PRINTER'S NO. 2237
No. 1834 Session of 1977
INTRODUCED BY WHITE, OLIVER, RICHARDSON, CIANCIULLI, WIGGINS,
SCANLON, KELLY, GIAMMARCO AND WILLIAMS, NOVEMBER 1, 1977
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, NOVEMBER 1, 1977
AN ACT
1 Providing for notice and the right to cure landlord's default to
2 avoid the termination of utility service to tenants.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Utility
7 Service Tenants' Rights Act."
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Bill." A written statement from a utility to a customer
13 setting forth the amount of gas, electricity, steam or water
14 consumed or estimated to have been consumed for the billing
15 period set forth in the utility's tariff and the charges
16 therefor.
17 "Landlord customer." One or more individuals or an
18 organization listed on a gas, electric, steam or water utility's
1 records as the party responsible for payment of the gas,
2 electric, steam or water service provided to one or more
3 residential units of a building or mobile home park of which
4 building or mobile home park such party is not the sole
5 occupant.
6 "Mobile home park." Any site, lot, field or tract of land,
7 privately or publicly owned or operated, upon which three or
8 more mobile homes, occupied for dwelling or sleeping purposes,
9 are or are intended to be located.
10 "Municipal corporation." All cities, boroughs, towns,
11 townships, or counties of this Commonwealth, and also any public
12 corporation, authority, or body whatsoever created or organized
13 under any law of this Commonwealth.
14 "Projected bill." A written statement of the amount which
15 would be owed if the same quantity of gas, electricity, steam or
16 water were supplied at current rates as was supplied for the
17 same billing period during the previous year; but, if no service
18 was rendered to the account during the same billing period for
19 the previous year or if the demand for such service is
20 significantly different from that of the previous year, such
21 written statement shall be based upon a reasonable method of
22 estimating charges for usage.
23 "Public utility." A municipal corporation now or hereafter
24 owning or operating within its corporate boundaries equipment or
25 facilities for:
26 (1) Producing, generating, transmitting, distributing or
27 furnishing natural or artificial gas, electricity, or steam
28 for the production of light, heat, or power to or for the
29 public for compensation.
30 (2) Diverting, developing, pumping, impounding,
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1 distributing, or furnishing water to or for the public for
2 compensation.
3 "Residential building." A building containing one or more
4 dwelling units occupied by one or more tenants, but excluding
5 nursing homes, hotels and motels.
6 "Tenant." Any person or group of persons whose dwelling unit
7 in a residential building or mobile home park is provided gas,
8 electricity, steam or water, pursuant to a rental arrangement,
9 but who is not the customer of the company which supplied such
10 gas, electricity, steam or water.
11 Section 3. Notices before service to landlord customer
12 discontinued.
13 Except when required to prevent or alleviate an emergency or
14 except in the case of danger to life or property, before any
15 discontinuance of service within the utility's corporate limits,
16 to a landlord customer for nonpayment a public utility shall:
17 (1) Notify the landlord customer of the proposed
18 discontinuance in writing as prescribed in section 5 at least
19 37 days before the date of discontinuance of service.
20 (2) Notify the Attorney General in writing of the
21 proposed discontinuance of service.
22 (3) Notify the following agencies which serve the
23 community in which the affected premises are located in
24 writing of the proposed discontinuance of service:
25 (i) the Department of Licenses and Inspections of
26 any city of the first class;
27 (ii) the Department of Public Safety of any city of
28 the second class, second class A, or third class;
29 (iii) the city or county Public Health Department;
30 and
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1 (iv) the grantees of Emergency Energy Funds from the
2 Community Services Agency.
3 (4) Notify each residential unit reasonably likely to be
4 occupied by an affected tenant of the proposed discontinuance
5 in writing as prescribed in section 6 at least seven days
6 after notice to the landlord customer pursuant to this
7 section, and at least 30 days before any such discontinuance
8 of service. However, if before the tenants are notified
9 pursuant to this section, the landlord customer files a
10 petition with the court opposing the right of the utility to
11 notify the tenants, such notice shall not be rendered until
12 such petition has been adjudicated by the court of common
13 pleas or the Commonwealth Court.
