PRIOR PRINTER'S NO. 1902 PRINTER'S NO. 2652
No. 1571 Session of 1975
INTRODUCED BY MESSRS. ROMANELLI, IRVIS, BENNETT, FINEMAN,
SCHMITT, PRATT AND HALVERSON, JULY 1, 1975
AS REPORTED FROM COMMITTEE ON BUSINESS AND COMMERCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 27, 1976
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," providing for a warranty of habitability
6 to be deemed a part of every written or parol license, lease
7 or rental agreement; establishing standards for minimum
8 living conditions to be provided by licensors and landlords
9 and providing for injunctive relief for violations of the
10 provisions of this act.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 102, act of April 6, 1951 (P.L.69, No.20)
14 known as "The Landlord and Tenant Act of 1951," is amended by
15 adding a clause to read:
16 Section 102. Definitions.--As used in this act.--
17 * * *
18 (5) "Residential premises" shall mean any apartment or
19 dwelling place occupied by any person other than the owner and
20 used primarily as living quarters.
21 Section 2. The act is amended by adding sections to read:
1 Section 205. Maintenance Responsibilities.--(a)
2 Notwithstanding any other provision of law, in every lease or
3 license of residential premises, whether in writing or in parol,
4 the landlord or licensor, shall be deemed to convenant as a
5 matter of law:
6 (1) To maintain the premises in such manner as to comply
7 with all STATE and/or local codes, statutes, ordinances and/or <--
8 regulations governing the premises' maintenance, operation, use
9 and/or security.
10 (2) To make all required repairs promptly, and to do
11 whatever else that may be necessary to put and keep DELIVER AND <--
12 THEREAFTER MAINTAIN the premises in a fit and habitable
13 condition, including but not limited to:
14 (i) Maintaining the roof, windows, screens, doors,
15 floors, steps, porches, exterior and interior walls,
16 CEILINGS, foundations, and all other structural components of <--
17 the premises in good repair.
18 (ii) Maintain all common areas of the premises in a safe
19 and clean condition.
20 (iii) Maintain, in good working order and safe
21 condition, all electrical, plumbing, sanitary, heating, water
22 heating, air conditioning, ventilating, elevator and security
23 systems, and all other facilities, appliances, and services
24 supplied or required to be supplied by the landlord or
25 licensure. LICENSOR. <--
26 (iv) Maintain adequate extermination services to insure
27 that the premises are REASONABLY free from insects, rodents <--
28 and other pests. except in single family and multi-family <--
29 units where infestation exists in only one unit.
30 (3) To provide and maintain:
19750H1571B2652 - 2 -
1 (i) Facilities capable of supplying the tenant running
2 hot and cold water and reasonable heat to a minimum
3 temperature of 68 F throughout the dwelling unit.
4 (ii) Appropriate AND SUFFICIENT receptacles and <--
5 conveniences in common areas for the deposit and removal of
6 ashes, garbage, rubbish and other waste incidental to the
7 occupancy of the premises.
8 (4) To supply running hot and cold water and reasonable heat
9 to a minimum temperature of 68 F throughout the dwelling unit,
10 and bear the cost of supplying same, unless otherwise provided
11 for by lease.
12 (b) The landlord or licensor and tenant or licensee of a
13 single family residence may agree in writing that the tenant or
14 licensee perform the duty of the landlord or licensor specified
15 in subsection (a)(3)(iii). (II). <--
16 (C) IF THE DUTY IMPOSED BY SUBSECTION (A)(1) IS GREATER THAN
17 ANY DUTY IMPOSED BY ANY OTHER PARAGRAPH OF SUBSECTION (A), THE
18 DUTY OF THE LANDLORD OR LICENSOR SHALL BE DETERMINED BY
19 REFERENCE TO CLAUSE (1).
20 Section 206. Landlord Licensor Designation Required.--(a)
21 The landlord or licensor shall designate to the tenant or
22 licensee the name and address of a person who resides in the
23 county in which the premises are located who is authorized to
24 receive notices and demands from the tenant or licensee and upon
25 whom service of process may be made. If the landlord or licensor
26 is an individual person residing in the county in which the
27 premises are located, then the landlord or licensor may
28 designate himself for such purposes. If the landlord or licensor
29 fails to designate any person, process may be served upon the
30 Secretary of the Commonwealth, but service upon the Secretary of
19750H1571B2652 - 3 -
1 the Commonwealth is not effective unless a copy of the process
2 or pleading is mailed to the landlord or licensor or the person
3 to whom the rental payments are made at their last known
4 address, if any such address has been made known by such party
5 to the tenant or licensee.
6 (b) The designation required by subsection (a) shall be made
7 by including notice of the designation in a written rental
8 agreement or by providing separate written notice of the
9 designation to the tenant or licensee and shall be made before
10 the commencement of the tenancy or license. A landlord or
11 licensor may change the name or address of the person designated
12 pursuant to subsection (a) by providing written notice of the
13 change of name or address to the tenant or licensee. The change
14 shall become effective upon the tenant's or licensee's receipt
15 of such written notice.
16 Section 207. Injunctive Relief and Setoff.--A tenant or
17 licensee may recover damages and obtain injunctive relief for
18 any material non-compliance with this act by the landlord or
19 licensor. Violation of the warranty of habitability may be <--
20 raised as a defense or partial defense to any action for non-
21 payment of rent. SHALL CONSTITUTE A DEFENSE OR PARTIAL DEFENSE <--
22 TO ANY ACTION OR COUNTERCLAIM ARISING OUT OF THE TENANCY BROUGHT
23 BY THE LANDLORD OR LICENSOR AGAINST THE TENANT OR LICENSEE.
24 Section 208. Tenant Responsible.--In no event shall a
25 landlord or licensor be responsible to the tenant or licensee
26 for any condition created or caused by the willful, or
27 negligent, or malicious act of the tenant or licensee, a member
28 of his family, or other person on the premises with the tenant's
29 consent.
30 Section 209. Waiver Void.--Any attempted waiver by a tenant
19750H1571B2652 - 4 -
1 or licensee of this act or any portion thereof, whether by
2 contract or otherwise, shall be void and unenforceable.
3 Section 3. This act shall take effect immediately.
F24L11RZ/19750H1571B2652 - 5 -