PRINTER'S NO. 3224
No. 2329 Session of 1986
INTRODUCED BY AFFLERBACH, PRESSMANN, D. W. SNYDER, SEMMEL,
RYBAK, HALUSKA, MRKONIC, CALTAGIRONE, STABACK, TRELLO, VEON,
LASHINGER, NOYE, ANGSTADT, PHILLIPS, J. L. WRIGHT AND FARGO,
APRIL 9, 1986
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, APRIL 9, 1986
AN ACT
1 Amending Title 68 (Real and Personal Property) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to landlord and tenant; making conforming amendments
4 to Title 42; and making repeals.
5 TABLE OF CONTENTS
6 TITLE 68
7 REAL AND PERSONAL PROPERTY
8 PART II. REAL PROPERTY
9 SUBPART C. LANDLORD AND TENANT
10 Chapter 37. Landlord and Tenant in General
11 Subchapter A. Preliminary Provisions
12 § 3701. Short title of chapter.
13 § 3702. Definitions.
14 § 3703. Provisions excluded from chapter.
15 § 3704. Rights and duties of other persons.
16 Subchapter B. Creation of Leases and Mortgaging of Leaseholds
17 § 3711. Lease not exceeding three years.
18 § 3712. Lease exceeding three years.
1 § 3713. Recording lease, sublease, agreement or memorandum.
2 § 3714. Mortgaging of leaseholds.
3 § 3715. Participation in tenants' association.
4 § 3716. Suspension of rent when dwelling unfit for habitation.
5 Subchapter C. Recovery of Rent
6 § 3721. Recovery of rent by assumpsit.
7 § 3722. Distraint for rent.
8 § 3723. Collection of rent in special cases.
9 § 3724. Collection of rent by purchasers at judicial sales.
10 § 3725. Distress of property fraudulently removed.
11 § 3726. Replevin by tenant or owner.
12 § 3727. Proceeding by tenant to determine setoff.
13 § 3728. Appraisement of property distrained upon.
14 § 3729. Sale of property.
15 § 3730. Rights of purchasers of growing agricultural crops.
16 § 3731. Damages for removal of property distrained upon.
17 § 3732. Remedy in cases of improper distress.
18 § 3733. Remedy where distress and sale made and no rent due.
19 § 3734. Stay of distress sale pending execution or bankruptcy
20 sale.
21 § 3735. Preference of landlord in proceeds of execution.
22 Subchapter D. Exemptions from Distress and Sale
23 § 3741. General monetary exemption.
24 § 3742. Exemption of particular property.
25 § 3743. Exemption of secured property on premises.
26 § 3744. Exemption of other property on premises.
27 Subchapter E. Recovery of Possession
28 § 3751. Notice to quit.
29 § 3752. Remedy to recover possession by ejectment preserved.
30 Subchapter F. Security Deposits
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1 § 3761. Limitation on amount of security deposit.
2 § 3762. Deposit of funds in escrow account.
3 § 3763. Bond by landlord in lieu of escrow.
4 § 3764. Return of security deposit.
5 Subchapter G. Tenement Buildings and Multiple Dwelling
6 Premises
7 § 3771. Definitions.
8 § 3772. Duties of landlord.
9 § 3773. Duties of tenant.
10 § 3774. Rights of tenant.
11 Chapter 39. Discontinuance of Utility Service to Leased
12 Premises
13 § 3901. Short title of chapter.
14 § 3902. Definitions.
15 § 3903. Notices before service to landlord ratepayer
16 discontinued.
17 § 3904. Contents and delivery of discontinuance notice to
18 landlord ratepayer.
19 § 3905. Duty of landlord ratepayer to identify tenants.
20 § 3906. Contents and delivery of first discontinuance notice to
21 tenants.
22 § 3907. Right of tenant to continued service.
23 § 3908. Contents and delivery of subsequent discontinuance
24 notices to tenants.
25 § 3909. Right of tenant to recover payments.
26 § 3910. Retaliation by landlord ratepayer prohibited.
27 § 3911. Waiver of rights prohibited.
28 § 3912. Enforcement by Attorney General.
29 § 3913. Assurances of voluntary compliance.
30 § 3914. Restraining prohibited acts.
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1 § 3915. Penalties.
2 Chapter 41. Mobile Home Parks
3 § 4101. Short title of chapter.
4 § 4102. Definitions.
5 § 4103. Evictions.
6 § 4104. Park rules and regulations.
7 § 4105. Disclosure of fees and charges.
8 § 4106. Entrance and exit fees.
9 § 4107. Installation and removal fees.
10 § 4108. Fees for overnight guests or visitors.
11 § 4109. Improvements and installation of appliances.
12 § 4110. Underskirting and tie-down equipment.
13 § 4111. Sale of mobile homes.
14 § 4112. Retaliatory evictions prohibited.
15 § 4113. Waiver of rights and duties prohibited.
16 § 4114. Enforcement by Attorney General.
17 § 4115. Restraining prohibited acts.
18 § 4116. Damages for violation of rights.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Part II of Title 68 of the Pennsylvania
22 Consolidated Statutes is amended by adding a subpart to read:
23 PART II
24 REAL PROPERTY
25 Subpart
26 C. Landlord and Tenant
27 SUBPART C
28 LANDLORD AND TENANT
29 Chapter
30 37. Landlord and Tenant in General
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1 39. Discontinuance of Utility Service to Leased Premises
2 41. Mobile Home Parks
3 CHAPTER 37
4 LANDLORD AND TENANT
5 Subchapter
6 A. Preliminary Provisions
7 B. Creation of Leases and Mortgaging of Leaseholds
8 C. Recovery of Rent
9 D. Exemptions from Distress and Sale
10 E. Recovery of Possession
11 F. Security Deposits
12 G. Tenement Buildings and Multiple Dwelling Premises
13 SUBCHAPTER A
14 PRELIMINARY PROVISIONS
15 Sec.
16 3701. Short title of chapter.
17 3702. Definitions.
18 3703. Provisions excluded from chapter.
19 3704. Rights and duties of other persons.
20 § 3701. Short title of chapter.
21 This chapter shall be known and may be cited as the Landlord
22 and Tenant Act.
23 § 3702. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Constable." Includes a landlord and tenant officer of the
28 Philadelphia Municipal Court.
29 "District justice." Includes a district justice and any
30 other member of the minor judiciary having jurisdiction over
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1 landlord and tenant matters.
2 "Person." Includes a natural person, partnership,
3 association, private or public corporation, authority,
4 fiduciary, the United States and any other country and their
5 respective governmental agencies, the Commonwealth and any other
6 state and their respective political subdivisions and agencies.
7 "Personal property." Includes goods and chattels, including
8 fixtures and buildings erected by the tenant and which he has
9 the right to remove, agricultural crops, whether harvested or
10 growing, and livestock and poultry.
11 "Real property." Includes messuages, lands, tenements, real
12 estate, buildings, parts thereof or any estate or interest
13 therein. The term includes any personalty on real property which
14 is demised with the real property.
15 "Tenants' organization or association." A group of tenants
16 organized for any purpose directly related to their rights or
17 duties as tenants.
18 § 3703. Provisions excluded from chapter.
19 Except where specifically provided for in this chapter, this
20 chapter shall not be construed to include or in any manner
21 repeal or modify any existing law:
22 (1) Providing for preference of rent in cases of
23 insolvency and assignment for the benefit of creditors and in
24 bankruptcy proceedings.
25 (2) Providing for preference of rent in the settlement
26 of estates of decedents.
27 (3) Fixing the liability of the tenant to pay taxes
28 assessed against real property occupied by him and permitting
29 the tenant to recover the amount of the tax so paid from the
30 landlord or to defalcate such amount against rent due or
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1 becoming due.
2 (4) Fixing fees of district justices, sheriffs or
3 constables in any proceedings affecting the relationship of
4 landlord and tenant.
5 § 3704. Rights and duties of other persons.
6 (a) Heirs and purchasers.--A person who acquires title to
7 real property by descent or purchase shall be liable to the same
8 duties and shall have the same rights, powers and remedies in
9 relation to the property as the person from whom title was
10 acquired.
11 (b) Sublessees.--A person who is a sublessee shall be
12 subject to the provisions of the lease between the lessor and
13 the lessee.
14 SUBCHAPTER B
15 CREATION OF LEASES AND MORTGAGING OF LEASEHOLDS
16 Sec.
17 3711. Lease not exceeding three years.
18 3712. Lease exceeding three years.
19 3713. Recording lease, sublease, agreement or memorandum.
20 3714. Mortgaging of leaseholds.
21 3715. Participation in tenants' association.
22 3716. Suspension of rent when dwelling unfit for habitation.
23 § 3711. Lease not exceeding three years.
24 Real property, including any personal property thereon, may
25 be leased for a term of not more than three years by a landlord
26 or his agent to a tenant or his agent by oral or written
27 contract or agreement.
28 § 3712. Lease exceeding three years.
29 (a) General rule.--Real property, including any personal
30 property thereon, may be leased for a term of more than three
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1 years by a landlord to a tenant or by their respective agents
2 lawfully authorized in writing. The lease must be in writing and
3 signed by the parties making or creating the lease.
4 (b) Effect of absence of writing.--A lease under subsection
5 (a) not in writing shall have the effect of a lease at will only
6 and shall not be given any greater force or effect either in law
7 or equity, notwithstanding any consideration therefor, unless
8 the tenancy has continued for more than one year and the
9 landlord and tenant have recognized its rightful existence by
10 claiming and admitting liability for the rent, in which case the
11 tenancy shall become one from year to year.
