PRINTER'S NO. 669
No. 600 Session of 1975
INTRODUCED BY IRVIS, OLIVER, VANN, CAPUTO, BENNETT, A. P. KELLY,
SCHWEDER, REED, ROMANELLI, FAWCETT, McCLATCHY, KNEPPER,
MRKONIC, MISCEVICH, KERNICK, GILLETTE, COWELL, ITKIN,
M. M. MULLEN, TRELLO, GEISLER, FLAHERTY, RHODES, BONETTO,
ABRAHAM AND M. E. MILLER, JR., FEBRUARY 26, 1975
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 3, 1975
AN ACT
1 Relating to the rights, obligations, and liabilities of landlord
2 and tenant in second class counties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 ARTICLE I
6 General Provisions
7 Section 101. Short Title.--This act shall be known, and may
8 be cited, as the "Second Class County Residential Landlord and
9 Tenant Act."
10 Section 102. Purposes; Rules of Construction.--(a) This act
11 shall be liberally construed and applied to promote its
12 underlying purposes and policies.
13 (b) The underlying purposes and policies of this act are:
14 (1) to simplify, clarify, modernize, and revise the law
15 governing the rental of dwelling units and the rights and
16 obligations of landlord and tenant; and
1 (2) to encourage landlord and tenant to maintain and improve
2 the quality of housing.
3 Section 103. Supplementary Principles of Law Applicable.--
4 Unless displaced by the provisions of this act, the principles
5 of law and equity, including the law relating to capacity to
6 contract, mutuality of obligations, principal and agent, real
7 property, public health, safety and fire prevention, estoppel,
8 fraud, misrepresentation, duress, coercion, mistake, bankruptcy,
9 or other validating or invalidating cause supplement its
10 provisions.
11 Section 104. Construction Against Implicit Repeal.--This
12 act, being a general act intended as a unified coverage of its
13 subject matter, no part of it is to be construed as implicitly
14 repealed by subsequent legislation if that construction can
15 reasonably be avoided.
16 Section 105. Administration of Remedies; Enforcement.--(a)
17 The remedies provided by this act shall be so administered that
18 the aggrieved party may recover appropriate damages. The
19 aggrieved party has a duty to mitigate damages.
20 (b) Any right or obligation declared by this act is
21 enforceable by action unless the provision declaring it
22 specifies a different and limited effect.
23 Section 106. Settlement of Disputed Claim or Right.--A claim
24 or right arising under this act or on a rental agreement, if
25 disputed in good faith, may be settled by agreement between the
26 parties.
27 Section 107. Territorial Application.--This act applies to,
28 regulates, and determines rights, obligations, and remedies
29 under a rental agreement, wherever made, for a dwelling unit
30 located within any second class county in the Commonwealth of
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1 Pennsylvania.
2 Section 108. Exclusions from Application of Act.--Unless
3 created to avoid the application of this act, the following
4 arrangements are not governed by this act:
5 (1) Residence at a regulated institution, public or private,
6 if incidental to detention or the provision of medical,
7 geriatric, educational, counseling, religious, or similar
8 service.
9 (2) Occupancy under a bona fide contract of sale of a
10 dwelling unit or the property of which it is a part, in
11 accordance with the act of June 8, 1965 (P.L.115, No.81), known
12 as the "Installment Land Contract Law," if the occupant is the
13 purchaser or a person who succeeds to his interest.
14 (3) Occupancy by a member of a fraternal or social
15 organization in the portion of a structure operated for the
16 benefit of the organization.
17 (4) Transient occupancy in a hotel, motel, or other similar
18 lodging.
19 (5) Occupancy by an employee of a landlord whose right to
20 occupancy is conditional upon employment in and about the
21 premises.
22 (6) Occupancy by an owner of a condominium unit or a holder
23 of a proprietary lease in a cooperative.
24 Section 109. Jurisdiction and Service of Process.--If a
25 landlord is not a resident of this Commonwealth or is a
26 corporation not authorized to do business in this Commonwealth
27 and engages in any conduct in this Commonwealth governed by this
28 act, or engages in a transaction subject to this act, he shall
29 designate an agent pursuant to section 402(a) upon whom service
30 of process may be made in this Commonwealth. The agent shall be
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1 a resident of this Commonwealth or a corporation authorized to
2 do business in this Commonwealth. The designation shall be in
3 writing and filed with the Secretary of the Commonwealth. The
4 registration and designation of out-of-Commonwealth landlords
5 shall be a matter of public record. If no designation is made
6 and filed, or if process cannot be served in this Commonwealth
7 upon the designated agent, process may be served upon the
8 Secretary of the Commonwealth, but service upon him is not
9 effective unless the plaintiff or petitioner forthwith mails a
10 copy of the process or pleading by registered or certified mail
11 to the defendant or respondent at his last reasonably
12 ascertainable address. An affidavit of compliance with this
13 section shall be filed with the clerk of the court on or before
14 the return day of the process, if any, or within any further
15 time the court allows.
16 ARTICLE II
17 General Definitions and Principles
18 of Interpretation; Notice
19 Section 201. General Definitions.--The following words and
20 phrases, when used in this act, shall have, unless the context
21 clearly indicates otherwise, the meanings given to them in this
22 section:
23 "Action." Includes recoupment, counterclaim, setoff, suit in
24 equity, and any other proceeding in which rights are determined,
25 including an action for possession.
26 "Building and housing codes." Include any law, ordinance, or
27 governmental regulation concerning fitness for habitation, or
28 the construction, maintenance, operation, occupancy, use or
29 appearance of any premises.
30 "Dwelling unit." A structure or the part of a structure that
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1 is used as a home, residence, or sleeping place by one person
2 who maintains a household or by two or more persons who maintain
3 a common household.
4 "Good faith." Honesty in fact in the conduct of the
5 transaction concerned.
6 "Landlord." The owner, lessor, or sublessor of the dwelling
7 unit or the building of which it is a part, and it also means a
8 manager of the premises who fails to disclose as required by
9 section 402.
10 "Local Code Enforcement Agency." Any county or municipal
11 government or agency empowered to enforce a housing code,
12 building code, fire prevention code, plumbing code, or
13 electrical code in any second class county.
14 "Organization." Includes corporation, government,
15 governmental subdivision or agency, business trust, estate,
16 trust, partnership or association, two or more persons who have
17 a joint or common interest, and any other legal or commercial
18 entity.