14 Section 4. Identifying tenants.
15 (a) Upon receiving a lawful request for the names and
16 addresses of the affected tenants pursuant to this act, it shall
17 be the duty of the landlord customer to provide the utility with
18 the names and addresses of every affected tenant of any building
19 or mobile home park for which the utility is proposing to
20 discontinue service.
21 (b) Such information shall be provided by the landlord
22 customer:
23 (1) within seven days of receipt of the notice to the
24 landlord customer required by section 3; or
25 (2) within three days of any adjudication by a court
26 having jurisdiction that the landlord customer must provide
27 the requested information if the landlord files a petition
28 opposing the utility's request to obtain the information
29 within seven days of receipt of the notice to the landlord
30 customer.
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1 (c) It shall be the duty of any public utility to pursue any
2 appropriate legal remedy it has, necessary to obtain from the
3 landlord customer, the names and addresses of all affected
4 tenants of a building or mobile home park for which the utility
5 is proposing discontinuance of service to such landlord
6 customer.
7 Section 5. Contents of discontinuance notice to landlord
8 customer.
9 The notice required to be given to a landlord customer
10 pursuant to section 3 shall contain the following information:
11 (1) the amount owed the utility by the landlord customer
12 for each affected account;
13 (2) the date on or after which service will be
14 discontinued;
15 (3) the date on or after which the company will notify
16 tenants of the proposed discontinuance of service and of
17 their rights under sections 7, 9 and 10;
18 (4) that the landlord customer may avoid discontinuance
19 of service by paying the utility the full amount due for the
20 accounts in question prior to the intended date of
21 discontinuance or by paying a portion of the amount due and
22 making an equitable arrangement with the utility to pay the
23 balance; and
24 (5) the right of the landlord customer to:
25 (i) file a petition with the court within seven days
26 of receipt of notice to the landlord customer of the
27 proposed discontinuance of service, opposing the
28 utility's request for the names and addresses of tenants;
29 (ii) file a petition with the court opposing the
30 notification of tenants of the proposed discontinuance of
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1 service; and
2 (iii) file a petition with the court opposing the
3 discontinuance of service to the landlord customer.
4 Section 6. Delivery and contents of first discontinuance
5 notice to tenants.
6 The notice required to be given to a tenant pursuant to
7 section 3 shall be mailed or otherwise delivered to the address
8 of each affected tenant, and shall contain the following
9 information:
10 (1) the date on which the notice is rendered;
11 (2) the date on or after which service will be
12 discontinued;
13 (3) the circumstances under which service to the
14 affected tenant may be continued, specifically referring to
15 the conditions set out in section 7;
16 (4) the projected bill;
17 (5) the statutory rights of a tenant to deduct the
18 amount of any direct payment to the utility from any rent
19 payments then or thereafter due; to be protected against any
20 retaliation by the landlord for exercising such statutory
21 right; to recover money damages from the landlord for any
22 such retaliation;
23 (6) that tenants may make payment to the utility on
24 account of nonpayment by the landlord customer only by check
25 or money order drawn by the tenant to the order of the
26 utility; and
27 (7) a telephone number at the utility which a tenant may
28 call for an explanation of his rights.
29 The information in paragraphs (1) through (7) shall be posted
30 by the utility in those common areas of the building or mobile
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1 home park where it is reasonably likely to be seen by the
2 affected tenants. Any officer or employee of the utility may at
3 any reasonable time, enter the common hallways and common areas
4 of such building for the purpose of complying with the
5 provisions of this section.