12 (c) Assignment, grant or surrender of lease.--A lease of
13 real property made or created for a term of more than three
14 years shall not be assigned, granted or surrendered except in
15 writing signed by the party assigning, granting or surrendering
16 the lease or his agent unless the assigning, granting or
17 surrendering results from operation of law.
18 § 3713. Recording lease, sublease, agreement or memorandum.
19 (a) General rule.--A lease or sublease or agreement to lease
20 or sublease, acknowledged according to law by the lessor, may,
21 but need not unless otherwise required by law, be recorded in
22 the office for the recording of deeds in the county or counties
23 wherein are situate the premises thereby leased or to be leased.
24 (b) Recording memorandum.--In lieu of the recording of the
25 lease, sublease or agreement, there may be recorded in the
26 office a memorandum thereof, executed by all persons who are
27 parties to the lease, sublease or agreement and acknowledged
28 according to law by the lessor, containing at least the
29 following information with respect to the lease, sublease or
30 agreement:
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1 (1) The name of the lessor in the lease, sublease or
2 agreement.
3 (2) The name of the lessee in the lease, sublease or
4 agreement.
5 (3) The addresses, if any, set forth in the lease,
6 sublease or agreement as addresses of the parties.
7 (4) A reference to the date of the lease, sublease or
8 agreement.
9 (5) The description of the demised premises in the form
10 set forth in the lease, sublease or agreement.
11 (6) The date of commencement of the term of the lease
12 or, if not a fixed date, the full provision or provisions
13 thereof pursuant to which the date of commencement is to be
14 fixed.
15 (7) The term of the lease.
16 (8) If the lessee has a right of extension or renewal,
17 the date of expiration of the final period for which that
18 right is given.
19 (9) If the lessee has a right of purchase of or refusal
20 on the demised premises or any part thereof, a statement of
21 the term during which that right is exercisable.
22 (c) Indexing recorded document.--A recorded lease, sublease,
23 agreement or memorandum shall be indexed by the recording
24 officer in the grantor index against the lessor named in the
25 lease, sublease, agreement or memorandum and in the grantee
26 index against the lessee named in the lease, sublease, agreement
27 or memorandum.
28 (d) Recording memorandum as compliance with other laws.--The
29 recording of a memorandum shall constitute full compliance with
30 the provisions of any statute requiring or permitting the
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1 recording of leases or subleases or agreements to lease or
2 sublease in connection with the mortgaging or assignment
3 thereof.
4 (e) Recording as constructive notice.--The recording of a
5 lease, sublease, agreement or memorandum in accordance with this
6 section shall constitute constructive notice to subsequent
7 purchasers, mortgagees and judgment creditors of the lessor of
8 the making and provisions of the lease, sublease or agreement,
9 including any purchase or refusal provisions set forth in the
10 lease, sublease or agreement.
11 (f) Other laws unaffected.--This section shall not be
12 construed as derogating from any actual or constructive notice
13 which would be effective under existing law of the making or
14 provisions of any present or future lease, sublease or
15 agreement.
16 § 3714. Mortgaging of leaseholds.
17 (a) General rule.--A tenant of real property may mortgage
18 his lease or term in the demised premises, together with all
19 buildings, fixtures and machinery thereon and appurtenant
20 thereto belonging to the tenant, except as otherwise limited or
21 prohibited by the terms of the lease.
22 (b) Effect of mortgage.--The mortgaging of the tenant's
23 interest and title shall have the same effect with respect to
24 lien, notice, evidence and priority of payment as is provided by
25 law in the case of the mortgaging of a freehold interest and
26 title. The mortgage of a tenant's interest and title may be
27 enforced in the same manner as mortgages on freehold interests.
28 The mortgage shall not in any way interfere with the landlord's
29 rights, priority or remedies for rent.
30 (c) Recording mortgage.--The mortgage shall be acknowledged
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1 and placed on record in the proper county, together with the
2 lease or a memorandum thereof complying with section 3713
3 (relating to recording lease, sublease, agreement or
4 memorandum), as in the case of mortgages on freehold interests.
5 If the lease or memorandum thereof is recorded in the office of
6 the recorder of deeds of the proper county before the time of
7 the recording of the mortgage in lieu of being recorded together
8 with the mortgage, the recording of the lease or memorandum
9 shall be deemed sufficient compliance with this section if full
10 and distinct reference is made in the mortgage to the book and
11 page where the lease or memorandum is recorded or the date of
12 recording and instrument number or other identifying number with
13 respect to the recording of the lease or memorandum.
14 (d) Definitions.--As used in this section the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Lease." As applied to a mortgage made by a subtenant means
18 sublease.
19 "Tenant." Includes a subtenant holding under a sublease from
20 a tenant under a prime lease from the owner or from a subtenant
21 under a sublease provided that the prime lease and the
22 intervening subleases, if any, or memoranda thereof complying
23 with section 3713 are recorded in the office of the recorder of
24 deeds of the proper county at or before the time of recording of
25 the sublease to the subtenant.
26 § 3715. Participation in tenants' association.
27 An individual unit lease on residential property shall not be
28 terminated or nonrenewed on the basis of the participation of
29 any tenant or member of the tenant's family in a tenants'
30 organization or association.
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1 § 3716. Suspension of rent when dwelling unfit for habitation.
2 (a) General rule.--Notwithstanding any other provision of
3 law or of any agreement, whether oral or in writing, whenever
4 the department of licenses and inspections of any city of the
5 first class, or the department of public safety of any city of
6 the second class, second class A or third class, as the case may
7 be, or any public health department of any city or of the county
8 in which the city is located, certifies a dwelling as unfit for
9 human habitation, the duty of any tenant of the dwelling to pay,
10 and the right of the landlord to collect, rent shall be
11 suspended, without affecting any other terms or conditions of
12 the landlord-tenant relationship, until the dwelling is
13 certified as fit for human habitation or until the tenancy is
14 terminated for any reason other than nonpayment of rent.
15 (b) Depositing rent in escrow account.--During any period
16 when the duty to pay rent is suspended and the tenant continues
17 to occupy the dwelling, the rent withheld shall be deposited by
18 the tenant in an escrow account in a bank or trust company
19 approved by the city or county, as the case may be. The
20 certifying agency or department shall submit by first class mail
21 to the landlord affected a monthly statement of escrowed funds.
22 (c) Disposition of escrowed funds.--The moneys in escrow
23 shall be paid to the landlord when the dwelling is certified as
24 fit for human habitation at any time within six months from the
25 date on which the dwelling was certified as unfit for human
26 habitation. If, at the end of six months after the certification
27 of a dwelling as unfit for human habitation, the dwelling has
28 not been certified as fit for human habitation, any moneys
29 deposited in escrow on account of continued occupancy shall be
30 payable to the depositor. Funds deposited in escrow may be used
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1 for the purpose of making the dwelling fit for human habitation
2 and for the payment of utility services for which the landlord
3 is obligated but which he refuses or is unable to pay.
4 (d) Eviction prohibited.--A tenant may not evicted for any
5 reason whatsoever while rent is deposited in escrow.
6 SUBCHAPTER C
7 RECOVERY OF RENT
8 Sec.
9 3721. Recovery of rent by assumpsit.
10 3722. Distraint for rent.
11 3723. Collection of rent in special cases.
12 3724. Collection of rent by purchasers at judicial sales.
13 3725. Distress of property fraudulently removed.
14 3726. Replevin by tenant or owner.
15 3727. Proceeding by tenant to determine setoff.
16 3728. Appraisement of property distrained upon.
17 3729. Sale of property.
18 3730. Rights of purchasers of growing agricultural crops.
19 3731. Damages for removal of property distrained upon.
20 3732. Remedy in cases of improper distress.
21 3733. Remedy where distress and sale made and no rent due.
22 3734. Stay of distress sale pending execution or bankruptcy
23 sale.
24 3735. Preference of landlord in proceeds of execution.
25 § 3721. Recovery of rent by assumpsit.
26 A landlord may recover from a tenant rent in arrears in an
27 action of assumpsit as debts of similar amount are by law
28 recoverable. In the action, interest at the legal rate on the
29 amount of rent due may be allowed if deemed equitable under the
30 circumstances of the particular case.
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1 § 3722. Distraint for rent.
2 (a) General rule.--Personal property located upon premises
3 occupied by a tenant shall, unless exempted by Subchapter D
4 (relating to exemptions from distress and sale), be subject to
5 distress for any rent reserved and due. The distress may be made
6 by the landlord or by his agent duly authorized thereto in
7 writing. The distress may be made on any day, except Sunday,
8 between the hours of 7 a.m. and 7 p.m. and not at any other time
9 except where the tenant through his actions prevents the
10 execution of the warrant during those hours.
11 (b) Notice.--Notice in writing of the distress, stating the
12 cause of the taking and specifying the date of levy and the
13 personal property distrained sufficiently to inform the tenant
14 or owner what personal property is distrained and the amount of
15 rent in arrears, shall be given, within five days after making
16 the distress, to the tenant and any other owner known to the
17 landlord, personally or by mailing the notice to the tenant or
18 any other owner at the premises or by posting the notice
19 conspicuously on the premises charged with the rent.
20 (c) Availability of remedy for terminated lease.--A landlord
21 or his agent may also, in the manner provided in this section,
22 distrain personal property located on the premises, but only
23 that belonging to the tenant, for arrears of rent due on any
24 lease which has ended and terminated if the distress is made
25 during the continuance of the landlord's title or interest in
26 the property.
27 § 3723. Collection of rent in special cases.
28 (a) General rule.--The following persons may collect all
29 rent due by assumpsit or by distraint on personal property
30 located on the real property subject to the rent:
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1 (1) The owner of a ground rent.