19 "Owner." One or more persons, jointly or severally, in whom
20 is vested (i) all or part of the legal title to property; or
21 (ii) all or part of the beneficial ownership and a right to the
22 present use and enjoyment of the premises; and the term includes
23 a mortgagee in possession.
24 "Periodic rent." The basic charge for the residential
25 dwelling unit, paid in equal installments at regular periods of
26 time.
27 "Person." Includes an individual or organization.
28 "Premises." A dwelling unit and the structure of which it is
29 a part, and facilities therein, and appurtenances thereto, and
30 grounds, areas, and facilities held out for the use of the
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1 tenants generally or whose use is promised to the tenant.
2 "Rent." All payments to be made to or for the benefit of the
3 landlord under the rental agreement.
4 "Rental agreement." All agreements, written or oral, and
5 valid rules and regulations adopted under section 502, which
6 establish or modify the conditions and terms concerning the use
7 and occupancy of a dwelling unit and premises.
8 "Single family residence." A structure maintained and used
9 as a single residential dwelling unit. Notwithstanding that a
10 residential dwelling unit shares one or more walls with another
11 dwelling unit, it is a single family residence if it has direct
12 access to a street or thoroughfare and shares neither heating
13 facilities nor hot water equipment.
14 "Tenant." A person entitled under a rental agreement to
15 occupy a dwelling unit to the exclusion of others.
16 Section 202. Obligation of Good Faith.--Every duty under
17 this act and every act which must be performed as a condition
18 precedent to the exercise of a right or remedy under this act
19 imposes an obligation of good faith in its performance or
20 enforcement.
21 Section 203. Unconscionability.--(a) If the court, as a
22 matter of law, finds:
23 (1) a rental agreement or any provision thereof was
24 unconscionable when made, the court may refuse to enforce the
25 agreement, enforce the remainder of the agreement without the
26 unconscionable provision, or limit the application of any
27 unconscionable provision to avoid an unconscionable result; or
28 (2) a settlement in which a party waives or agrees to forego
29 a claim or right under this act or under a rental agreement was
30 unconscionable at the time it was made, the court may refuse to
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1 enforce the settlement, enforce the remainder of the settlement
2 without the unconscionable provision, or limit the application
3 of any unconscionable provision to avoid an unconscionable
4 result.
5 (b) If unconscionability is put into issue by a party or by
6 the court upon its own motion, the parties shall be afforded a
7 reasonable opportunity to present evidence as to the setting,
8 purpose, and effect of the rental agreement or settlement to aid
9 the court in making the determination.
10 Section 204. Notice.--A person has notice of a fact if (i)
11 he has actual knowledge of it; (ii) he has received a notice or
12 notification of it; or (iii) from all the facts and
13 circumstances known to him at the time in question, he has
14 reason to know that it exists.
15 A person "knows" or "has knowledge" of a fact if he has
16 actual knowledge of it.
17 A person "notifies" or "gives" a notice or notification to
18 another by taking steps reasonably calculated to inform the
19 other in ordinary course whether or not the other actually comes
20 to know of it.
21 A person "receives" a notice or notification when (i) it
22 comes to his attention; or (ii) in the case of the landlord, it
23 is delivered at the place of business of the landlord or his
24 agent or at the place where rent is customarily paid, or mailed
25 by registered or certified mail to such place; or (iii) in the
26 case of the tenant, it is delivered in hand to the tenant or
27 mailed by registered or certified mail to him at the place of
28 residence or, in the absence of such designation, to his last
29 known place of residence.
30 ARTICLE III
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1 General Provisions of Rental Agreements
2 Section 301. Terms and Conditions of Rental Agreement.--(a)
3 The landlord and tenant may include in a rental agreement, terms
4 and conditions not prohibited by this act or other rule of law,
5 including rent, term of the agreement, and other provisions
6 governing the rights and obligations of the parties, such as
7 allocation of responsibility for the payment of utility costs.
8 (b) In the absence of agreement, the tenant shall pay as
9 rent the fair rental value for the use and occupancy of the
10 dwelling unit, and the tenancy shall be governed by the
11 provisions of this act.
12 (c) Periodic rent shall be payable without demand or notice
13 at the time and place agreed upon by the parties. Unless
14 otherwise agreed, periodic rent is payable at the dwelling unit
15 and is payable at the beginning of any term of one month or less
16 and otherwise in equal monthly installments at the beginning of
17 each month. Unless otherwise agreed, periodic rent shall be
18 uniformly apportionable from day to day.
19 (d) Unless the rental agreement fixes a definite term, the
20 tenancy shall be week to week in the case of a tenant who pays
21 weekly rent, and in all other cases, month to month.
22 (e) Where rent is paid by other than personal check, the
23 landlord shall, upon request of the tenant, issue a receipt to
24 the tenant for rent and any other moneys received by the
25 landlord from the tenant.
26 Section 302. Prohibited Provisions in Rental Agreements.--
27 (a) No rental agreement may provide that the tenant:
28 (1) agrees to waive or to forego rights or remedies under
29 this act;
30 (2) authorizes any person to confess judgment for possession
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1 and/or monetary damages on a claim arising out of the rental
2 agreement or under this act;
3 (3) agrees to pay the landlord's attorney fees;
4 (4) agrees to the exculpation or limitation of any liability
5 of the landlord arising under law or to indemnify the landlord
6 for that liability or the costs connected therewith; or
7 (5) agrees to waive the Debtors Exemption provided by act of
8 April 9, 1849 (P.L.533, No.356).
9 (b) A provision prohibited by subsection (a) above, which is
10 included in a rental agreement, is unenforceable. If a landlord
11 deliberately uses a rental agreement containing provisions known
12 by him to be prohibited, the tenant may recover an amount not
13 more than three months rent or the actual damages sustained by
14 him, whichever is greater.
15 Section 303. Separation of Rents and Obligations to Maintain
16 Property Forbidden.--A rental agreement may not permit the
17 receipt of rent free of the obligation to comply with section
18 403.
19 Section 304. Landlord Liens; Distress for Rent.--(a) A lien
20 or security interest on behalf of the landlord in the tenant's
21 household goods is unenforceable, except when the lien is
22 obtained pursuant to judgment and execution.
23 (b) Distraint for rent is abolished.
24 Section 305. Recovery of Possession Limited.--A landlord may
25 not recover or take possession of the dwelling unit by action or
26 otherwise, including wilfull diminution of services to the
27 tenant by interrupting or causing the interruption of electric,
28 gas, water, or other essential service to the tenant, except in
29 cases of surrender, or as permitted in this act.
