PRIOR PRINTER'S NO. 535 PRINTER'S NO. 717
No. 502 Session of 2005
INTRODUCED BY GREENLEAF, PILEGGI, KITCHEN, EARLL, COSTA,
KASUNIC, LEMMOND, BOSCOLA, LOGAN, MUSTO, TARTAGLIONE,
ERICKSON AND STACK, MARCH 29, 2005
SENATOR PILEGGI, URBAN AFFAIRS AND HOUSING, AS AMENDED,
APRIL 20, 2005
AN ACT
1 Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2 act relating to the rights, obligations and liabilities of
3 landlord and tenant and of parties dealing with them and
4 amending, revising, changing and consolidating the law
5 relating thereto," requiring the disclosure of flood history
6 in leases TO LESSEES of residential real property. <--
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of April 6, 1951 (P.L.69, No.20), known
10 as The Landlord and Tenant Act of 1951, is amended by adding a
11 section to read:
12 Section 207. Disclosure of Flood History.--(a) Prior to <--
13 entering into a lease of residential real property, the landlord
14 shall disclose to the prospective tenant whether the residential
15 real property is located in a flood zone or wetlands area and
16 the residential real property's flood history including the
17 frequency and the extent of flooding.
18 (b) The prospective tenant shall sign a form, separate and
19 apart from the lease, acknowledging receipt of this disclosure.
1 SECTION 207. DISCLOSURE OF FLOOD HISTORY.--(A) A LANDLORD <--
2 ENTERING INTO A LEASE OF RESIDENTIAL REAL PROPERTY SHALL
3 DISCLOSE TO THE PROSPECTIVE TENANT THE PROPERTY'S FLOOD HISTORY,
4 INCLUDING THE FREQUENCY AND EXTENT OF FLOODING, TO THE EXTENT
5 ACTUALLY KNOWN BY THE LANDLORD. THE LANDLORD SHALL ALSO DISCLOSE
6 TO THE PROSPECTIVE TENANT THAT THE TENANT CAN DETERMINE WHETHER
7 THE PROPERTY IS LOCATED IN A FLOOD PLAIN BY CONTACTING THE
8 FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE LANDLORD SHALL
9 PROVIDE THE ADDRESS AND TELEPHONE NUMBER OF THE NEAREST OFFICE
10 OF THAT AGENCY.
11 (B) THE DISCLOSURES REQUIRED BY SUBSECTION (A) MAY BE GIVEN
12 IN THE LEASE AGREEMENT.
13 (c) (1) A lease of residential real property shall not be
14 invalidated solely because of the failure of any person to
15 comply with the provisions of this section. However, any
16 person who wilfully or negligently violates the provisions of
17 this section shall be liable in the amount of actual damages
18 suffered by the tenant as a result of the violation.
19 (2) This subsection shall not be construed so as to
20 restrict or expand the authority of a court to impose
21 punitive damages or apply other remedies applicable under any
22 other provision of law.
23 (D) AS USED IN THIS SECTION, THE TERM "RESIDENTIAL REAL <--
24 PROPERTY" MEANS A SINGLE RESIDENTIAL DWELLING UNIT.
25 Section 2. This act shall take effect in 120 days.
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