2 (2) The personal representative of a deceased landlord
3 or deceased tenant for life who has demised the real property
4 subject to his estate or a deceased landlord whose real
5 property has escheated to the Commonwealth, whether the rent
6 accrued prior to or after the death of the decedent and until
7 the termination of the administration of the estate.
8 (3) The escheator appointed for the purpose of
9 collecting rents.
10 (4) The spouse of a deceased landlord to whom real
11 property has been set aside as his allowance by law.
12 (5) A widow who is the party named in a deed, agreement
13 or decree of court under which a charge is made upon such
14 real estate for the payment of installments of dower.
15 (b) Status of authorized persons.--A person given the right
16 by this section to collect and distrain for rent shall be deemed
17 to be a landlord for the purposes of this subchapter.
18 § 3724. Collection of rent by purchasers at judicial sales.
19 (a) General rule.--In the case of a tenant whose right of
20 possession is not paramount to that of the purchaser at a
21 sheriff's or other judicial sale, the purchasers shall have the
22 right as a landlord to collect by assumpsit or to distrain for
23 rent from the date of the acknowledgment of his deed, except for
24 such fractional part of a quarter as the tenant if a farmer or
25 one engaged in raising crops or produce, or such fractional part
26 of a month in other cases, as the tenant may, in accordance with
27 the terms of his letting, have paid as an advance payment prior
28 to the date of the acknowledgment of the deed. In the case of a
29 tenant whose right of possession is paramount to that of the
30 purchaser, advance rent paid prior to the date of acknowledgment
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1 of the purchaser's deed shall be deemed properly paid though
2 paid prior to its due date unless it is paid with the actual
3 notice of the pendency of the proceedings resulting in the sale
4 or with intent to defeat the rights of a purchaser thereat.
5 (b) Determining paramount right of possession.--The right of
6 possession of a tenant for years shall not be deemed paramount
7 to that of a purchaser at a tax sale. The right of possession of
8 a tenant shall be deemed paramount to that of a purchaser at a
9 judicial sale if and only if the letting to him precedes in
10 point of date the entry of the judgment, order or decree on
11 which the sale was had and also precedes the recording or
12 registering of the mortgage, deed or will, if any, through which
13 by legal proceedings the purchaser derives title, and shall not
14 be paramount if the letting is made with actual notice to the
15 tenant of the contemplated entry of the judgment, order or
16 decree or of the fact of the execution of the mortgage, deed or
17 other instrument of writing and with intent to avoid the effect
18 thereof.
19 § 3725. Distress of property fraudulently removed.
20 In case a tenant of real property fraudulently or
21 clandestinely removes from the demised premises his personal
22 property with intent to prevent the landlord from distraining
23 the property for arrears of rent, it is lawful for the landlord
24 or his agent, within the space of 30 days next ensuing the
25 removal, to take and seize the personal property, wherever the
26 property may be found, in distress for the arrears of rent and
27 to proceed to sell the property, as provided in this subchapter,
28 as if the personal property had actually been distrained upon on
29 the demised premises.
30 § 3726. Replevin by tenant or owner.
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1 The tenant or owner of any personal property distrained on
2 may, within the five days next after notice of the distress,
3 replevy the property. All proceedings in replevin shall be
4 conducted in accordance with general law and applicable rules of
5 procedure governing actions of replevin.
6 § 3727. Proceeding by tenant to determine setoff.
7 (a) General rule.--A court of record or court not of record
8 having jurisdiction in civil actions at law may entertain an
9 action to defalcate by a tenant against a landlord where the
10 landlord has distrained for arrears of rent to compel the
11 landlord to set off any account which the tenant may have
12 against the landlord. A court shall not entertain the action
13 where the rent or setoff claimed is in excess of its civil
14 jurisdiction. The proceedings in these actions shall be the same
15 as in actions of assumpsit.
16 (b) Entry of judgment.--The court shall determine the amount
17 of rent in arrears and the amount of the setoff, if any, and
18 enter judgment in favor of the proper party for the balance due.
19 (c) Enforcement of judgment.--If the judgment is in favor of
20 the landlord, he may, in lieu of issuing execution thereon,
21 proceed with his distress for the amount of the judgment. If the
22 landlord sells more personal property than necessary to satisfy
23 the judgment and costs and fails to pay the overplus to the
24 tenant, the landlord shall be liable in trespass to double the
25 amount of the sum so detained, together with the costs of suit.
26 If the landlord proceeds to sell any personal property after
27 notice of the proceeding to defalcate and before judgment in his
28 favor thereon, he shall be liable in trespass to double the
29 amount by which the sum realized from the sale exceeds the sum
30 to which he is found to be entitled by the final judgment in the
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1 defalcation proceeding, together with the costs of suit in the
2 defalcation proceeding, if the judgment is in his favor.
3 (d) Satisfaction of judgment.--If the landlord proceeds with
4 the distress, he shall satisfy the judgment to the extent of the
5 amount realized on the sale, less the costs of the distress, or,
6 on his failure to do so, the tenant may proceed by rule to have
7 the satisfaction entered.
8 § 3728. Appraisement of property distrained upon.
9 (a) General rule.--If the tenant or owner of the personal
10 property distrained upon fails to replevy the property within
11 the five days next after distress and notice thereof, the person
12 distraining may, with the sheriff or his deputy or any constable
13 or his deputy, which officer upon demand of the landlord shall
14 aid and assist, cause the personal property so distrained to be
15 appraised by two disinterested and competent persons appointed
16 by the officer.
17 (b) Oath of appraisers.--The appraisers shall each take the
18 following oath or affirmation to be administered by the
19 assisting officer:
20 I (name), do solemnly swear (or affirm) that I will well
21 and truly, according to my understanding, appraise the
22 personal property of (name), distrained on for rent by
23 (name).
24 (c) Compensation of appraisers.--Each appraiser shall
25 receive $2 a day for his services in making the appraisement, to
26 be paid out of the proceeds of the sale.
27 § 3729. Sale of property.
28 (a) Notice.--After the appraisement has been completed, the
29 sheriff, deputy sheriff, constable or deputy constable shall fix
30 a day, time and place of sale, of which at least six days'
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1 public notice in writing shall be given by handbills. The notice
2 of sale shall specify the personal property to be sold
3 sufficiently to inform the tenant or owner and to induce bidders
4 to attend the sale.
5 (b) Sale.--On the day and at the time fixed for the sale or
6 on any day and time to which the sale may be adjourned, the
7 sheriff, deputy sheriff, constable or deputy constable shall
8 publicly sell the personal property so distrained for the best
9 price that can be obtained for the property.
10 (c) Distribution of proceeds.--The proceeds of the sale
11 shall be paid out in the following order:
12 (1) The payment of any wages due by the tenant which by
13 law are given preference and to the same extent and upon the
14 same conditions of notice being given as required by the wage
15 preference law and notice of the claim to the officer
16 executing the landlord's warrant.
17 (2) The payment of the charges and costs for making the
18 distress, appraisement and sale.
19 (3) The satisfaction of the rent for which the personal
20 property was distrained.
21 (4) An overplus for the use of the owner.
22 § 3730. Rights of purchasers of growing agricultural crops.
23 The purchaser of any growing agricultural crops at a sale on
24 distress for rent shall at all times have free ingress and
25 egress to and from the premises where the crops may be growing
26 and the right to repair fences. The purchaser shall have the
27 right to dig, cut, gather, lay up and thresh the crops in the
28 same manner as the tenant might legally have done and thereafter
29 to carry the crops away from the premises.
30 § 3731. Damages for removal of property distrained upon.
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1 A landlord having distrained upon personal property for rent
2 due who is aggrieved by the unlawful removal thereof shall, in
3 an action of trespass, recover treble damages, together with the
4 costs of suit, against the offender or against the owner if it
5 is afterwards found that the personal property has come into the
6 use or possession of the owner.
7 § 3732. Remedy in cases of improper distress.
8 The landlord and his agent shall be liable to the tenant or
9 the owner of the personal property distrained on in an action of
10 trespass for any of the following:
11 (1) The distress is for more rent than is due.
12 (2) The amount of personal property distrained is
13 unreasonably great.
14 (3) The distress is made after a proper tender of the
15 rent due was rejected.
16 (4) The distress is conducted irregularly or
17 oppressively.
18 (5) Any personal property taken in distress was, to the
19 knowledge of the landlord or his agent, not distrainable.
20 (6) The distress is made at an improper time.
21 (7) The landlord or his agent received notice, after the
22 distress, from the owner or his agent or from the tenant
23 having possession of the property that the personal property
24 distrained on was not subject to distress and nevertheless
25 proceeds with the sale without affording the owner a five-day
26 period after the notice to replevy the personal property.
27 § 3733. Remedy where distress and sale made and no rent due.
28 In case any distress and sale of personal property is made
29 for rent when no rent is due to the person distraining or to the
30 person in whose name the distress had been taken, then the owner
19860H2329B3224 - 20 -
1 of the personal property shall, by action of trespass brought
2 against the person distraining, recover double the value of the
3 personal property so distrained and sold, together with the
4 costs of suit.
5 § 3734. Stay of distress sale pending execution or bankruptcy
6 sale.
7 (a) General rule.--Whenever a sheriff, pursuant to an
8 execution issued, levies upon any personal property upon which
9 there is at the time a distress for rent, or whenever a
10 receiver, a receiver in bankruptcy or a trustee in bankruptcy is
11 appointed for any person, firm or corporation upon whose
12 personal property there is at the time a distress warrant for
13 rent, any sale pursuant to the levy or distress for rent shall
14 be stayed pending the sale of the personal property by the
15 sheriff, receiver, receiver in bankruptcy or trustee in
16 bankruptcy.