30 Section 306. Waiver of Subrogation Clause.--Neither the
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1 landlord nor the tenant shall be liable to each other
2 respectively nor to any insurer or other party claiming by way
3 of subrogation through or under either one with respect to any
4 loss, damage, injury, or death to the extent that either of them
5 shall be reimbursed or has the right to be reimbursed out of
6 insurance carried by the landlord or the tenant, as the case may
7 be, with respect to such loss, damage, injury, or death.
8 ARTICLE IV
9 Landlord Obligations
10 Section 401. Landlord to Supply Possession of Dwelling
11 Unit.--At the commencement of the term, the landlord shall
12 deliver possession of the premises to the tenant in compliance
13 with the rental agreement and section 403.
14 Section 402. Disclosure.--(a) The landlord or any person
15 authorized to enter into a rental agreement on his behalf shall
16 disclose in the written rental agreement or otherwise to the
17 tenant in writing at or before the commencement of the tenancy
18 the name and address of:
19 (1) the person authorized to manage the premises; and
20 (2) an owner of the premises or a person authorized to act
21 for and on behalf of the owner for the purpose of service of
22 process and for the purpose of receiving and receipting for
23 notices and demands.
24 (b) The information required to be furnished by this section
25 shall be kept current and this section extends to and is
26 enforceable against any successor landlord, owner, or manager.
27 (c) A person who fails to comply with subsection (a) becomes
28 an agent of each person who is a landlord for the purpose of:
29 (1) service of process and receiving and receipting for
30 notices and demands; and
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1 (2) performing the obligations of the landlord under this
2 act and under the rental agreement and expending or making
3 available for these purposes all rent collected from the
4 premises.
5 Section 403. Landlord to Maintain Fit Premises.--(a) The
6 landlord shall, with reasonable promptness:
7 (1) comply with the requirements of applicable building,
8 fire prevention, and housing codes materially affecting health,
9 safety, and security;
10 (2) make all repairs and do whatever is necessary to put and
11 keep the premises in a fit and habitable condition;
12 (3) keep all common areas of the premises in a clean and
13 safe condition; and
14 (4) maintain in good and safe working order and condition
15 all electrical, plumbing, sanitary, heating, ventilating, air
16 conditioning, and other facilities and appliances, including
17 elevators and security systems, supplied or required to be
18 supplied by him by law or the rental agreement.
19 Section 404. Sale, Transfer, Assignment of Property;
20 Transfer of Security Deposits.--(a) Upon termination of the
21 landlord's interest in the residential dwelling unit whether by
22 sale, assignment, appointment of receiver, or otherwise, the
23 landlord shall, within 30 days after conveyance, transfer the
24 security deposits and interest thereto, as provided by law,
25 remaining after any lawful deductions to the landlord's
26 successor in interest, and shall, within 30 days after
27 conveyance, notify the tenants by certified mail of such
28 transfer, the amount transferred, and of the transferee's name
29 and address, or obtained from the tenant a writing indicating
30 that the tenant received notice of such transfer.
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1 (b) Compliance by the landlord with subsection (a) of this
2 section shall relieve the landlord of further liability with
3 respect to security deposits and interest thereto upon written
4 acknowledgment by the transferee of the receipt of such security
5 deposits.
6 (c) Any rental agreement shall be binding on the successors
7 and assigns of the parties thereto, and no provisions, terms, or
8 obligations therein contained shall be affected, modified or
9 changed in any respect whatsoever by any sale, transfer, or
10 assignment of any party thereto or affected, modified, or
11 changed in any respect whatsoever by a change of any kind in the
12 legal status, ownership, or management of either party thereto.
13 Section 405. Management Transfer.--(a) Upon termination of
14 the managing agent's contract in the dwelling unit, the managing
15 agent shall, within 30 days, transfer all security deposit,
16 current lease files including records of payment, insurance
17 records, and all other books and records to which the landlord
18 is entitled; to the landlord or to the newly appointed managing
19 agent designated by the landlord.
20 (b) In the event of the failure on the part of the managing
21 agent whose services have been terminated to comply with this
22 section, the landlord may immediately bring an action in the
23 court of common pleas for equitable relief, actual damages
24 and/or punitive damages in an amount not to exceed $1,000 and
25 attorney's fees.
26 ARTICLE V
27 Tenant Obligations
28 Section 501. Tenant to Maintain Dwelling Unit.--The tenant
29 shall:
30 (1) comply with all obligations primarily imposed upon
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1 tenants by applicable provisions of building and housing codes
2 materially affecting health, safety, and security;
3 (2) keep that part of the premises that he occupies and uses
4 as reasonably clean as the condition of the premises permit;
5 (3) dispose from his dwelling unit all ashes, rubbish,
6 garbage, and other waste in a clean and safe manner;
7 (4) use in a reasonable manner all electrical, plumbing,
8 sanitary, heating, ventilating, air conditioning, and other
9 facilities and appliances including elevators and security
10 systems in the premises;
11 (5) not deliberately or negligently destroy, deface, damage,
12 or remove any part of the premises, or knowingly permit any
13 person to do so;
14 (6) conduct himself and require other persons on the
15 premises with his consent to conduct themselves in a reasonable
16 manner which will not unduly disturb his neighbors peaceful
17 enjoyment of the premises;
18 (7) notify the landlord of any emergency maintenance
19 problems as soon as possible; and
20 (8) peaceably surrender possession of the premises at the
21 end of the term of the rental agreement.
22 Section 502. Rules and Regulations.--A landlord, from time
23 to time, may adopt any rule or regulation, however described,
24 concerning the tenant's use and occupancy of the premises. Such
25 rule or regulation is enforceable against the tenant only if:
26 (1) its purpose is to promote the convenience, safety, or
27 welfare of the tenants in the premises, preserve the landlord's
28 property from abusive use, or make a fair distribution of
29 services and facilities held out for the tenants generally;
30 (2) it is reasonably related to the purpose for which it is
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1 adopted;
2 (3) it applies to all tenants in the premises in a fair
3 manner;
4 (4) it is sufficiently explicit in its prohibition,
5 direction, or limitation of the tenant's conduct to fairly
6 inform him of what he must or must not do to comply;
7 (5) it is not for the purpose of evading the obligations of
8 the landlord; and
9 (6) the tenant has notice of it at the time he enters into
10 the rental agreement; however, a rule or regulation adopted
11 after the tenant enters into the rental agreement is enforceable
12 against the tenant if 30 days notice of its adoption is given to
13 the tenant and it does not work a substantial hardship upon the
14 tenant.
