Regular Session 2019-2020 House Bill 2838 P.N. 4321

PRINTER'S NO. 4321

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2838

Session of

2020

INTRODUCED BY MADDEN, SCHLOSSBERG, CALTAGIRONE, CIRESI, DALEY,

DAVIDSON, A. DAVIS, T. DAVIS, DELLOSO, DONATUCCI, DRISCOLL,

FIEDLER, FREEMAN, GALLOWAY, GREEN, HANBIDGE, HILL-EVANS,

HOHENSTEIN, HOWARD, INNAMORATO, ISAACSON, KENYATTA, KIM,

KINSEY, KOSIEROWSKI, McCARTER, McNEILL, PASHINSKI, ROZZI,

SANCHEZ, SAPPEY, SCHWEYER, WILLIAMS, ZABEL, O'MARA AND

KRUEGER, SEPTEMBER 1, 2020

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, SEPTEMBER 1, 2020

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in Commonwealth services, providing

for rent recovery during COVID-19 disaster emergency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 7309. Rent recovery during COVID-19 disaster emergency.

(a) Payment plan.--Notwithstanding any other provision of

law, a landlord may not begin eviction proceedings during the

COVID-19 disaster emergency for a tenant without implementing a

rent payment plan in accordance with this section. A landlord

shall implement a rent payment plan for a tenant who is unable

to pay rent during the COVID-19 disaster emergency, if the

tenant provides documentation of any of the following to the

landlord:

(1) The tenant is experiencing a full or partial loss of

income or a reduction in working hours due to a COVID-19-

related business closure.

(2) The tenant is currently receiving unemployment

compensation benefits or received unemployment compensation

benefits during any period of the COVID-19 disaster

emergency.

(3) The tenant is unable to safely return to work due to

a medical condition that places the tenant at an increased

risk for COVID-19.

(4) The tenant has contracted or is recovering from

COVID-19.

(5) The tenant is the primary caregiver for a household

member who is at risk of contracting, has contracted or is

recovering from COVID-19.

(6) The tenant is unable to continue employment because

the tenant is the primary caregiver for a child whose school

or child care facility has physically closed due to COVID-19.

(b) Amount of payment.--A rent payment plan under this

section shall include the total amount of rent due during the

COVID-19 disaster emergency divided over a 12-month period.

other penalties for late rent payments or late payments under a

rent payment plan under this section during the COVID-19

disaster emergency.

(d) Eviction proceeds.--If a tenant fails to make four

consecutive payments under a rent payment plan under this

section, the landlord may initiate eviction proceedings.

(e) Notice of payment plan.--After a missed rent payment

during the COVID-19 disaster emergency, a landlord shall notify

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a tenant of the tenant's ability to enter into a rent payment

plan under this section. The notice under this subsection may be

provided electronically or via certified mail to the tenant.

(f) Expiration.--This section shall expire December 31,

2021, or six months after the expiration or termination of the

COVID-19 disaster emergency by executive order, proclamation or

operation of law, whichever is later.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"COVID-19." The coronavirus disease 2019, an infectious

disease caused by severe acute respiratory syndrome coronavirus

2 that was first identified during December 2019 in Wuhan,

China.

"COVID-19 disaster emergency." The proclamation of disaster

emergency issued by the Governor on March 6, 2020, published at

50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of

disaster emergency.

Section 2. This act shall take effect immediately.

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