17 (b) Priority of rent in proceeds of sale.--The sheriff,
18 receiver, receiver in bankruptcy or trustee in bankruptcy may
19 proceed and sell the personal property, as provided by existing
20 law for sales by them, and, in these cases, the claim for rent,
21 together with costs of executing the landlord's warrant, may be
22 filed with the sheriff, the receiver, the receiver in bankruptcy
23 or the trustee in bankruptcy, as the case may be, and shall be a
24 lien on the proceeds of the sale of the personal property and be
25 paid first out of the proceeds of the sale.
26 § 3735. Preference of landlord in proceeds of execution.
27 The personal property being in or upon any real property,
28 which is demised for life or years or otherwise taken by virtue
29 of an execution, and liable to the distress of the landlord,
30 shall be liable for the payment of any sums of money due for
19860H2329B3224 - 21 -
1 rent, not exceeding one year's rent, at the time of taking the
2 property in execution.
3 SUBCHAPTER D
4 EXEMPTIONS FROM DISTRESS AND SALE
5 Sec.
6 3741. General monetary exemption.
7 3742. Exemption of particular property.
8 3743. Exemption of secured property on premises.
9 3744. Exemption of other property on premises.
10 § 3741. General monetary exemption.
11 (a) General rule.--Unless the right of exemption has been
12 waived by the tenant in writing, personal property to the value
13 of $300, in addition to any other personal property specifically
14 exempted by this subchapter, shall be exempt from levy and sale
15 by distress for rent.
16 (b) Appraisement of property.--The officer charged with the
17 execution of a landlord's warrant shall, if requested by the
18 tenant, summon two disinterested and competent persons who shall
19 be sworn or affirmed by the officer to appraise personal
20 property, including bank notes, money, stocks, judgments or
21 other indebtedness due the tenant, to the value of $300, which
22 the tenant may elect to retain, and the property so elected and
23 appraised shall be exempt from levy and sale in the distress
24 proceedings.
25 (c) Compensation of appraisers.--Each appraiser shall be
26 entitled to receive $2 for his services.
27 § 3742. Exemption of particular property.
28 The following personal property shall be exempt from levy and
29 sale on a landlord's warrant:
30 (1) Wearing apparel of the tenant and his family.
19860H2329B3224 - 22 -
1 (2) Bibles and school books in use in the tenant's
2 family.
3 (3) Sewing machines and other tools of trade used and
4 owned by private families except sewing machines kept for
5 sale or hire.
6 (4) Uniforms, arms, ammunition and accoutrements of any
7 commissioned officer or enlisted personnel of the National
8 Guard or of the armed forces of the United States.
9 § 3743. Exemption of secured property on premises.
10 (a) General rule.--The following personal property loaned to
11 or leased or hired by any person or sold in any transaction in
12 which a purchase money security interest is taken or retained
13 shall be exempt from levy and sale on distress for rent so long
14 as the security interest or title thereto remains in the secured
15 party, owner, lender or lessor if written notice, specifically
16 describing the personal property loaned, leased, hired or made
17 subject to a security interest, is given to the landlord or his
18 agent at the time the personal property is placed upon the
19 demised premises or within ten days thereafter, which notice
20 shall contain a statement of the respective amounts due on each
21 article named in the notice, and, when so given, shall be
22 effective as to the landlord and any future owner or owners of
23 the premises:
24 (1) Pianos, melodeons and organs.
25 (2) Soda water apparatus and the appurtenances thereto.
26 (3) Sewing machines and typewriting machines; and
27 accounting, tabulating, computing, bookkeeping, photocopying
28 and other office equipment and machinery.
29 (4) Electric motors, electric fans, electric air
30 conditioners and dynamos.
19860H2329B3224 - 23 -
1 (5) Ice cream cabinets and ice cream containers and the
2 appurtenances thereto.
3 (6) Household furniture and household goods.
4 (7) Patented shoe repairing machinery and tools.
5 (8) Beauty and barber shop furniture and equipment.
6 (9) Cigarette, candy, chewing gum, soft drink, milk,
7 food and all other types of automatic merchandising, service
8 or amusement vending machines.
9 (10) Restaurant and bar furniture and equipment.
10 (11) Meat market and grocery store equipment.
11 (12) Industrial, mining and construction machinery and
12 equipment not attached to the realty.
13 (b) Alternate notice.--In the case of personal property
14 enumerated in subsection (a)(2), (3), (5), (7), (8), (9), (10),
15 (11) and (12), notice may be given in the manner provided in
16 subsection (a) or, in lieu thereof, the name and address of the
17 owner, lender, lessor or conditional vendor may be marked on or
18 attached to the property on a visible part thereof.
19 (c) Advice concerning status of account.--Upon request at
20 any reasonable time, the owner, lender, lessor or conditional
21 vendor of any personal property enumerated in this section shall
22 advise the landlord or his agent as to the status of his account
23 with the tenant. In default of such advice, it shall be
24 conclusively presumed that no balance is due on the account.
25 (d) Property interest subject to distress.--A landlord may
26 levy upon and sell on distress for rent any right or interest of
27 the tenant in any personal property mentioned in this section,
28 subject to the rights therein of the owner, lender, lessor or
29 conditional vendor.
30 § 3744. Exemption of other property on premises.
19860H2329B3224 - 24 -
1 The following personal property located on premises occupied
2 by a tenant shall be exempt from levy and sale on distress for
3 rent:
4 (1) Property necessarily put in possession of the tenant
5 in the course of his business by those with whom the tenant
6 deals or by those who employ the tenant.
7 (2) Property actually held by the tenant for someone
8 else in the course of trade as agent or as consignee.
9 (3) Property sold for a valuable consideration by the
10 tenant before distress to any bona fide purchaser not privy
11 to any fraud.
12 (4) Property of any guest at an inn or hotel or of a
13 boarder at a boarding house where the property is in the
14 exclusive use of the boarder.
15 (5) Property of a decedent.
16 (6) Property of the United States and its governmental
17 agencies or of the Commonwealth or of any political
18 subdivision thereof.
19 (7) Property of any public service company essential to
20 the performance of its public functions.
21 (8) Cattle or stock taken by the tenant to be fed or
22 cared for on the leased premises for a consideration to be
23 paid by the owner.
24 SUBCHAPTER E
25 RECOVERY OF POSSESSION
26 Sec.
27 3751. Notice to quit.
28 3752. Remedy to recover possession by ejectment preserved.
29 § 3751. Notice to quit.
30 (a) General rule.--A landlord desirous of repossessing real
19860H2329B3224 - 25 -
1 property from a tenant may notify, in writing, the tenant to
2 remove from the property at the expiration of the time specified
3 in the notice under any of the following circumstances:
4 (1) The termination of a term of the tenant.
5 (2) The forfeiture of the lease for breach of its
6 conditions.
7 (3) The failure of the tenant, upon demand, to satisfy
8 any rent reserved and due.
9 (b) Time requirements.--In case of the expiration of a term
10 or of a forfeiture for breach of the conditions of the lease
11 where the lease is for any term of less than one year or for an
12 indeterminate time, the notice shall specify that the tenant
13 shall remove within 30 days from the date of service thereof,
14 and, when the lease is for one year or more, then within three
15 months from the date of service thereof. In case of failure of
16 the tenant, upon demand, to satisfy any rent reserved and due,
17 the notice, if given on or after April 1 and before September 1,
18 shall specify that the tenant shall remove within 15 days from
19 the date of the service thereof, and, if given on or after
20 September 1 and before April 1, then within 30 days from the
21 date of the service thereof.
22 (c) Changing provisions by lease.--The notice provided for
23 in this section may be for a lesser time or may be waived by the
24 tenant if the lease so provides.
25 (d) Service of notice.--The notice provided for in this
26 section may be served personally on the tenant or by leaving the
27 notice at the principal building upon the premises or by posting
28 the notice conspicuously on the leased premises.
29 § 3752. Remedy to recover possession by ejectment preserved.
30 This subchapter shall not be construed as abolishing the
19860H2329B3224 - 26 -
1 right of any landlord to recover possession of any real property
2 from a tenant by action of ejectment or from instituting any
3 amicable action of ejectment to recover possession of any real
4 property by confessing judgment in accordance with the terms of
5 any written contract or agreement.
6 SUBCHAPTER F
7 SECURITY DEPOSITS
8 Sec.
9 3761. Limitation on amount of security deposit.
10 3762. Deposit of funds in escrow account.
11 3763. Bond by landlord in lieu of escrow.
12 3764. Return of security deposit.
13 § 3761. Limitation on amount of security deposit.
14 (a) First year.--A landlord may not require a sum in excess
15 of two months' rent to be deposited in escrow for the payment of
16 damages to the leasehold premises or default in rent thereof or
17 both during the first year of any lease.
18 (b) Second and subsequent years.--During the second and
19 subsequent years of the lease or during any renewal of the
20 original lease, the amount required to be deposited may not
21 exceed one month's rent.
22 (c) Return of escrow funds.--If, during the third or
23 subsequent year of a lease or during any renewal after the
24 expiration of two years of tenancy, the landlord requires the
25 one month's rent escrow provided in this section, upon
26 termination of the lease or on surrender and acceptance of the
27 leasehold premises, the escrow funds together with interest
28 shall be returned to the tenant in accordance with sections 3762
29 (relating to deposit of funds in escrow account) and 3764
30 (relating to return of security deposit).