15 Section 503. Access.--(a) The tenant shall not unreasonably
16 withhold consent to the landlord or his authorized agent to
17 enter into the dwelling unit in order to inspect the premises,
18 make necessary or agreed repairs, decorations, alterations, or
19 improvements, supply necessary or agreed services, or exhibit
20 the dwelling unit to prospective or actual purchasers,
21 mortgagees, tenants, workmen, contractors, insurers, or
22 prospective insurers.
23 (b) The landlord or his authorized agent may enter the
24 residential dwelling unit without the consent of the tenant in
25 case of emergency. The landlord shall notify the tenant in
26 writing as soon as possible, but in no event later than three
27 days after entering the dwelling unit. Notice shall include the
28 date, time, and reason for such entrance.
29 (c) The landlord shall not abuse the right of access or use
30 it to harass the tenant. Except in case of emergency, or if it
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1 is impracticable to do so, the landlord shall give the tenant at
2 least three days notice of his intent to enter only at
3 reasonable times.
4 (d) The landlord has no other right of access except by
5 court order or as permitted by this section, or if the tenant
6 has abandoned or surrendered the premises.
7 Section 504. Tenant to Use and Occupy.--Unless otherwise
8 agreed, the tenant shall occupy his dwelling unit only as a
9 dwelling unit.
10 ARTICLE VI
11 Tenant Remedies
12 Section 601. Noncompliance by the Landlord in General.--(a)
13 Except as provided in this act, if there is a material
14 noncompliance by the landlord with the rental agreement or a
15 noncompliance with section 403 materially affecting health,
16 safety, or security, the tenant may deliver a written notice to
17 the landlord specifying the acts and omissions constituting the
18 breach and that the rental agreement will terminate upon a date
19 not less than 30 days after receipt of the notice if the breach
20 is not remedied in 14 days, and the rental agreement shall
21 terminate and the tenant shall surrender possession as provided
22 in the notice subject to the following: If the breach is
23 remediable by repairs or the payment of damages or otherwise and
24 the landlord adequately remedies the breach prior to the date
25 specified in the notice, the rental agreement will not
26 terminate. In the absence of a showing of due care by the
27 landlord, if substantially the same act or omission which
28 constituted a prior noncompliance of which notice was given
29 recurs within six months, the tenant may terminate the rental
30 agreement and the tenant shall surrender possession of the
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1 premises upon at least 14 days written notice specifying the
2 breach and the date of termination of the rental agreement. The
3 tenant may not terminate for a condition caused by the
4 deliberate or negligent act or omission of the tenant, a member
5 of his family, or other person on the premises with his consent.
6 (b) Except as provided in this act, the tenant may obtain
7 injunctive relief for any material noncompliance by the landlord
8 with the rental agreement or section 403, as well as damages for
9 any noncompliance thereof.
10 (c) The remedy provided in subsection (b) is in addition to
11 any right of the tenant arising under subsection (a).
12 (d) If the rental agreement is mutually or legally
13 terminated and the tenant surrenders possession of the premises,
14 the landlord shall return all of the security deposit or part
15 thereof recoverable by the tenant under applicable law.
16 Section 602. Failure to Deliver Possession.--If the landlord
17 fails to deliver possession of the dwelling unit to the tenant
18 as provided in section 401, rent abates until possession is
19 delivered and the tenant may:
20 (1) upon at least five days written notice to the landlord
21 terminate the rental agreement and upon termination, the
22 landlord shall return all prepaid rent and security; or
23 (2) demand performance of the rental agreement by the
24 landlord and, if the tenant elects, maintain an action for
25 possession of the dwelling unit against any person wrongfully in
26 possession and recover damages sustained by him.
27 Section 603. Self-Help for Minor Defects.--(a)(1) If the
28 landlord fails to comply with section 403 of this act, the
29 tenant may notify the appropriate local code enforcement agency
30 and request an inspection of his dwelling unit and premises.
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1 (2) If the local code enforcement agency finds that there
2 are conditions at the premises that are in violation of building
3 and housing codes and are the responsibility of the landlord for
4 their correction, the local enforcement agency shall give notice
5 to the landlord to correct the conditions.
6 (3) The local code enforcement agency shall provide the
7 tenant with a list of such violations found at the dwelling in
8 which he or she resides.
9 (4) If the local code enforcement agency is unable to serve
10 notice of the violations upon the landlord or if the landlord
11 has not commenced, in good faith, the correction of the cited
12 violations within 15 days from the receipt of the violation
13 notice, or if, at any time thereafter, the landlord does not
14 continue to make a good faith effort to correct the cited
15 violations, the local code enforcement agency may give notice to
16 the tenant authorizing the tenant to proceed under subsection
17 (b).
18 (b) If the tenant has received authorization to proceed
19 under this section by the local code enforcement agency, he or
20 she may do the following:
21 (1) The tenant shall submit to the landlord and the local
22 code enforcement agency that authorized the tenant to proceed
23 under this section, a written estimate listing the repair work
24 to be completed and its cost. The estimate shall not include any
25 costs for repairs which are not listed as required by the local
26 code enforcement agency pursuant to section 603(a)(3) or (4). If
27 the tenant will be making the repairs himself, the tenant may
28 include in the estimate labor costs of up to but not more than
29 the prevailing Federal Minimum Hourly Wage Rate.
30 Included with the estimate, the tenant must submit to the
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1 landlord and the local code enforcement agency, a statement that
2 he or she intends to correct the cited violations at the expense
3 of the landlord by deducting the cost of the repairs from the
4 rental payments.
5 (2) If the cost of the repairs do not exceed the total of
6 three months periodic rent and the landlord has not made a good
7 faith effort to correct the cited violations, the local code
8 enforcement agency that authorized the tenant to proceed under
9 this section shall, within ten days from the date of the receipt
10 of the estimate submitted by the tenant, notify the tenant and
11 the landlord that the tenant is authorized or is not authorized
12 to make the repairs at the expense of the landlord by deducting
13 the cost of the repairs from the rental payments.