6 Section 7. Rights of tenants to continued service.
7 At any time before or after service within the utility's
8 corporate limits is discontinued by a public utility on account
9 of nonpayment by the landlord customer, the affected tenants may
10 apply to the utility to have service continued or resumed. A
11 public utility shall not discontinue such service or shall
12 promptly resume service previously discontinued if it receives
13 from the tenants an amount equal to a projected bill for the 30-
14 day period commencing on the later of the date of the planned
15 discontinuance or the date service is resumed. Thereafter, such
16 utility shall notify each tenant of the total amount of the
17 projected bill for the second and each succeeding period of 30
18 days or less. If the tenants fail to make payment of any
19 projected bill before the start of the period for which the bill
20 is projected, the utility may commence discontinuance
21 procedures: Provided, That no such discontinuance may occur
22 until 30 days after each tenant has received written notice of
23 the proposed discontinuance as prescribed in section 8. All
24 payments by tenants to a utility on account of nonpayment by the
25 landlord customer shall be made by a check or money order drawn
26 by the tenant to the order of the utility. Upon receiving any
27 such payment, the utility shall notify the landlord customer who
28 is liable for the utility service of the amount or amounts paid
29 by any tenant pursuant to the provisions of this section. In the
30 event that the tenants fail to satisfy the requirements of this
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1 section to maintain or restore service, and service to the
2 affected dwelling units is discontinued, the utility shall
3 refund to each tenant the amount paid by such tenant on account
4 of nonpayment by the landlord customer, upon the request of the
5 customer or after holding the customer's payment during 60
6 consecutive days of discontinued service, whichever occurs
7 first.
8 Section 8. Delivery and contents of subsequent discontinuance
9 notices to tenants.
10 Subsequent notices required to be given to a tenant pursuant
11 to section 7 shall be mailed or otherwise delivered to the
12 address of each affected tenant and shall contain the following
13 information:
14 (1) the date on or after which service will be
15 discontinued;
16 (2) the amount due, which shall include the arrearage on
17 any earlier projected bill due from tenants;
18 (3) a telephone number at the utility which a tenant may
19 call for an explanation of his rights; and
20 (4) the right of a tenant to file a petition with the
21 court to enforce any legal right that he may have.
22 Section 9. Tenant's right to withhold rent.
23 Any tenant who has made a payment to a utility on account of
24 nonpayment by the landlord customer pursuant to this act may
25 subsequently recover the amount paid to the utility either by
26 deducting said amount from any rent or payment on account of
27 taxes or operating expenses then or thereafter due from such
28 tenant to the person to whom he would otherwise pay his rent or
29 by obtaining reimbursement from the person to whom he last paid
30 rent.
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1 Section 10. Payment of arrearage by the tenants.
2 For good cause shown upon petition of the utility to the
3 court, a hearing shall be held and the court thereafter may
4 require the tenants to pay a portion of the arrearage of the
5 landlord customer's account deemed just and reasonable. Payment
6 of any portion of an arrearage may be required only if the
7 utility proves that the total monthly rent due the landlord
8 customer from the tenants is greater than the projected bill for
9 the same period of time. Payment of any portion of an arrearage
10 may not be required if the tenants prove that there are claims
11 of other utilities against the withheld rent, or that such a
12 requirement would impose an undue burden upon the tenants. If
13 more than one utility claims the withheld rent, such utilities
14 by mutual agreement may join together in a single proceeding
15 under this section.
16 Section 11. Waiver prohibited.
17 Any waiver of the tenant's right to notice of proposed
18 discontinuance of service or right to withhold rent under this
19 act shall be void and unenforceable.
20 Section 12. Retaliation by landlord customer prohibited.
21 It shall be unlawful for any landlord customer or agent or
22 employee thereof to threaten or take reprisals against a tenant
23 because the tenant exercised his rights under section 7, 9, or
24 10. Any landlord customer, or agent or employee thereof who
25 threatens or takes such reprisals against any tenant shall be
26 liable for damages which shall be two months' rent or the actual
27 damages sustained by the tenant, whichever is greater, and the
28 costs of suit and reasonable attorney's fees. The receipt of any
29 notice of termination of tenancy except for nonpayment of rent
30 or of increase in rent or of any substantial alteration in the
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1 terms of tenancy within six months after the tenant has acted
2 pursuant to section 7, 9 or 10 to avoid discontinuance of
3 utility service shall create a rebuttable presumption that such
4 notice is a reprisal against the tenant for exercising his
5 rights under section 7, 9 or 10.