19860H2329B3224 - 27 -
1 (d) Limitation on increase in security.--Whenever a tenant
2 has been in possession of premises for a period of five years or
3 more, any increase or increases in rent shall not require a
4 concomitant increase in any security deposit.
5 (e) Waiver void.--Any attempted waiver of this section by a
6 tenant by contract or otherwise shall be void.
7 (f) Applicability.--This section applies only to the rental
8 of residential property.
9 § 3762. Deposit of funds in escrow account.
10 (a) General rule.--Except as otherwise provided in this
11 section, all funds over $100 deposited with a lessor to secure
12 the execution of a rental agreement on residential property in
13 accordance with section 3761 (relating to limitation on amount
14 of security deposit) shall be deposited in an escrow account of
15 an institution regulated by the Department of Banking, the
16 Federal Reserve Board, the Federal Home Loan Bank Board or the
17 Comptroller of the Currency.
18 (b) Notice to tenants.--When any funds are deposited in an
19 escrow account, interest-bearing or noninterest-bearing, the
20 lessor shall thereupon notify in writing each of the tenants
21 making the deposit, giving the name and address of the banking
22 institution in which the deposits are held and the amount of the
23 deposits.
24 (c) Disposition of interest.--Whenever any money is required
25 to be deposited in an interest-bearing escrow savings account,
26 the lessor is entitled to receive as administrative expenses a
27 sum equivalent to 1% a year upon the security money so
28 deposited, which shall be in lieu of all other administrative
29 and custodial expenses. The balance of the interest paid shall
30 be the money of the tenant making the deposit and shall be paid
19860H2329B3224 - 28 -
1 to the tenant annually upon the anniversary date of the
2 commencement of his lease.
3 (d) Applicability.--This section applies only after the
4 second anniversary of the deposit of escrow funds.
5 § 3763. Bond by landlord in lieu of escrow.
6 A landlord subject to the provisions of this chapter may, in
7 lieu of depositing escrow funds, guarantee that any escrow
8 funds, less the cost of necessary repairs, including interest
9 thereon, shall be returned to the tenant upon termination of the
10 lease or on surrender and acceptance of the leasehold premises.
11 The guarantee of repayment of the escrow funds shall be secured
12 by a good and sufficient guarantee bond issued by a bonding
13 company authorized to do business in this Commonwealth.
14 § 3764. Return of security deposit.
15 (a) General rule.--A landlord shall within 30 days of
16 termination of a lease or upon surrender and acceptance of the
17 leasehold premises, whichever first occurs, provide a tenant
18 with a written list of any damages to the leasehold premises for
19 which the landlord claims the tenant is liable. The delivery of
20 the list shall be accompanied by payment of the difference
21 between any sum deposited in escrow, including any unpaid
22 interest thereon, for the payment of damages to the leasehold
23 premises and the actual amount of damages to the leasehold
24 premises caused by the tenant. This section does not preclude
25 the landlord from refusing to return the escrow fund, including
26 any unpaid interest thereon, for nonpayment of rent or for the
27 breach of any other condition in the lease by the tenant.
28 (b) Failure to provide list.--A landlord who fails to
29 provide a written list within 30 days as required in subsection
30 (a) forfeits all rights to withhold any portion of sums held in
19860H2329B3224 - 29 -
1 escrow, including any unpaid interest thereon, or to bring an
2 action against the tenant for damages to the leasehold premises.
3 (c) Failure of landlord to return escrow funds.--If the
4 landlord fails to pay the tenant the difference between the sum
5 deposited, including any unpaid interest thereon, and the actual
6 damages to the leasehold premises caused by the tenant within 30
7 days after termination of the lease or surrender and acceptance
8 of the leasehold premises, the landlord shall be liable in
9 assumpsit to double the amount by which the sum deposited in
10 escrow, including any unpaid interest thereon, exceeds the
11 actual damages to the leasehold premises caused by the tenant as
12 determined by any court of record or court not of record having
13 jurisdiction in civil actions at law. The burden of proof of
14 actual damages caused by the tenant to the leasehold premises
15 shall be on the landlord.
16 (d) Failure of tenant to provide new address.--Failure of
17 the tenant to provide the landlord with his new address in
18 writing upon termination of the lease or upon surrender and
19 acceptance of the leasehold premises shall relieve the landlord
20 from any liability under this section.
21 (e) Waiver void.--Any attempted waiver of this section by a
22 tenant by contract or otherwise shall be void.
23 (f) Applicability.--This section applies only to residential
24 leaseholds and not to commercial leaseholds.
25 SUBCHAPTER G
26 TENEMENT BUILDINGS AND MULTIPLE DWELLING PREMISES
27 Sec.
28 3771. Definitions.
29 3772. Duties of landlord.
30 3773. Duties of tenant.
19860H2329B3224 - 30 -
1 3774. Rights of tenant.
2 § 3771. Definitions.
3 The following words and phrases when used in this subchapter
4 shall have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Apartment." A room or suite of two or more rooms occupied
7 or leased for occupation or intended or designed to be occupied
8 as a domicile.
9 "Multiple dwelling premises." An area occupied by dwelling
10 units, appurtenances thereto, grounds and facilities which
11 dwelling units are intended or designed to be occupied or leased
12 for occupation, or actually occupied, as individual homes or
13 residences for three or more households. The term includes
14 mobile home parks.
15 "Tenement building." A house or building, or portion
16 thereof, which is intended or designed to be occupied or leased
17 for occupation, or actually occupied, as a home or residence for
18 three or more households living in separate apartments and doing
19 their cooking upon the premises.
20 § 3772. Duties of landlord.
21 The retention of control of the stairways, passages, roadways
22 and other common facilities of a tenement building or multiple
23 dwelling premises places upon the landlord or other possessor
24 the duty of reasonable care for safety in use. This
25 responsibility of the landlord extends not alone to the
26 individual tenant but also to his family, servants, employees,
27 business visitors, social guests and the like. Those who enter
28 in the right of the tenant, even though under his mere license,
29 make a permissible use of the premises for which the common ways
30 and facilities are provided.
19860H2329B3224 - 31 -
1 § 3773. Duties of tenant.
2 The tenant shall comply with all obligations imposed upon
3 tenants by applicable provisions of all municipal, county and
4 Commonwealth codes, regulations, ordinances and statutes and, in
5 particular, shall:
6 (1) Not permit any person on the premises with his
7 permission to willfully or wantonly destroy, deface, damage,
8 impair or remove any part of the structure or dwelling unit
9 or the facilities, equipment or appurtenances thereto or used
10 in common, nor himself do any such thing.
11 (2) Not permit any person on the premises with his
12 permission to willfully or wantonly disturb the peaceful
13 enjoyment of the premises by other tenants and neighbors.
14 § 3774. Rights of tenant.
15 (a) General rule.--The tenant shall have a right to invite
16 to his apartment or dwelling unit such employees, business
17 visitors, tradesmen, deliverymen, suppliers of goods and
18 services and the like as he wishes so long as his obligations as
19 a tenant under this subchapter are observed. The tenant also
20 shall have right to invite to his apartment or dwelling unit,
21 for a reasonable period of time, such social guest, family or
22 visitors as he wishes so long as his obligations as a tenant
23 under this subchapter are observed. These rights may not be
24 waived by any provisions of a written rental agreement and the
25 landlord or owner may not charge any fee, service charge or
26 additional rent to the tenant for exercising his rights under
27 this chapter.
28 (b) Construction.--It is the intent of this subchapter to
29 insure that the landlord may in no way restrict the tenant's
30 right to purchase goods, services and the like from a source of
19860H2329B3224 - 32 -
1 the tenant's choosing, and as a consequence, any provision in a
2 written agreement attempting to limit this right shall be void
3 and unenforceable in the courts of this Commonwealth.
4 CHAPTER 39
5 DISCONTINUANCE OF UTILITY SERVICE
6 TO LEASED PREMISES
7 Sec.
8 3901. Short title of chapter.
9 3902. Definitions.
10 3903. Notices before service to landlord ratepayer
11 discontinued.
12 3904. Contents and delivery of discontinuance notice to
13 landlord ratepayer.
14 3905. Duty of landlord ratepayer to identify tenants.
15 3906. Contents and delivery of first discontinuance notice to
16 tenants.
17 3907. Right of tenant to continued service.
18 3908. Contents and delivery of subsequent discontinuance
19 notices to tenants.
20 3909. Right of tenant to recover payments.
21 3910. Retaliation by landlord ratepayer prohibited.
22 3911. Waiver of rights prohibited.
23 3912. Enforcement by Attorney General.
24 3913. Assurances of voluntary compliance.
25 3914. Restraining prohibited acts.
26 3915. Penalties.
27 § 3901. Short title of chapter.
28 This chapter shall be known and may be cited as the Utility
29 Service Tenants Rights Act.
30 § 3902. Definitions.
19860H2329B3224 - 33 -
1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Landlord ratepayer." One or more individuals or an
5 organization listed on a gas, electric, steam or water utility's
6 records as the party responsible for payment of the gas,
7 electric, steam or water service provided to one or more
8 residential units of a residential building or mobile home park
9 of which building or mobile home park the party is not the sole
10 occupant.
11 "Mobile home." A transportable, single-family dwelling unit
12 intended for permanent occupancy and constructed as a single
13 unit, or as two or more units designed to be joined into one
14 integral unit capable of again being separated for repeated
15 towing, which arrives at a site complete and ready for
16 occupancy, except for minor and incidental unpacking and
17 assembly operations, and constructed so that it may be used
18 without a permanent foundation.
19 "Mobile home park." A site, lot, field or tract of land,
20 privately or publicly owned or operated, upon which three or
21 more mobile homes, occupied for dwelling or sleeping purposes,
22 are or are intended to be located.
