the
30structure but exterior to it such as a parking area, grounds

1or a common area within the structure such as a hallway,
2entrance or basement; or

3(2) if a structure has only one unit to be leased, the
4structure, together with the fixtures, facilities and
5appurtenances, to be used as the home, residence or sleeping
6place by an individual or two or more individuals who
7maintain a common household, regardless of their relationship
8to each other. Unless the lease provides otherwise, the term
9excludes an area associated with the structure but exterior
10to it such as a parking area, detached garage, other building
11or grounds.

12"Immediate family member." Any of the following who
13habitually reside in a dwelling unit with a tenant:

14(1) an individual related to the tenant by blood,
15adoption or marriage;

16(2) an individual having an intimate relationship with
17the tenant; or

18(3) a foster child, stepchild or ward of the tenant or
19of an individual named in paragraph (1) or (2).

20"Premises." A dwelling unit and the structure of which it is
21a part if the structure has two or more units to be leased. The
22term includes the exterior or interior areas:

23(1) associated with the structure that are excluded from
24the definition of "dwelling unit," including the fixtures,
25facilities and appurtenances; and

26(2) held out for the use of tenants generally or the use
27of which is promised to the tenant.

28"Stalking." Conduct that constitutes an offense under 18
29Pa.C.S. § 2709.1(a) (relating to stalking).

30"Tenant." A person entitled to possession of a dwelling unit

1under a lease. The term includes an assignee, sublessee and, if
2the tenant is not an individual, an individual the tenant
3authorized to occupy the dwelling unit. If the tenant is an
4individual, the term excludes a person who occupies the dwelling
5unit with the individual's permission that is not a party to the
6lease and does not pay rent.

7"Victim advocate." An individual, whether paid or serving as
8a volunteer, who provides services to victims of domestic
9violence, sexual assault or stalking under the auspices or
10supervision of a victim-services provider or a court or a law
11enforcement or prosecution agency.

12"Victim-services provider." A person that assists victims of
13domestic violence, sexual assault or stalking. The term includes
14a rape crisis center, domestic violence shelter, faith-based
15organization or other organization with a documented history of
16work concerning domestic violence, sexual assault or stalking.

17Section 502-C. Early release or termination of lease.

18(a) Possible release.--If as the result of an act of
19domestic violence, sexual assault or stalking a tenant or an
20immediate family member has a reasonable fear of further acts of
21domestic violence, sexual assault or stalking by continued
22residence in the dwelling unit, the tenant may be released by
23giving a notice that complies with subsection (b).

24(b) Required release.--A tenant shall be released from a
25lease if the tenant gives the landlord:

26(1) a written notice signed by the tenant of the
27tenant's intent to be released from the lease as of a
28specific date. The notice must be given at least 30 days
29prior to the date the tenant intends to terminate the lease;
30and

1(2) one of the following:

2(i) a copy of a valid outstanding temporary or
3permanent court order that restrains a perpetrator from
4contact with the tenant or an immediate family member;

5(ii) other evidence of domestic violence, sexual
6assault or stalking against the tenant or an immediate
7family member, including but not limited to police
8reports, medical records or court documents relating to
9the tenant's or immediate family member's victimization;
10or

11(iii) a written verification signed by the tenant
12and an attesting third party that complies with the
13provisions of section 503-C.

14(c) Termination for a single tenant.--If the tenant is the
15only tenant who is a party to the lease, the lease terminates on
16the date specified in the notice given by the tenant under
17subsection (b)(1). The tenant is not liable for rent or other
18obligations under the lease accruing after the termination.

19(d) Termination for multiple tenants.--If there are multiple
20tenants that are parties to the lease, the release of one tenant
21under this section does not terminate the lease with respect to
22other tenants, except as may otherwise be provided in section
23505-C(a)(2). The landlord is not required to return to the
24released tenant or a remaining tenant a security deposit or
25unearned prepaid rent until the lease terminates with respect to
26all tenants.

27Section 503-C. Verification.

28(a) Requirements.--A verification provided by a tenant under
29section 502-C(b)(2)(iii) shall include the following:

30(1) From the tenant:

1(i) the tenant's name and address of the dwelling
2unit;

3(ii) the approximate dates during which the domestic
4violence, sexual assault or stalking occurred, including
5the most recent date;

6(iii) a statement that because of the acts of
7domestic violence, sexual assault or stalking, the tenant
8or an immediate family member has a reasonable fear that
9the tenant or immediate family member will suffer further
10acts of domestic violence, sexual assault or stalking by
11continued residence in the dwelling unit;

12(iv) the proposed date for the release of the tenant
13from the lease; and

14(v) a statement that the tenant understands that the
15statements could be used in court and that the tenant
16could be liable for perjury as well as the damages
17provided in subsection (b) for making false statements in
18the verification.