14 (3) If the local code enforcement agency notifies the tenant
15 that he is not authorized to make the repairs at the expense of
16 the landlord by deducting the cost of the repairs from the
17 rental payments, the tenant may submit a revised estimate
18 listing the repair work to be completed, its cost, and a
19 statement that he or she intends to correct the cited violations
20 at the expense of the landlord by deducting the cost of the
21 repairs from the rental payments.
22 (4) If the tenant receives authorization to make repairs
23 pursuant to section 603(b)(2), then the violations listed by the
24 local code enforcement agency may be corrected by the tenant or
25 by a contractor or repairman hired by the tenant.
26 (5) After the repairs have been completed by the tenant and
27 the violations have been certified as abated by the local code
28 enforcement agency, the tenant shall deduct from his rent the
29 cost of the repairs, including labor costs, provided that the
30 tenant shall not deduct more than the total of three months
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1 periodic rent.
2 (6) The tenant shall submit to the landlord a copy of the
3 receipts for the cost of the repairs made in lieu of payment for
4 rent when the next rental payment is due.
5 (c) The tenant shall not be permitted to use the provisions
6 of this section if the tenant has not commenced, in good faith,
7 the correction of the cited violations within 30 days from the
8 receipt of authorization to make repairs pursuant to section
9 603(b)(2).
10 (d) The total cost of repairs made pursuant to this section
11 in lieu of payment for rent during each six month period shall
12 not exceed an amount equal to three months periodic rent.
13 (e) In no event may a tenant repair a dwelling at the
14 expense of the landlord in lieu of payment for rent when the
15 condition complained of was caused by the deliberate or
16 negligent act of the tenant, a member of the tenant's family, or
17 other person on the premises with the tenant's consent.
18 (f) The tenant shall not be permitted to proceed under this
19 section if the tenant has, within the previous 12 months, paid
20 rent into an escrow account pursuant to section 605 of this act
21 while living in the same dwelling unit.
22 (g) This section shall not be construed as limiting the
23 tenant's right to terminate the rental agreement as provided in
24 section 601 of this act, nor shall anything in this section be
25 construed to impose upon the tenant any additional duties or
26 obligations to repair the subject dwelling other than those
27 contained in Article V of this act.
28 (h) This section shall not be construed at any time as
29 limiting the obligations of the landlord to maintain the
30 dwelling in compliance with the laws, ordinances, or rules and
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1 regulations of the Commonwealth of Pennsylvania, second class
2 county or municipality in which the dwelling is located, or with
3 section 403 of this act.
4 (i) If the local code enforcement agency gives authorization
5 to the tenant to make repairs pursuant to this section, the
6 authorization shall be construed only as a notice that the terms
7 of section 603(b)(2) have been fulfilled and the local code
8 enforcement agency, the second class county, or municipality
9 shall not be liable for damages to any person which may result
10 from the tenant's bad faith submission of the estimate, errors
11 in the estimate, or the quality of the repairs made to the
12 subject premises.
13 (j) The provisions of the act of August 24, 1963 (P.L.1175,
14 No.497), known as the "Mechanics Lien Law of 1963," shall not be
15 applicable to repairs made by the tenant pursuant to this
16 section and no lien shall be imposed upon the real property
17 contained in the rental unit.
18 Section 604. Self-Help for Defects; Emergency.--(a)(1) If
19 the landlord fails to comply with section 403, the tenant may
20 notify the appropriate local code enforcement agency and request
21 an inspection of his dwelling unit or premises.
22 (2) If the local code enforcement agency finds that there
23 are conditions at the premises that are of imminent danger to
24 the health or safety of the tenants of the dwelling which are
25 the responsibility of the landlord, the local code enforcement
26 agency shall give notice to the landlord to correct the
27 conditions within not less than 48 hours from the receipt of the
28 notice.
29 (3) The local code enforcement agency shall provide the
30 tenant with a list of violations constituting an imminent danger
19750H0600B0669 - 20 -
1 to the health or safety of the tenant. The local code
2 enforcement agency shall also give notice to the tenant
3 authorizing the tenant to proceed under subsection (b).
4 (b) If the tenant has received authorization to proceed
5 under this section by the local code enforcement agency, he or
6 she may do the following:
7 (1) The tenant shall submit to the landlord and the local
8 code enforcement agency that authorized the tenant to proceed
9 under this section an estimate listing the emergency repair work
10 to be completed and its cost. The estimate shall not include any
11 costs for repairs which are not listed as required as emergency
12 repairs by the local code enforcement agency. If the tenant will
13 be making the repairs himself, the tenant may include in the
14 estimate labor costs of up to but not more than the prevailing
15 Federal Minimum Hourly Wage Rate.
16 Included with the estimate, the tenant must submit to the
17 landlord and the local code enforcement agency a statement that
18 he or she intends to correct the cited emergency violations at
19 the expense of the landlord by deducting the cost of the repairs
20 from the rental payments.
21 (2) If the cost of the emergency repairs does not exceed the
22 total of three months periodic rent and the landlord has not
23 made a good faith effort to correct the cited emergency
24 violations within the time period prescribed by the local code
25 enforcement agency, the local code enforcement agency that
26 authorized the tenant to proceed under this section shall notify
27 the tenant and the landlord that the tenant is authorized or is
28 not authorized to make the repairs at the expense of the
29 landlord by deducting the cost of the repairs from the rental
30 payments.
19750H0600B0669 - 21 -
1 (3) If the local code enforcement agency notifies the tenant
2 that he is not authorized to make the repairs at the expense of
3 the landlord by deducting the cost of the repairs from the
4 rental payments, the tenant may submit a revised estimate
5 listing the emergency repair work to be completed, its cost, and
6 a statement that he or she intends to correct the violations at
7 the expense of the landlord by deducting the cost of the repairs
8 from the rental payments.
9 (4) After the tenant receives authorization to make repairs
10 pursuant to section 604(b)(2), then the violations listed by the
11 local code enforcement agency may be corrected by the tenant or
12 by a contractor or repairman hired by the tenant.
13 (5) After the repairs have been completed by the tenant and
14 the violations have been certified as abated by the local code
15 enforcement agency, the tenant shall deduct from his rent the
16 cost of the repairs, including labor costs, provided that the
17 tenant shall not deduct more than the total of three months
18 periodic rent.
19 (6) The tenant shall submit to the landlord a copy of the
20 receipts for the cost of the repairs made in lieu of payment for
21 rent when the next rental payment is due.