23 "Municipal corporation." A city, borough, incorporated town,
24 township or county of this Commonwealth and any public
25 corporation, authority or body whatsoever created or organized
26 under any law of this Commonwealth.
27 "Public utility." A municipal corporation now or hereafter
28 owning or operating within its corporate boundaries equipment or
29 facilities for:
30 (1) Producing, generating, transmitting, distributing or
19860H2329B3224 - 34 -
1 furnishing natural or artificial gas, electricity or steam
2 for the production of light, heat or power to or for the
3 public for compensation.
4 (2) Diverting, developing, pumping, impounding,
5 distributing or furnishing water to or for the public for
6 compensation.
7 "Residential building." A building containing one or more
8 dwelling units occupied by one or more tenants. The term does
9 not include a nursing home, hotel or motel.
10 "Tenant." A person or group of persons whose dwelling unit
11 in a residential building or mobile home park is provided gas,
12 electricity, steam or water, pursuant to a rental arrangement
13 for the dwelling unit, mobile home or plot of ground within a
14 mobile home park, but who is not the ratepayer of the company
15 which supplied the gas, electricity, steam or water.
16 § 3903. Notices before service to landlord ratepayer
17 discontinued.
18 (a) Nonpayment of charges.--Except when required to prevent
19 or alleviate an emergency or except in the case of danger to
20 life or property, before any discontinuance of service within
21 the utility's corporate limits to a landlord ratepayer for
22 nonpayment, a public utility shall:
23 (1) Notify the landlord ratepayer of the proposed
24 discontinuance in writing as prescribed in section 3904
25 (relating to contents and delivery of discontinuance notice
26 to landlord ratepayer) at least 37 days before the date of
27 discontinuance of service.
28 (2) Notify the following agencies which serve the
29 community in which the affected premises are located in
30 writing at the time of delivery of notice to the tenants of
19860H2329B3224 - 35 -
1 the proposed discontinuance of service:
2 (i) The department of licenses and inspections of
3 any city of the first class.
4 (ii) The department of public safety of any city of
5 the second class, second class A or third class.
6 (iii) The city or county public health department
7 or, in the event that such a department does not exist,
8 the State Department of Health office responsible for
9 that county.
10 (3) Notify, in writing, each residential unit reasonably
11 likely to be occupied by an affected tenant of the proposed
12 discontinuance as prescribed in section 3906 (relating to
13 contents and delivery of first discontinuance notice to
14 tenants) at least seven days after notice to the landlord
15 ratepayer pursuant to this section and at least 30 days
16 before the discontinuance of service. However, if within
17 seven days of receipt of the notice issued pursuant to this
18 section the landlord ratepayer files a petition with the
19 court disputing the right of the utility to discontinue
20 service, the notice shall not be rendered until the petition
21 has been adjudicated by the court.
22 (b) Voluntary relinquishment of service.--Before any
23 discontinuance of service by a public utility to a landlord
24 ratepayer due to a request for voluntary relinquishment of
25 service by the landlord ratepayer, one of the following shall
26 occur:
27 (1) The landlord ratepayer shall state in a form bearing
28 his notarized signature that all of the affected dwelling
29 units are either unoccupied or the tenants affected by the
30 proposed discontinuance have consented in writing to the
19860H2329B3224 - 36 -
1 proposed discontinuance. The form shall conspicuously bear a
2 notice that false statements are punishable criminally.
3 (2) All of the tenants affected by the proposed
4 discontinuance shall inform the utility orally or in writing
5 of their consent to the discontinuance.
6 (3) The landlord ratepayer shall provide the utility
7 with the names and addresses of the affected tenants pursuant
8 to section 3905 (relating to duty of landlord ratepayer to
9 identify tenants) and the utility shall notify the community
10 service agencies and each residential unit pursuant to
11 sections 3903 (relating to notices before service to landlord
12 ratepayer discontinued) and 3906.
13 (c) Rights of tenants.--Under the voluntary relinquishment
14 discontinuance procedures of subsection (b)(3), the tenants
15 shall have all of the rights provided in sections 3907 (relating
16 to right of tenant to continued service) through 3910 (relating
17 to retaliation by landlord ratepayer prohibited).
18 § 3904. Contents and delivery of discontinuance notice to
19 landlord ratepayer.
20 (a) Contents.--The notice required to be given to a landlord
21 ratepayer pursuant to section 3903 (relating to notices before
22 service to landlord ratepayer discontinued) shall contain the
23 following information:
24 (1) The amount owed the utility by the landlord
25 ratepayer for each affected account.
26 (2) The date on or after which service will be
27 discontinued.
28 (3) The date on or after which the company will notify
29 tenants of the proposed discontinuance of service and of
30 their rights under sections 3907 (relating to right of tenant
19860H2329B3224 - 37 -
1 to continued service), 3909 (relating to right of tenant to
2 recover payments) and 3911 (relating to waiver of rights
3 prohibited).
4 (4) The obligation of the landlord ratepayer under
5 section 3905 (relating to duty of landlord ratepayer to
6 identify tenants) to provide the utility with the names and
7 addresses of every affected tenant or to pay the amount due
8 the utility or make an arrangement with the utility to pay
9 the balance including a statement:
10 (i) That the list must be provided or the payment or
11 arrangement must be made within seven days of receipt of
12 the notice.
13 (ii) Setting forth the penalties and liability which
14 the landlord ratepayer may incur under section 3915(c)
15 (relating to penalties) by failure to comply.
16 (5) The right of the landlord ratepayer to stay the
17 notification of tenants by filing a petition with the court
18 disputing the right of the utility to discontinue service.
19 (b) Delivery.--Any one of the following procedures shall
20 constitute effective notice to the landlord under section 3903:
21 (1) Notice by certified mail if the utility receives a
22 return receipt signed by the landlord ratepayer or his agent.
23 (2) Notice by personal service of the landlord ratepayer
24 or his agent.
25 (3) After unsuccessful attempts at personal service on
26 two separate days, notice by first class mail and
27 conspicuously posting at the landlord ratepayer's principal
28 place of business or the business address which the landlord
29 provided the utility as his address for receiving
30 communications.
19860H2329B3224 - 38 -
1 § 3905. Duty of landlord ratepayer to identify tenants.
2 (a) General rule.--Upon receiving a lawful request for the
3 names and addresses of the affected tenants pursuant to this
4 chapter, it is the duty of the landlord ratepayer to provide the
5 utility with the names and addresses of every affected tenant of
6 any building or mobile home park for which the utility is
7 proposing to discontinue service unless, within seven days of
8 receipt of the notice, the landlord ratepayer pays the amount
9 due the utility or makes an arrangement with the utility to pay
10 the balance.
11 (b) Time for providing information.--This information shall
12 be provided by the landlord ratepayer:
13 (1) within seven days of receipt of the notice to the
14 landlord ratepayer required by section 3903 (relating to
15 notices before service to landlord ratepayer discontinued);
16 or
17 (2) within three days of any adjudication by a court
18 having jurisdiction that the landlord ratepayer must provide
19 the requested information if the landlord files a petition
20 with the court within seven days of receipt of the notice to
21 the landlord disputing the right of the utility to
22 discontinue service.
23 (c) Remedy by public utility.--It is the duty of a public
24 utility to pursue any appropriate legal remedy it has necessary
25 to obtain from the landlord ratepayer the names and addresses of
26 all affected tenants of a building or mobile home park for which
27 the utility is proposing discontinuance of service to the
28 landlord ratepayer.
29 § 3906. Contents and delivery of first discontinuance notice to
30 tenants.
19860H2329B3224 - 39 -
1 (a) General rule.--The notice required to be given to a
2 tenant pursuant to section 3903 (relating to notices before
3 service to landlord ratepayer discontinued) shall be mailed or
4 otherwise delivered to the address of each affected tenant and
5 shall contain the following information:
6 (1) The date on which the notice is rendered.
7 (2) The date on or after which service will be
8 discontinued.
9 (3) The circumstances under which service to the
10 affected tenant may be continued, specifically referring to
11 the conditions set out in section 3907 (relating to right of
12 tenant to continued service).
13 (4) The bill for the 30-day period preceding the notice
14 to the tenants.
15 (5) The statutory rights of a tenant to:
16 (i) Deduct the amount of any direct payment to the
17 utility from any rent payments then or thereafter due.
18 (ii) Protection against any retaliation by the
19 landlord for exercising such statutory right.
20 (iii) Recover money damages from the landlord for
21 any such retaliation.
22 (6) That tenants may make payment to the utility on
23 account of nonpayment by the landlord ratepayer only by check
24 or money order drawn by the tenant to the order of the
25 utility.
26 (7) A telephone number at the utility which a tenant may
27 call for an explanation of his rights.
28 (b) Information posted by utility.--The information in
29 subsection (a) shall be posted by the utility in those common
30 areas of the building or mobile home park where it is reasonably
19860H2329B3224 - 40 -
1 likely to be seen by the affected tenants. Any officer or
2 employee of the utility may at any reasonable time enter the
3 common hallways and common areas of the building for the purpose
4 of complying with this section.
5 § 3907. Right of tenant to continued service.
6 (a) Application for continued service.--At any time before
7 or after service within the utility's corporate limits is
8 discontinued by a public utility on account of nonpayment by the
9 landlord ratepayer, the affected tenants may apply to the
10 utility to have service continued or resumed.
