AN ACT

 

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," requiring the disclosure of flood history
6to lessees of residential real property.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of April 6, 1951 (P.L.69, No.20), known
10as The Landlord and Tenant Act of 1951, is amended by adding a
11section to read:

12Section 207. Disclosure of Flood History.--(a) A landlord
13entering into a lease of residential real property shall
14disclose to the prospective tenant the property's flood history,
15including the frequency and extent of flooding, to the extent
16actually known by the landlord. The landlord shall also disclose
17to the prospective tenant that the tenant can determine whether
18the property is located in a floodplain by contacting the
19Federal Emergency Management Agency, and the landlord shall

1provide the address and telephone number of the nearest office
2of that agency.

3(b) The disclosures required by subsection (a) may be given
4in the lease agreement.

5(c) (1) A lease of residential real property shall not be
6invalidated solely because of the failure of any person to
7comply with the provisions of this section. However, any
8person who wilfully or negligently violates the provisions of
9this section shall be liable in the amount of actual damages
10suffered by the tenant as a result of the violation.

11(2) This subsection shall not be construed so as to
12restrict or expand the authority of a court to impose
13punitive damages or apply other remedies applicable under any
14other provision of law.

15(d) As used in this section, the term "residential real 
16property" means a single residential dwelling unit.

17Section 2. This act shall take effect in 120 days.