22 (c) The tenant shall not be permitted to use the provisions
23 of this section if the tenant has not commenced, in good faith,
24 the correction of the cited violations within 30 days from the
25 receipt of authorization to make repairs pursuant to section
26 604(b)(2).
27 (d) The total cost of repairs made pursuant to this section
28 in lieu of payment for rent during each six month period shall
29 not exceed an amount equal to three months periodic rent.
30 (e) In no event may a tenant repair a dwelling at the
19750H0600B0669 - 22 -
1 expense of the landlord in lieu of payment for rent when the
2 condition complained of was caused by the deliberate or
3 negligent act of the tenant, a member of the tenant's family, or
4 other person on the premises with the tenant's consent.
5 (f) This section shall not be construed as limiting the
6 tenant's right to terminate the rental agreement as provided in
7 section 601 of this act, nor shall anything in this section be
8 construed to impose upon the tenant any additional duties or
9 obligations to repair the subject dwelling other than those
10 contained in Article V.
11 (g) This section shall not be construed at any time as
12 limiting the obligations of the landlord to maintain the
13 dwelling in compliance with the laws, ordinances, or rules and
14 regulations of the Commonwealth of Pennsylvania, the second
15 class county or municipality in which the dwelling is located,
16 or with section 403.
17 (h) If the local code enforcement agency gives authorization
18 to the tenant to make repairs pursuant to this section, the
19 authorization shall be construed only as a notice that the terms
20 of section 604(b)(2) have been fulfilled and the local code
21 enforcement agency, the second class county, or municipality
22 shall not be liable for damages to any person which may result
23 from the tenant's bad faith submission of the estimate, errors
24 in the estimate, or for the quality of the repairs made to the
25 subject premises.
26 (i) The provisions of the act of August 24, 1963 (P.L.1175,
27 No.497), known as the "Mechanics Lien Law of 1963," shall not be
28 applicable to repairs made by the tenant pursuant to this
29 section.
30 Section 605. Rent Withholding.--(a) Notwithstanding any
19750H0600B0669 - 23 -
1 other provision of law, or of any agreement, whether oral or in
2 writing, whenever the Department of Public Safety, Public Health
3 Department, Department of Building Inspection, or similar entity
4 of any county of the second class or any municipality situated
5 therein, certifies a dwelling as unfit for human habitation, the
6 duty of any tenant of such dwelling to pay, and the right of the
7 landlord to collect rent shall be suspended without affecting
8 any other terms or conditions of the landlord-tenant
9 relationship, until the dwelling is certified as fit for human
10 habitation or until the tenancy is terminated for any reason
11 other than nonpayment of rent. During any period when the duty
12 to pay rent is suspended, and the tenant continues to occupy the
13 dwelling, the rent withheld shall be deposited by the tenant in
14 an escrow account in a bank or trust company approved by the
15 municipality or county as the case may be and shall be paid to
16 the landlord when the dwelling is certified as fit for human
17 habitation at any time within six months from the date on which
18 the dwelling was certified as unfit for human habitation. If, at
19 the end of six months after the certification of a dwelling as
20 unfit for human habitation, such dwelling has not been certified
21 as fit for human habitation, any moneys deposited in escrow on
22 account of continued occupancy shall be payable to the
23 depositor, except that any funds deposited in escrow may be used
24 for the purpose of making such dwelling fit for human habitation
25 and for the payment of utility services for which the landlord
26 is obligated but which he refuses or is unable to pay. No tenant
27 shall be evicted for any reason whatsoever while rent is
28 deposited in escrow.
29 (b) In no case shall the tenant proceed under this section
30 if the tenant has, within the previous six months, elected to
19750H0600B0669 - 24 -
1 proceed under section 603 and deducted from his rent more than
2 one month's rent.
3 Section 606. Deliberate or Negligent Failure to Supply Heat,
4 Water, Hot Water, or Essential Services.--(a) If contrary to the
5 rental agreement or section 403, or under applicable building or
6 housing codes, the landlord deliberately or negligently fails to
7 supply running water, hot water, heat, electricity, or other
8 essential services, the tenant or an appropriate local code
9 enforcement agency may immediately bring an action in equity in
10 the court of common pleas to secure the immediate restoration of
11 such services. Said equity action shall proceed ex parte if
12 reasonable efforts to notify the landlord have been made. Said
13 court shall give immediate attention to this action. If said
14 court finds that said services were terminated deliberately by
15 the landlord contrary to the rental agreement, section 403, or
16 other law, the court shall immediately issue a special
17 injunction requiring the landlord to restore said services
18 immediately. No bond shall be required for such injunction to
19 take effect.
20 (b) In the equity action referred to in subsection (a) where
21 the landlord's action is wilful and deliberate, the appropriate
22 county or municipal building or housing code enforcement agency
23 may also be awarded civil penalties not to exceed $500 to be
24 assessed against the landlord.
25 Section 607. Fire or Casualty Damage.--(a) If the dwelling
26 unit or premises are damaged or destroyed by fire or casualty to
27 an extent that enjoyment of the dwelling unit is substantially
28 impaired, the tenant may:
29 (1) immediately vacate the premises and notify the landlord
30 in writing within 14 days thereafter of his intention to
19750H0600B0669 - 25 -
1 terminate the rental agreement, in which case the rental
2 agreement terminates as of the date of vacating; or
3 (2) if continued occupancy is lawful, vacate any part of the
4 dwelling unit rendered unusable by the fire or casualty, in
5 which case the tenant's liability for rent is reduced in
6 proportion to the diminution in the fair rental value of the
7 dwelling unit.
8 (b) If the rental agreement is terminated, the landlord
9 shall return all of the security deposit or portion thereof
10 recoverable by law. Account for rent in the event of termination
11 or apportionment is to occur as of the date of vacating.
12 (c) This section shall not apply if the dwelling unit or
13 premises are damaged or destroyed by fire or casualty caused by
14 the deliberate or negligent act or omission of the tenant, a
15 member of his family, or other person on the premises with his
16 consent.
17 Section 608. Tenant's Remedies for Landlord's Unlawful
18 Ouster, Exclusion, or Diminution of Service.--If the landlord
19 unlawfully removes or excludes the tenant from the premises or
20 wilfully diminishes services to the tenant by interrupting or
21 causing the interruption of electric, gas, water, or other
22 essential service to the tenant, the tenant may recover
23 possession or terminate the rental agreement, and, in either
24 case, recover an amount not more than three months periodic rent
25 or the actual damages sustained by him, whichever is greater.