19(2) From an attesting third party:

20(i) the name, business address and business
21telephone number of the attesting third party;

22(ii) the capacity in which the attesting third party
23received the information regarding the domestic violence,
24sexual assault or stalking; and

25(iii) a statement that the attesting third party:

26(A) read the tenant's verification and has been
27advised by the tenant that the tenant or an immediate
28family member is the victim of domestic violence,
29sexual assault or stalking and has a reasonable fear
30that the tenant or the immediate family member will

1suffer further acts of domestic violence, sexual
2assault or stalking by continued residence in the
3dwelling unit;

4(B) believes the tenant; and

5(C) understands that the verification may be
6used as the basis for releasing the tenant from a
7lease.

8(b) False statements.--If a tenant submits to a landlord a
9verification containing false statements made by the tenant or
10false statements made by an attesting third party that the
11tenant knew to be false, the court may award the landlord an
12amount up to three months' rent or triple actual damages,
13whichever is greater, costs and reasonable attorney fees.

14Section 504-C. Landlord's obligations.

15(a) Complying tenant.--If a tenant complies with section
16502-C, the landlord:

17(1) except as provided in section 502-C(d), shall return
18to the tenant the amount of a security deposit and unearned
19prepaid rent, to which the tenant is entitled;

20(2) may not assess a fee or other penalty against the
21tenant solely for exercising a right granted under this
22article; and

23(3) may not disclose information required to be reported
24to the landlord under section 502-C unless:

25(i) the tenant provides specific time-limited and
26contemporaneous consent to the disclosure in writing; or

27(ii) the information is required to be disclosed by
28a court order or by law other than this article.

29(b) Refusal to release.--If a landlord refuses to release a
30tenant who is entitled to be released from a lease under section

1502-C, the court shall award the tenant an amount equal to three
2months' rent or triple actual damages, whichever is greater,
3costs and reasonable attorney fees.

4Section 505-C. Effect on perpetrator.

5(a) Recovery of damages.--A landlord may recover from a
6perpetrator actual damages resulting from a tenant's exercise of
7a right under section 502-C. If the perpetrator is a party to
8the lease, the landlord may:

9(1) except as otherwise provided in section 507-C(b),
10allow the perpetrator to remain in possession of the dwelling
11unit in which event the perpetrator shall be liable for
12future rent payable and other obligations of a tenant under
13the lease; or

14(2) terminate the perpetrator's interest under the lease
15by written notice to the perpetrator at least five days prior
16to the termination date specified in the notice and bring an
17action for possession against the perpetrator if the
18perpetrator fails to vacate the dwelling unit on the
19specified termination date.

20(b) Limitation.--A perpetrator is not entitled to damages
21resulting from a good faith exercise of a right granted to a
22tenant or a landlord under section 502-C or 508-C or this
23section.

24Section 506-C. Change of locks.

25(a) Right to request.--Subject to subsections (b) and (c),
26if a tenant or an immediate family member has been the victim of
27domestic violence, sexual assault or stalking and the tenant has
28a reasonable fear that the perpetrator or another individual
29acting on the perpetrator's behalf may attempt to gain access to
30the dwelling unit, the tenant may ask the landlord to change the

1locks or other security devices for the dwelling unit.

2(b) Duty of landlord and expense.--Not later than three days
3after receiving a request under subsection (a) or sooner if
4commercially reasonable to do so, the landlord shall change the
5locks or security devices at the tenant's expense.

6(c) Right of tenant.--If the landlord fails to act in a
7timely manner, the tenant may change the locks or other security
8devices at the landlord's expense without the landlord's
9consent. In that event, the tenant shall provide a key or other
10means of access to the new locks or security devices to the
11landlord and to any other tenant, other than the perpetrator,
12that is a party to the lease.

13(d) Right of landlord.--If the locks or other security
14devices are changed under subsection (c), the landlord may
15change them a second time, at the landlord's expense, to ensure
16compatibility with the landlord's master key or other means of
17access or otherwise accommodate the landlord's reasonable
18commercial needs.

19(e) Prohibition.--If a perpetrator is a party to the lease,
20the locks or other security devices may not be changed under
21subsection (b) or (c) unless there is a court order expressly
22requiring the perpetrator to vacate the dwelling unit or a court
23order expressly prohibiting the perpetrator from having any
24contact with the tenant or an immediate family member and a copy
25of the order has been provided to the landlord.

26(f) Limitation.--A perpetrator is not entitled to damages or
27other relief against a landlord or a tenant who complies in good
28faith with this section.

29Section 507-C. Effect of court order to vacate.

30(a) Landlord and tenant.--Upon issuance of a court order

1requiring a perpetrator to vacate a dwelling unit, the landlord
2and a tenant do not have a duty to:

3(1) allow the perpetrator access to the unit unless
4accompanied by a law enforcement officer; or

5(2) provide the perpetrator with a key or other access
6to the dwelling unit.