6 Section 13. Duties of the Attorney General.
7 The Attorney General shall have the power and it shall be his
8 duty to enforce this act.
9 Section 14. Assurances of voluntary compliance.
10 In the administration of this act, the Attorney General may
11 accept an assurance of voluntary compliance with respect to any
12 method, act or practice deemed to be violative of the act from
13 any person who has engaged or was about to engage in such
14 method, act or practice. Such assurance may include a
15 stipulation for voluntary payment by the alleged violator
16 providing for the restitution by the alleged violator to any
17 person in interest of money, property or other things received
18 from them in connection with the violation of this act. Any such
19 assurance shall be in writing and be filed with the court of
20 common pleas in the county in which the alleged violator
21 resides, has his principal place of business, or is doing
22 business, or the Commonwealth Court. Such assurance of voluntary
23 compliance shall not be considered an admission of violation for
24 any purpose. Matters thus closed may at any time be reopened by
25 the Attorney General for further proceedings in the public
26 interest.
27 Section 15. Restraining prohibited acts.
28 Whenever the Attorney General has reason to believe that any
29 person is using or is about to use any method, act or practice
30 declared in this act to be unlawful and that proceedings would
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1 be in the public interest, he may bring an action in the name of
2 the Commonwealth against such person to restrain by temporary or
3 permanent injunction the use of such method, act or practice.
4 The action may be brought in the court of common pleas of the
5 county in which such person resides, has his principal place of
6 business, or is doing business, or may be brought in the
7 Commonwealth Court. The said courts are authorized to issue
8 temporary or permanent injunctions to restrain and prevent
9 violations of this act and such injunctions shall be issued
10 without bond.
11 Section 16. Payment of costs and restitution.
12 Whenever any court issues a permanent injunction to restrain
13 and prevent violations of this act, the court may in its
14 discretion provide for payment by defendant or defendants to the
15 Commonwealth of the court costs of the action. In addition, the
16 court may in its discretion direct that the defendant or
17 defendants restore to any person in interest any moneys or
18 property, real or personal, which may have been acquired by
19 means of any violation of this act, under terms and conditions
20 established by the court.
21 Section 17. Civil penalties; violation of injunction or
22 assurance of voluntary compliance.
23 Any person who violates the term of an injunction issued
24 under section 15 or any of the terms of an assurance of
25 voluntary compliance duly filed in court shall forfeit and pay
26 to the Commonwealth a civil penalty of not more than $5,000 for
27 each violation. For the purposes of this section, the court
28 issuing an injunction, or in which an assurance of voluntary
29 compliance is filed shall retain jurisdiction, and the cause
30 shall be continued; and, in such cases the Attorney General,
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1 acting in the name of the Commonwealth, may petition for
2 recovery of civil penalties and any other equitable relief
3 deemed needed or proper.
4 Section 18. Civil penalties; willful violations.
5 In any action brought under section 15, if the court finds
6 that a person is willfully using or has willfully used a method,
7 act or practice declared unlawful, the Attorney General, acting
8 in the name of the Commonwealth of Pennsylvania, may recover, on
9 behalf of the Commonwealth of Pennsylvania, a civil penalty not
10 exceeding $1,000 per violation, which civil penalty shall be in
11 addition to other civil penalties which may be granted under
12 this act.
13 Section 19. Penalties for removing, interfering or tampering
14 with notices.
15 Any person who removes, interferes or tampers with notices to
16 tenants of proposed discontinuance of service, posted pursuant
17 to section 6 shall be guilty of a violation of this section and
18 shall be punished by a fine not to exceed $25.
19 Section 20. Effective date.
20 This act shall take effect immediately.
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