26 Section 609. Appeals.--(a) Appeal rights provided by a local
27 code enforcement agency and by law shall not be abrogated by
28 this article.
29 (b) In the event of an appeal by the landlord of any
30 determination of a local code enforcement agency, a tenant,
19750H0600B0669 - 26 -
1 authorized by the local code enforcement agency to proceed under
2 sections 603 and 604, may make such repairs; but in the event
3 that the determination of the local code enforcement agency is
4 overruled, tenant shall pay the amount which was deducted from
5 the rent pursuant to sections 603 and 604.
6 (c) Payment pursuant to subsection (b) shall be made to the
7 landlord within 30 days from the receipt of the notice of a
8 final determination of the appeal.
9 ARTICLE VII
10 Landlord Remedies
11 Section 701. Noncompliance with Rental Agreement; Failure to
12 Pay Rent.--(a) Except as provided in this act, if there is a
13 material noncompliance by the tenant with the rental agreement
14 or a noncompliance with section 501 materially affecting health,
15 safety, or security, the landlord may deliver a written notice
16 to the tenant specifying the acts and omissions constituting the
17 breach and that the rental agreement will terminate upon a date
18 not less than 30 days after receipt of the notice, if the breach
19 is not remedied in 14 days, and the rental agreement shall
20 terminate as provided in the notice subject to the following: If
21 the breach is remediable by repairs or the payment of damages or
22 otherwise and the tenant adequately remedies the breach prior to
23 the date specified in the notice, the rental agreement will not
24 terminate. In the absence of showing of due cause by the tenant
25 if substantially the same act or omission which constituted a
26 prior noncompliance of which notice was given recurs within six
27 months, the landlord may terminate the rental agreement upon at
28 least 14 days written notice specifying the breach and the date
29 of termination of the rental agreement.
30 (b) If rent is unpaid when due and the tenant fails to pay
19750H0600B0669 - 27 -
1 rent within 14 days after written notice by the landlord of
2 nonpayment and of his intention to terminate the rental
3 agreement if the rent is not paid within that period of time,
4 the landlord may commence an action for possession.
5 (c) Except as provided in this act, the landlord may obtain
6 injunctive relief for any material noncompliance by the tenant
7 with the rental agreement of section 501, as well as damages for
8 any noncompliance thereof.
9 Section 702. Remedy after Termination.--If the rental
10 agreement is terminated pursuant to section 701, the landlord
11 may have a claim for possession and for rent and a separate
12 claim for actual damages for breach of the rental agreement.
13 Section 703. Waiver of Landlord's Right to Terminate.--
14 Acceptance of rent over a period of time that indicates an
15 acceptance by the landlord of a variance from the terms of the
16 rental agreement or rules or regulations subsequently adopted by
17 the landlord, constitutes a waiver of his right to terminate the
18 rental agreement for that breach, unless otherwise agreed after
19 that breach has occurred.
20 ARTICLE VIII
21 Periodic Tenancy; Holdover; Abuse of Access
22 Section 801. Periodic Tenancy; Holdover Remedies.--(a) The
23 landlord or the tenant may terminate a week-to-week tenancy by a
24 written notice given to the other at least seven days prior to
25 the termination date specified in the notice.
26 (b) The landlord or the tenant may terminate a tenancy
27 longer than a week-to-week tenancy and up to and including a
28 month-to-month tenancy by a written notice given to the other at
29 least 30 days prior to the periodic rental date specified in the
30 notice.
19750H0600B0669 - 28 -
1 (c) In a tenancy of more than month-to-month, in the absence
2 of an agreement to the contrary regarding notice, 30 days'
3 notice shall be required by the landlord; no notice shall be
4 required by the tenant.
5 (d) If the tenant remains in possession without the
6 landlord's consent after expiration of the term of the rental
7 agreement or its termination, the landlord may bring an action
8 for possession; and, if the tenant's holdover is wilful and not
9 in good faith and exceeds 15 days, the landlord, in addition,
10 may recover an amount not more than three months periodic rent
11 or the actual damages sustained by him, whichever is greater. If
12 the landlord consents to the tenant's continued occupancy,
13 subsection (d) of section 301 applies.
14 ARTICLE IX
15 Retaliatory Action
16 Section 901. Retaliatory Conduct Prohibited.--(a) Except as
17 provided in this section, a landlord may not retaliate by
18 increasing rent or decreasing services agreed to in the rental
19 agreement or by bringing or threatening to bring an action for
20 possession after:
21 (1) The tenant has complained to a governmental agency
22 charged with responsibility for enforcement of a building or
23 housing code of a violation applicable to the premises
24 materially affecting health and safety or security.
25 (2) The tenant has joined or otherwise become involved with
26 a tenant organization.
27 (b) Notwithstanding subsection (a), a landlord may bring an
28 action for possession if:
29 (1) the violation of the applicable building or housing code
30 was caused primarily by lack of reasonable care by the tenant or
19750H0600B0669 - 29 -
1 other person in his household or upon the premises with his
2 consent; or
3 (2) the tenant is in default in rent; or
4 (3) compliance with the applicable building or housing code
5 requires alteration or remodeling which would effectively
6 deprive the tenant of the use of the dwelling unit. A detailed
7 description of the work that is planned together with a
8 timetable for completion must be submitted in writing to the
9 local building or housing code enforcement agency before the
10 action for possession will be permitted.
11 The maintenance of the action for possession does not release
12 the landlord from liability under section 601(b).
13 ARTICLE X
14 Summary Proceedings for Possession
15 Section 1001. Jurisdiction and Venue.--Summary proceedings
16 to recover the possession of real property may be brought before
17 a justice of the peace in the magisterial district where the
18 real property possession of which is sought to be recovered is
19 located.
20 Section 1002. Grounds for Summary Proceedings.--A summary
21 proceeding to recover the possession of real property may be
22 maintained on one or more of the following grounds:
23 (1) The tenant unlawfully continues in possession of any
24 part of the premises after the expiration of the rental
25 agreement without the permission of the landlord or, where a new
26 tenant is entitled to possession, without the permission of the
27 new tenant.
28 (2) The tenant unlawfully continues in possession of any
29 part of the premises after termination of the rental agreement
30 pursuant to section 701(a) or 701(b).
19750H0600B0669 - 30 -
1 (3) The defendant has wrongfully ousted the petitioner, who
2 is the rightful tenant of the rental unit.