11 (b) Payment of charges by tenants.--A public utility shall
12 not discontinue service or shall promptly resume service
13 previously discontinued if it receives from the tenants an
14 amount equal to the bill of the landlord ratepayer for the 30-
15 day period preceding the notice to the tenants. Thereafter, the
16 utility shall notify each tenant of the total amount of the bill
17 for the second and each succeeding period of 30 days or less,
18 and, if the tenants fail to make payment of any such bill within
19 30 days of the delivery of the notice to the tenants, the
20 utility may commence discontinuance procedures, but the
21 discontinuance may not occur until 30 days after each tenant has
22 received written notice of the proposed discontinuance as
23 prescribed in section 3908 (relating to contents and delivery of
24 subsequent discontinuance notices to tenants). All payments by
25 tenants to a utility on account of nonpayment by the landlord
26 ratepayer shall be made by a check or money order drawn by the
27 tenant to the order of the utility.
28 (c) Disposition of payment by utility.--Upon receiving any
29 such payment, the utility shall notify the landlord ratepayer
30 who is liable for the utility service of the amount or amounts
19860H2329B3224 - 41 -
1 paid by any tenant and the amount or amounts credited to the
2 landlord's bill for each tenant pursuant to this section. In the
3 event that the tenants fail to satisfy the requirements of this
4 section to maintain or restore service and service to the
5 affected dwelling units is discontinued, the utility shall
6 refund to each tenant the amount paid by the tenant toward the
7 bill which the tenants failed to pay upon the request of the
8 tenant or after holding the tenant's payment during 60
9 consecutive days of discontinued service, whichever occurs
10 first.
11 (d) Agreement for individual service.--A tenant of a
12 residential building or mobile home park who has been notified
13 of a proposed discontinuance of utility service pursuant to
14 section 3903 (relating to notices before service to landlord
15 ratepayer discontinued) shall have the right to agree to
16 subscribe for future service individually if this can be
17 accomplished without a major revision of distribution facilities
18 or additional right-of-way acquisitions.
19 § 3908. Contents and delivery of subsequent discontinuance
20 notices to tenants.
21 Subsequent notices required to be given to a tenant pursuant
22 to section 3907 (relating to right of tenant to continued
23 service) shall be mailed or otherwise delivered to the address
24 of each affected tenant and shall contain the following
25 information:
26 (1) The date on or after which service will be
27 discontinued.
28 (2) The amount due, which shall include the arrearage on
29 any earlier bill due from tenants.
30 (3) A telephone number at the utility which a tenant may
19860H2329B3224 - 42 -
1 call for an explanation of his rights.
2 (4) The right of a tenant to file a petition with the
3 court to enforce any legal right that he may have.
4 § 3909. Right of tenant to recover payments.
5 A tenant who has made a payment to a utility on account of
6 nonpayment by the landlord ratepayer pursuant to this chapter
7 may subsequently recover the amount paid to the utility either
8 by deducting the amount from any rent or payment on account of
9 taxes or operating expenses then or thereafter due from the
10 tenant to the person to whom he would otherwise pay his rent or
11 by obtaining reimbursement from the landlord ratepayer.
12 § 3910. Retaliation by landlord ratepayer prohibited.
13 (a) General rule.--It is unlawful for any landlord ratepayer
14 or agent or employee thereof to threaten or take reprisals
15 against a tenant because the tenant exercised his rights under
16 section 3907 (relating to right of tenant to continued service)
17 or 3909 (relating to right of tenant to recover payments).
18 (b) Liability of landlord for damages.--Any landlord
19 ratepayer or agent or employee thereof who threatens or takes
20 such reprisals against any tenant shall be liable for damages
21 which shall be two months' rent or the actual damages sustained
22 by the tenant, whichever is greater, and the costs of suit and
23 reasonable attorney fees.
24 (c) Presumption of retaliation.--The receipt of any notice
25 of termination of tenancy, an increase in rent or any
26 substantial alteration in the terms of tenancy within six months
27 after the tenant has acted pursuant to section 3907 or 3909 to
28 avoid discontinuance of utility service creates a rebuttable
29 presumption that the notice is a reprisal against the tenant for
30 exercising his rights under section 3907 or 3909. However, the
19860H2329B3224 - 43 -
1 presumption shall not arise if the notice of termination of
2 tenancy is for nonpayment of rent not withheld under section
3 3909 or lawfully withheld under any other right that the tenant
4 may have under law.
5 § 3911. Waiver of rights prohibited.
6 A waiver of a tenant's rights under this chapter shall be
7 void.
8 § 3912. Enforcement by Attorney General.
9 The Attorney General shall have the power and duty to enforce
10 this chapter.
11 § 3913. Assurances of voluntary compliance.
12 In the administration of this chapter, the Attorney General
13 may accept an assurance of voluntary compliance with respect to
14 any method, act or practice deemed to be violative of this
15 chapter from any person who has engaged or was about to engage
16 in such method, act or practice. The assurance may include a
17 stipulation for voluntary payment by the alleged violator
18 providing for the restitution by the alleged violator to any
19 person in interest of money, property or other things received
20 from them in connection with the violation of this chapter. The
21 assurance shall be in writing and be filed with the court. The
22 assurance of voluntary compliance shall not be considered an
23 admission of violation for any purpose. Matters thus closed may
24 at any time be reopened by the Attorney General for further
25 proceedings in the public interest.
26 § 3914. Restraining prohibited acts.
27 (a) General rule.--Whenever the Attorney General has reason
28 to believe that a person is using or is about to use any method,
29 act or practice declared in this chapter to be unlawful and that
30 proceedings would be in the public interest, he may bring an
19860H2329B3224 - 44 -
1 action in the name of the Commonwealth against that person to
2 restrain by temporary or permanent injunction the use of that
3 method, act or practice.
4 (b) Return of acquired money or property.--In addition, the
5 court may in its discretion direct that the defendant or
6 defendants restore to any person in interest any moneys or real
7 or personal property which may have been acquired by means of
8 any violation of this chapter, under terms and conditions
9 established by the court.
10 § 3915. Penalties.
11 (a) Violation of injunction or assurance.--A person who
12 violates the terms of an injunction issued under section 3914
13 (relating to restraining prohibited acts) or any of the terms of
14 an assurance of voluntary compliance duly filed in court shall
15 forfeit and pay to the Commonwealth a civil penalty of not more
16 than $5,000 for each violation. For the purposes of this
17 subsection, the court issuing an injunction or in which an
18 assurance of voluntary compliance is filed shall retain
19 jurisdiction, and the cause shall be continued and, in these
20 cases, the Attorney General, acting in the name of the
21 Commonwealth, may petition for recovery of civil penalties and
22 any other equitable relief deemed needed or proper.
23 (b) Willful violations.--In any action brought under section
24 3914, if the court finds that a person is willfully using or has
25 willfully used a method, act or practice declared unlawful, the
26 Attorney General, acting in the name of the Commonwealth, may
27 recover, on behalf of the Commonwealth, a civil penalty not
28 exceeding $1,000 for each violation. This civil penalty shall be
29 in addition to other civil penalties which may be granted under
30 this chapter.
19860H2329B3224 - 45 -
1 (c) Failure to identify tenants.--A landlord ratepayer who
2 fails to provide a utility with the names and addresses of
3 affected tenants pursuant to section 3905 (relating to duty of
4 landlord ratepayer to identify tenants) shall forfeit and pay to
5 the Commonwealth a civil penalty of not more than $500 for each
6 day of the landlord ratepayer's failure to respond. The court in
7 its discretion may award the utility reasonable attorney fees
8 for any action against the landlord ratepayer which was
9 necessary to obtain the names and addresses of affected tenants
10 pursuant to section 3905.
11 (d) Tampering with posted notice.--A person who removes,
12 interferes or tampers with a notice to tenants of proposed
13 discontinuance of service posted pursuant to section 3906
14 (relating to contents and delivery of first discontinuance
15 notice to tenants) commits a summary offense and, upon
16 conviction, shall be sentenced to pay a fine not exceeding $25.
17 CHAPTER 41
18 MOBILE HOME PARKS
19 Sec.
20 4101. Short title of chapter.
21 4102. Definitions.
22 4103. Evictions.
23 4104. Park rules and regulations.
24 4105. Disclosure of fees and charges.
25 4106. Entrance and exit fees.
26 4107. Installation and removal fees.
27 4108. Fees for overnight guests or visitors.
28 4109. Improvements and installation of appliances.
29 4110. Underskirting and tie-down equipment.
30 4111. Sale of mobile homes.
19860H2329B3224 - 46 -
1 4112. Retaliatory evictions prohibited.
2 4113. Waiver of rights and duties prohibited.
3 4114. Enforcement by Attorney General.
4 4115. Restraining prohibited acts.
5 4116. Damages for violation of rights.
6 § 4101. Short title of chapter.
7 This chapter shall be known and may be cited as the Mobile
8 Home Park Rights Act.
9 § 4102. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Mobile home." A transportable, single-family dwelling unit
14 intended for permanent occupancy and constructed as a single
15 unit, or as two or more units designed to be joined into one
16 integral unit capable of again being separated for repeated
17 towing, which arrives at a site complete and ready for
18 occupancy, except for minor and incidental unpacking and
19 assembly operations, and constructed so that it may be used
20 without a permanent foundation.
21 "Mobile home park." Any site, lot, field or tract of land,
22 privately or publicly owned or operated, upon which three or
23 more mobile homes, occupied for dwelling or sleeping purposes,
24 are or are intended to be located, regardless of whether or not
25 a charge is made for such accommodation.
26 "Mobile home resident." An owner of a mobile home who leases
27 or rents space in a mobile home park. The term does not include
28 a person who rents or leases a mobile home.
29 "Mobile home space." A plot of ground within a mobile home
30 park designed for the accommodation of one mobile home.
