PRINTER'S NO. 32
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
51
Session of
2017
INTRODUCED BY GREENLEAF, SCARNATI, FOLMER, BREWSTER, FONTANA,
COSTA, HAYWOOD AND BOSCOLA, JANUARY 12, 2017
REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 12, 2017
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," in creation of leases, statute of frauds
and mortgaging of leaseholds, requiring the disclosure of
flood history to lessees of residential real property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding a
section to read:
Section 207. Disclosure of Flood History.--(a) A landlord
entering into a lease of residential real property shall
disclose to the prospective tenant the property's flood history,
including the frequency and extent of flooding, to the extent
actually known by the landlord. The landlord shall also disclose
to the prospective tenant that the tenant can determine whether
the property is located in a floodplain by contacting the
Federal Emergency Management Agency, and the landlord shall
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provide the address and telephone number of the nearest office
of that agency.
(b) The disclosures required by subsection (a) may be given
in the lease agreement.
(c) A lease of residential real property shall not be
invalidated solely because of the failure of any person to
comply with the provisions of this section. However, any person
who wilfully or negligently violates the provisions of this
section shall be liable in the amount of actual damages suffered
by the tenant as a result of the violation.
(d) Subsection (c) shall not be construed so as to restrict
or expand the authority of a court to impose punitive damages or
apply other remedies applicable under any other provision of
law.
(e) As used in this section, the term " residential real
property " means a single residential dwelling unit.
Section 2. This act shall take effect in 120 days.
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