3 (4) The landlord sues to gain possession of the premises to
4 alter or remodel the premises pursuant to section 901(c)(3).
5 Section 1003. Who May Maintain Proceeding.--(a) The
6 proceeding may be initiated by:
7 (1) The landlord or his duly authorized agent.
8 (2) The tenant or his duly authorized agent who has been
9 wrongfully put out or kept out.
10 (3) The next tenant of the premises whose term has begun, or
11 his duly authorized agent.
12 (4) The mortgagee in possession or his duly authorized
13 agent.
14 (b) Pursuant to this section, an agent's authority must be
15 in writing, signed by his principal.
16 Section 1004. Tenant's Duty to Pay Rent.--(a) When an action
17 for recovery of possession of real property is commenced
18 pursuant to section 1001 and the tenant continues to occupy the
19 premises, the tenant shall on or before the last day of the
20 month following commencement of the action, and on or before the
21 last day of each month thereafter in which he continues to
22 occupy the premises, deposit with the justice of the peace
23 before whom the action was commenced the periodic rental payment
24 for that month.
25 (b) In lieu of the rental payment, the justice of the peace
26 shall accept a receipt issued to the tenant by the landlord
27 showing that the rental payment for the month was made to the
28 landlord, or if the property is on rent withholding pursuant to
29 section 605, a receipt from the escrow agent showing that the
30 rental payment for the month was withheld and deposited in the
19750H0600B0669 - 31 -
1 appropriate escrow account.
2 (c) If there is a dispute over the amount of the monthly
3 rental payment, the tenant shall deposit only the monthly rental
4 payment which he claims is due unless the justice of the peace
5 determines after notice and hearing that a greater rental
6 payment is due.
7 (d) The justice of the peace shall attach to the complaint
8 which is to be served on the tenant a separate notice clearly
9 advising the tenant of his obligations to make the rental
10 payments pursuant to this section 1004 and of the consequences
11 of his failure to do so.
12 (e) If there is no dispute over the amount of rent which is
13 owing, the landlord may obtain from the justice of the peace
14 rental payments deposited by the tenant as soon as they are
15 deposited. If there is a dispute over the amount of the monthly
16 rental payments, the landlord may obtain from the justice of the
17 peace only the amount of rent which the tenant claims is due.
18 Any remaining deposits shall be held by the justice of the peace
19 until the relevant proceedings, including appeals, are
20 terminated.
21 (f) Deposits of the monthly rental payments as provided
22 above shall operate as a supersedeas in any appeal or certiorari
23 proceedings involving judgments for the possession of real
24 property.
25 Section 1005. Special Order for Possession.--If the tenant
26 has failed to make rental deposits with the justice of the peace
27 as required by section 1004, upon request of the plaintiff, the
28 justice of the peace shall immediately issue a special order for
29 possession and shall deliver it for service and execution to the
30 appropriate executing officer. Five days after service of said
19750H0600B0669 - 32 -
1 order of possession on the tenant, the executing officer shall
2 eject the tenant and deliver possession of the real property to
3 the plaintiff, provided, however, that if at any time before
4 actual delivery of the real property is made in execution of the
5 order for possession, the tenant establishes that the rent due
6 under section 1004 has been paid or pays the justice of the
7 peace or executing officer the rent due pursuant to section 1004
8 and the costs of the proceedings, the special order for
9 possession shall be withdrawn.
10 Section 1006. Stay of Order for Possession.--(a) Except as
11 provided by section 1006(b), the special order for possession
12 referred to in section 1005, is in addition to any other rights
13 which the plaintiff has under law and rules of court and nothing
14 herein shall preclude the plaintiff from obtaining an order for
15 possession as provided by the existing law and rules of court.
16 (b) When a tenant who is making regular rental deposits with
17 the justice of the peace as required by section 1004 is served
18 with an order for possession requiring vacation of the premises,
19 the justice of the peace, at the request of the tenant and upon
20 a showing that the tenant is making a good faith effort to
21 locate other premises, may permit the tenant to occupy the
22 premises for an additional time period not to exceed 60 days
23 provided that the tenant continues to make regular rental
24 deposits with the justice of the peace as required by section
25 1004. If the tenant continues to occupy the rental premises and
26 fails to make timely rental deposits, the justice of the peace
27 shall issue an order directing the officer executing the order
28 for possession to give the tenant immediate notice that the
29 premises are to be vacated within five days and to deliver the
30 premises to the landlord at the expiration of the five day
19750H0600B0669 - 33 -
1 period.
2 Section 1007. Procedure Before Justice of the Peace.--The
3 procedure before a justice of the peace for the recovery of
4 possession of real property, and appeals therefrom, unless
5 inconsistent with this article, shall be governed by the
6 Pennsylvania Rules of Civil Procedure Governing Actions before
7 Justices of the Peace.
8 ARTICLE XI
9 Policy and Procedure
10 Section 1101. Powers of Local Agencies.--Local code
11 enforcement agencies may adopt rules, regulations and procedures
12 which implement the provisions of this act.
13 ARTICLE XII
14 Repeals and Effective Date
15 Section 1201. Application.--This act applies to rental
16 agreements entered into or extended after the effective date of
17 this act.
18 Section 1202. Repeals.--The following acts and parts of acts
19 in so far as they relate to the second class counties, are
20 hereby repealed in so far as they relate to leased dwelling
21 units covered by this act:
22 (1) The act of April 6, 1951 (P.L.69, No.20), known as "The
23 Landlord and Tenant Act of 1951." (Except those sections
24 relating to security deposits.)
25 (2) The act of January 24, 1966 (P.L.1534, No.536),
26 entitled, as amended, "An act providing for the suspension of
27 the duty to pay rent for dwellings certified to be unfit for
28 human habitation in cities and providing for the withholding and
29 disposition of shelter allowances."
30 (3) All acts or parts of acts heretofore enacted are
19750H0600B0669 - 34 -
1 repealed in so far as such acts conflict or are inconsistent
2 with the provisions in this act.
3 Section 1203. Savings Clause.--Transactions entered into
4 before the effective date of this act, and not extended or
5 renewed after that date, and the rights, duties, and interests
6 flowing from them remain valid and may be terminated, completed,
7 consummated, or enforced as required or permitted by any statute
8 or other law amended or repealed by this act as though the
9 repeal or amendment had not occurred.
10 Section 1204. Effective Date.--This act shall take effect in
11 six months from the date of passage.
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