7(b) Lease interest of perpetrator.--If the perpetrator who
8is the subject of the court order described in subsection (a) is
9a party to the lease, the perpetrator's interest under the lease
10shall terminate and the landlord and any other tenants remaining
11in the dwelling unit shall be entitled to actual damages from
12the perpetrator as a result of the termination. The termination
13of the perpetrator's interest in the lease shall not affect the
14rights and obligations under the lease of any other tenants
15remaining in the dwelling unit.

16(c) Duty of landlord.--Upon termination of a perpetrator's
17interest under a lease under subsection (b), the landlord shall
18return to the perpetrator, if the perpetrator was the only
19tenant under the lease, a security deposit and unearned rent, to
20which the perpetrator is entitled following the termination.
21The landlord's obligation to return a security deposit to a
22perpetrator under this subsection is subject to the landlord's
23claim for damages against the perpetrator as a result of the
24termination or for any other claim the landlord may have with
25respect to the security deposit under other provisions of the
26lease.

27Section 508-C. Limitation on landlord's conduct.

28(a) Prohibitions.--Except as provided in subsection (c), a
29landlord may not increase or threaten to increase the rent,
30security deposit or fees payable under a lease, decrease or

1threaten to decrease services required under the lease or this
2article, terminate or threaten to terminate a lease, refuse to
3renew a lease, serve or threaten to serve a notice to terminate
4a periodic tenancy, bring or threaten to bring an action for
5possession, refuse to let a dwelling unit or impose different
6rules or selectively enforce the landlord's rules:

7(1) primarily because the tenant or an immediate family
8member is or has been the victim of domestic violence, sexual
9assault or stalking;

10(2) because of a violation of the terms of the lease or
11the provisions of this article by the tenant resulting from
12the incident of domestic violence, sexual assault or stalking
13against the tenant or an immediate family member; or

14(3) because of criminal activity relating to domestic
15violence, sexual assault or stalking against the tenant or an
16immediate family member or a police or emergency response to
17a good faith complaint of activities relating to domestic
18violence, sexual assault or stalking against the tenant or an
19immediate family member.

20(b) Right of landlord.--A landlord may terminate a lease if
21the landlord provided a tenant with a written notice signed by
22the landlord regarding a perpetrator's behavior relating to
23domestic violence, sexual assault or stalking against the tenant
24or an immediate family member, and subsequently:

25(1) the tenant invites the perpetrator onto the premises
26or, without the landlord's consent, allows the perpetrator to
27occupy the dwelling unit; and

28(2) the perpetrator damages the premises, harms another
29individual on the premises or otherwise disturbs the use and
30enjoyment of the premises by another tenant of the dwelling

1unit or of another dwelling unit in the premises.

2(c) Willful violation.--If a landlord willfully violates
3this section:

4(1) the tenant may:

5(i) terminate the lease;

6(ii) defend an action for possession on the ground
7that the landlord willfully violated this section; or

8(iii) obtain appropriate injunctive relief; and

9(2) the court shall award the tenant an amount equal to
10three months' rent or triple actual damages, whichever is
11greater.

12(d) Definition.--As used in this section, the term "tenant"
13shall include an individual seeking to enter into a lease with a
14landlord.

15Section 509-C. Termination of perpetrator's interest under
16lease without court order.

17(a) General rule.--If a tenant is the perpetrator of an act
18of domestic violence, sexual assault or stalking against any
19occupant of the premises, the landlord may terminate the
20perpetrator's interest under a lease by giving the perpetrator a
21written notice signed by the landlord that:

22(1) states the landlord's intent to terminate the
23perpetrator's interest in the lease immediately or on a later
24date specified in the notice; and

25(2) specifies the act of domestic violence motivating
26the landlord to terminate the perpetrator's interest under
27the lease.

28(b) Rights of other tenants.--The termination of a
29perpetrator's interest under a lease shall not terminate the
30interest of any other tenant under the lease and shall not alter

1the obligations of any other tenant under the lease. Any other
2tenant under the lease may recover actual damages from the
3perpetrator resulting from the termination of the perpetrator's
4interest under the lease.

5(c) Return of security deposit and unearned rent.--The
6landlord is not required to return to the perpetrator or to any
7remaining tenant any security deposit or unearned rent until the
8lease terminates with respect to all tenants.

9(d) Burden of proof.--In any action between the landlord and
10a perpetrator involving the right of the landlord to terminate
11the perpetrator's interest in a lease under this section, the
12burden is upon the landlord to prove by a preponderance of the
13evidence that the perpetrator committed an act of domestic
14violence, sexual assault or stalking.

15Section <-2 4. The addition of section 514 SECTIONS 514, 515 
16AND ARTICLE V-C of the act shall apply to leases entered into or
17extended on or after the effective date of this section.

18Section 3 5. This act shall take effect <-in 60 days. as 
19follows:

20(1) The following provisions shall take effect in 60
21days:

22(i) The amendment or addition of sections 513(B) and
23(e), 514 and Article V-C of the act.

24(ii) Section 4 of this act.

25(2) The remainder of this act shall take effect
26immediately.