S0976B1481A05557 MAB:JMT 05/11/20 #90 A05557
AMENDMENTS TO SENATE BILL NO. 976
Sponsor: SENATOR HUGHES
Printer's No. 1481
Amend Bill, page 1, line 4, by striking out the period after
"courts" and inserting
; and, in limitation of time, providing for action in judicial
emergency.
Amend Bill, page 3, line 2, by striking out all of said line
and inserting
Section 2. Chapter 55 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER E
ACTION IN JUDICIAL EMERGENCY
Sec.
5591. (Reserved).
5592. Real property and tenancy-related actions related to
COVID-19 outbreak.
§ 5591. (Reserved).
§ 5592. Real property and tenancy-related actions related to
COVID-19 outbreak.
(a) General rule.--Notwithstanding any provision of law to
the contrary, the following shall apply relating to the COVID-19
outbreak:
(1) No court in this Commonwealth may accept any filing
or pleading instituting a new action arising under the act of
April 6, 1951 (P.L.69, No.20), known as The Landlord and
Tenant Act of 1951, until 60 days after the expiration of
judicial emergency by the Pennsylvania Supreme Court or
president judge of a judicial district under Pa.R.J.A. No.
1952 (relating to emergency actions, duties and authorities),
whichever is later. During the period of judicial emergency
or delay under this paragraph, a landlord may not charge fees
or penalties under The Landlord and Tenant Act of 1951. No
fees or penalties that would have otherwise accrued but for a
judicial emergency or the delay under this paragraph may be
assessed.
(2) If an action arising under The Landlord and Tenant
Act of 1951 was filed or a judgment by agreement has been
executed within 30 days prior to the declaration of a
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judicial emergency by the Pennsylvania Supreme Court or
president judge of a judicial district under Pa.R.J.A. No.
1952, a landlord may not proceed with the action until 60
days after the expiration of judicial emergency by the
Pennsylvania Supreme Court or president judge of a judicial
district under Pa.R.J.A. No. 1952, whichever is later. It
shall not be a breach of a covered judgment by agreement if
the tenant complies with all applicable conditions of the
agreement within 60 days after the expiration of a judicial
emergency by the Pennsylvania Supreme Court or president
judge of a judicial district under Pa.R.J.A. No. 1952,
whichever is later. No writ may be executed until 60 days
after the expiration of a judicial emergency by the
Pennsylvania Supreme Court or president judge of a judicial
district, whichever is later. A landlord, during a judicial
emergency under this paragraph, otherwise eligible to charge
fees or penalties under The Landlord and Tenant Act of 1951,
may not charge fees or penalties during the time of judicial
emergency or delay under this paragraph. No fees or penalties
that would have otherwise accrued but for a judicial
emergency or delay under this paragraph may be assessed.
(3) No court in this Commonwealth may accept any filing
or pleading instituting a new eviction action against a
business, until 60 days after the expiration of judicial
emergency by the Pennsylvania Supreme Court or president
judge of a judicial district under Pa.R.J.A. No. 1952,
whichever is later. During the period of judicial emergency
or delay under this paragraph, a landlord may not charge fees
or penalties. No fees or penalties that would have otherwise
accrued but for a judicial emergency or the delay under this
paragraph may be assessed.
(4) If an action arising to eviction of a business was
filed within 30 days prior to the declaration of a judicial
emergency by the Pennsylvania Supreme Court or president
judge of a judicial district under Pa.R.J.A. No. 1952, a
landlord may not proceed with the action until 60 days after
the expiration of judicial emergency by the Pennsylvania
Supreme Court or president judge of a judicial district under
Pa.R.J.A. No. 1952, whichever is later. No writ may be
executed until 60 days after the expiration of a judicial
emergency by the Pennsylvania Supreme Court or president
judge of a judicial district, whichever is later. A landlord,
during a judicial emergency under this paragraph may not
charge fees or penalties during the time of judicial
emergency or delay under this paragraph. No fees or penalties
that would have otherwise accrued but for a judicial
emergency or delay under this paragraph may be assessed.
(5) No court may accept a new action relating to the
foreclosure on a residential property or business until 60
days after the expiration of a judicial emergency by the
Pennsylvania Supreme Court or president judge of a judicial
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district under Pa.R.J.A. No. 1952, whichever is later. During
a period of judicial emergency under this paragraph, a
petitioner, otherwise eligible to charge fees or penalties,
may not charge fees or penalties during the time of judicial
emergency or delay under this paragraph. No fees or penalties
that would have otherwise accrued but for the judicial
emergency or delay under this paragraph may be assessed.
(6) If an action relating to the foreclosure of a
residential property or business was commenced prior to the
issuance of declaration of a judicial emergency by the
Pennsylvania Supreme Court or president judge of a judicial
district under Pa.R.J.A. No. 1952, a petitioner may not
proceed with an action until 60 days after the expiration of
a judicial emergency by the Pennsylvania Supreme Court or
president judge of a judicial district under Pa.R.J.A. No.
1952, whichever is later. During a period of a judicial
emergency under this paragraph, a petitioner, otherwise
eligible to charge fees or penalties, may not charge fees or
penalties during the time of judicial emergency or delay
under this paragraph. No fees or penalties that would have
otherwise accrued but for a judicial emergency or delay under
this paragraph may be assessed.
(b) Definition--As used in this section, the term
"foreclosure" shall include:
(1) An action of mortgage foreclosure under Pa.R.C.P.
Ch. 1000 Subch. I (relating to action of mortgage
foreclosure).
(2) An action in ejectment under Pa.R.C.P. Ch. 1000
Subch. C (relating to action in ejectment).
(3) An action to sell property to recover delinquent
real estate taxes under:
(i) the act of May 16, 1923 (P.L.207, No.153),
referred to as the Municipal Claim and Tax Lien Law; and
(ii) the act of July 7, 1947 (P.L.1368, No.542),
known as the Real Estate Tax Sale Law.
(4) An action under the act of November 24, 1976
(P.L.1176, No.261), known as the Manufactured Home Community
Rights Act.
(5) An action under 13 Pa.C.S. (relating to commercial
code).
Section 3. This act shall take effect as follows:
(1) The amendment of section 916 of the act shall take
effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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