PRINTER'S NO. 303
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
328
Session of
2021
INTRODUCED BY MADDEN, SCHLOSSBERG, CIRESI, DALEY, DAVIDSON,
A. DAVIS, FIEDLER, FREEMAN, GALLOWAY, GUZMAN, HANBIDGE, HILL-
EVANS, HOHENSTEIN, INNAMORATO, KENYATTA, KINKEAD, LEE,
MALAGARI, O'MARA, SANCHEZ, SCHWEYER AND WEBSTER,
JANUARY 29, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 29, 2021
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:
ยง 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
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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.
(c) Fees prohibited.--A landlord may not assess fees or
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
a tenant of the tenant's ability to enter into a rent payment
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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 six months after
the expiration or termination of the COVID-19 disaster emergency
by executive order, proclamation or operation of law.
(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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