A09514
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2008
Session of
2015
INTRODUCED BY SONNEY, BAKER, BOBACK, V. BROWN, D. COSTA, DAY AND
SAYLOR, APRIL 21, 2016
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 2016
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 tenement buildings and multiple
dwelling premises, providing for notification prior to lease
of single-family dwelling, apartment, multiple dwelling
premises or tenement building where methamphetamine was
produced.
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 506-A. Notification Prior to Lease of Single-Family
Dwelling, Apartment, Multiple Dwelling Premises or Tenement
Building Where Methamphetamine Was Produced.--(a) If the
landlord of a single-family dwelling, apartment, multiple
dwelling premises or tenement building has actual knowledge that
an apartment or dwelling unit was previously used as a
methamphetamine lab within the previous 12 months and there i s
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
evidence that remnants of harmful substances remain in the unit ,
the landlord shall provide written notice to a prospective
tenant indicating that the apartment or dwelling unit was
previously used as methamphetamine lab. Notice under this
subsection shall be in accordance with the following:
(1) The notice shall be provided prior to the execution by
the tenant of a written lease agreement or, in the case of an
oral lease agreement, prior to occupancy by the tenant.
(2) In the case of a written lease agreement, the notice
shall be attached to the lease agreement.
(b) Any tenant who is not provided the notice required by
subsection (a) may terminate the lease agreement at any time
within sixty days of discovery that the apartment or dwelling
unit was previously used as a methamphetamine lab and there is
evidence that remnants of harmful substances remain in the unit
by providing written notice to the landlord in accordance with
the lease or as otherwise required by law. Termination of a
lease agreement under this subsection shall be in accordance
with the following:
(1) Termination shall be effective on the later of:
(i) fifteen days after the date of the mailing of the notice
under subsection (a); or
(ii) the date through which rent has been paid.
(2) In no event shall the effective date of the termination
exceed one month from the date of mailing of the notice under
subsection (a).
(3) FOLLOWING TERMINATION OF THE LEASE IN COMPLIANCE WITH
THIS SECTION, NO FURTHER RENT SHALL BE CHARGED TO THE TENANT.
(3) (4) Termination shall be the exclusive remedy for the
failure of a landlord to comply with the disclosure provisions
A09514 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
required by this section.
(5) The burden of proof as to the prior use of the unit as a
methamphetamine lab shall be on the tenant. If the tenant meets
the burden of proof, the burden as to the existence of harmful
substances in the unit shall shift to the land lord to
demonstrate the unit was properly remediated.
(c) As used in this section, the term "methamphetamine lab"
shall mean an area where methamphetamine, or its immediate
precursors, have been or were attempted to be manufactured,
processed, cooked, disposed of or stored and all proximate areas
likely to be contaminated as a result of such manufacturing,
processing, cooking, disposing or storing.
Section 2. This act shall take effect in 60 days.
A09514 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13