19860H2329B3224 - 47 -
1 "Rent." Ground rent for a mobile home site.
2 "Service charges." Charges for electricity, gas service
3 which is underground and piped directly to individual units
4 within the park, trash removal, sewage and water.
5 § 4103. Evictions.
6 (a) Grounds.--A mobile home resident may only be evicted for
7 one of the following reasons:
8 (1) Nonpayment of rent.
9 (2) Second or subsequent violation of the rules of the
10 mobile home park occurring within a six-month period.
11 (3) Change in use of the park land or parts thereof.
12 (4) Termination of mobile home park.
13 (b) Procedure.--A mobile home resident may only be evicted
14 in accordance with the procedures set forth in this subsection
15 and may not be evicted by any self-help measure. Prior to the
16 commencement of an eviction proceeding, the mobile home park
17 owner shall notify the mobile home park resident in writing of
18 the particular breach or violation of the lease or park rules by
19 certified or registered mail as follows:
20 (1) In the case of nonpayment of rent, the notice shall
21 state that an eviction proceeding may be commenced if the
22 mobile home resident does not pay the overdue rent within 20
23 days from the date of service if the notice is given on or
24 after April 1 and before September 1, and 30 days if given on
25 or after September 1 and before April 1, or an additional
26 nonpayment of rent occurring within six months of the giving
27 of the notice may result in immediate eviction proceedings.
28 (2) In the case of a breach of the lease or violation of
29 the park rules other than nonpayment of rent, the notice
30 shall describe the particular breach or violation. An
19860H2329B3224 - 48 -
1 eviction action may not be commenced unless the mobile home
2 park resident has been notified as required by this section
3 and, upon a second or subsequent breach or violation
4 occurring within six months, the mobile home park owner may
5 commence eviction proceedings at any time within 60 days of
6 the last breach or violation.
7 (c) Uniformity of enforcement required.--A mobile home
8 resident may not be evicted when there is proof that the rules
9 the resident is accused of violating are not enforced with
10 respect to the other mobile home residents or nonresidents on
11 the park premises.
12 § 4104. Park rules and regulations.
13 (a) General rule.--The owner or operator of a mobile home
14 park may at any time establish fair and reasonable rules and
15 regulations reasonably related to the health or safety of
16 residents in the park or to the upkeep of the park. The rules
17 and regulations shall be included in any written lease and
18 delivered to existing residents and shall be posted in a
19 conspicuous and readily accessible place in the mobile home
20 park. All rules or rental charges shall be uniformly applied to
21 all mobile home residents or prospective mobile home residents
22 of the same or similar category. When the lease or rental
23 agreement is oral, the resident shall be provided with a written
24 copy of the rules and regulations prior to the owner's or
25 operator's acceptance of any initial deposit, fee or rent.
26 (b) Notice.--In addition, a copy of this chapter shall be
27 posted in a conspicuous and readily accessible place in the
28 mobile home park, and a copy of the following notice shall be
29 reproduced in capital typewritten letters or in ten-point
30 boldface print and be given to each resident upon entering into
19860H2329B3224 - 49 -
1 the lease:
2 IMPORTANT NOTICE REQUIRED BY LAW
3 The rules set forth below govern the terms of your lease
4 or occupancy agreement with this mobile home park. The law
5 requires all of these rules to be fair and reasonable.
6 You may continue to stay in this park as long as you pay
7 your rent and other reasonable fees, service charges and
8 assessments hereinafter set forth and abide by the rules of
9 the park. Entrance and exit fees may not be charged.
10 Installation and removal fees may not be charged in excess of
11 the actual cost to the mobile home park owner or operator for
12 providing such service for the installation or removal of a
13 mobile home in a mobile home space.
14 You may be evicted for any of the following reasons:
15 (1) Nonpayment of rent.
16 (2) Second or subsequent violation of the rules of the
17 mobile home park occurring within a six-month period.
18 (3) Change in use of the park land or parts thereof.
19 (4) Termination of mobile home park.
20 You may only be evicted in accordance with the following
21 procedure and a resident may not be evicted by any self-help
22 measure. Prior to the commencement of an eviction proceeding,
23 the mobile home park owner shall notify you in writing of the
24 particular breach or violation of the lease or park rules by
25 certified or registered mail.
26 (1) In the case of nonpayment of rent, the notice shall
27 state that an eviction proceeding may be commenced if the
28 mobile home resident does not pay the overdue rent within 20
29 days from the date of service if the notice is given on or
30 after April 1 and before September 1, and 30 days if given on
19860H2329B3224 - 50 -
1 or after September 1 and before April 1, or an additional
2 nonpayment of rent occurring within six months of the giving
3 of the notice may result in immediate eviction proceedings.
4 (2) In the case of a breach of the lease or violation of
5 the park rules other than nonpayment of rent, the notice
6 shall describe the particular breach or violation. An
7 eviction action may not be commenced unless you have been
8 notified as required by law, and, upon a second or subsequent
9 breach or violation occurring within six months, the mobile
10 home park owner may commence eviction proceedings at any time
11 within 60 days of the last breach or violation.
12 You may not be evicted when there is proof that the rules
13 you are accused of violating are not enforced with respect to
14 the other mobile home residents or nonresidents on the park
15 premises.
16 In addition, an eviction proceeding for nonpayment of
17 rent may not be commenced against you until you have received
18 notice by certified or registered mail of the nonpayment and
19 have been given, to pay the overdue rent, 20 days from the
20 date of service if the notice is given on or after April 1
21 and before September 1, and 30 days if given on or after
22 September 1 and before April 1. However, only one notice of
23 overdue rent is required to be sent to you during any six-
24 month period. If a second or additional violation occurs
25 within six months from the date of the first notice, then
26 eviction proceedings may be immediately started against you.
27 You are entitled to purchase goods or services from a
28 seller of your choice, and the park owner shall not restrict
29 your right to do so.
30 If you desire to sell your mobile home, the mobile home
19860H2329B3224 - 51 -
1 park owner may not prevent the sale and may not claim any fee
2 in connection therewith unless there exists a separate
3 written agreement. However, the mobile home park owner may
4 reserve the right to approve the purchaser as a resident in
5 the mobile home park.
6 Enforcement of the Mobile Home Park Rights Act is by the
7 Attorney General of the Commonwealth of Pennsylvania or the
8 district attorney of the county in which the mobile home park
9 is located. You may also bring a private cause of action. If
10 your rights are violated, you may contact the State Bureau of
11 Consumer Protection or your local district attorney.
12 § 4105. Disclosure of fees and charges.
13 All rent, fees, service charges and assessments shall be
14 fully disclosed in writing to a resident prior to the owner or
15 operator's acceptance of any initial deposit, fee or rent.
16 Failure to disclose the rent, fees, service charges and
17 assessments shall render them void and unenforceable in the
18 courts of this Commonwealth. Increases in the rent, fees,
19 service charges and assessments shall be unenforceable until 30
20 days after notice thereof has been posted in the mobile home
21 park and mailed to the resident. However, rent shall not be
22 increased during the term of the lease.
23 § 4106. Entrance and exit fees.
24 Entrance and exit fees may not be charged.
25 § 4107. Installation and removal fees.
26 (a) General rule.--Any fee charged for the installation or
27 removal of a mobile home in a mobile home space shall not exceed
28 the actual cost to the mobile home park owner or operator for
29 providing such service. The fees shall be refundable to the
30 resident at the time of removal in the event that the owner or
19860H2329B3224 - 52 -
1 operator acts to recover possession of the space for reasons
2 other than nonpayment of rent or breach of a condition of the
3 lease within one year of the initial installation of the mobile
4 home. Failure to refund the fees as provided shall entitle the
5 tenant to recover treble their amount plus court costs and
6 reasonable attorney fees.
7 (b) Security deposit unaffected.--The imposition of this
8 type of entrance fee shall not bar the mobile home park owner or
9 operator from requiring a security deposit in accordance with
10 Chapter 37 (relating to the landlord and tenant in general).
11 § 4108. Fees for overnight guests or visitors.
12 In accordance with a resident's right to invite to his
13 dwelling unit such social and business visitors as he wishes, a
14 fee may not be charged for overnight visitors or guests
15 occupying a resident's mobile home. However, if the overnight
16 visitors or guests so frequently remain overnight for
17 residential purposes so as to increase the number of persons
18 normally living in the unit, the owner or operator of a mobile
19 home park may revise the rent due to conform to the rent paid by
20 other residents with a like number of members in their
21 household.
22 § 4109. Improvements and installation of appliances.
23 A mobile home park owner or operator may not restrict the
24 making of any interior improvements in a mobile home so long as
25 the improvements are in compliance with applicable building
26 codes and other provisions of law and may not restrict the
27 installation, service or maintenance of an electric or gas
28 appliance in a mobile home or charge any fee for the
29 installation unless the fee reflects the actual cost to the
30 mobile home park owner or operator of the installation or its
19860H2329B3224 - 53 -
1 use.
2 § 4110. Underskirting and tie-down equipment.
3 A mobile home park owner or operator may designate the type
4 of material or manner of installation for underskirting,
5 awnings, porches, fences or other additions and alterations to
6 the exterior of the mobile home and tie-down equipment used in a
7 mobile home space in order to insure the safety and good
8 appearance of the mobile home park. Under no circumstances may a
9 resident be required to purchase such equipment from a supplier
10 designated by the park owner or operator.
11 § 4111. Sale of mobile homes.
12 Any rule, regulation or condition of a lease purporting to
13 prevent the sale of a mobile home belonging to a resident shall
14 be void and unenforceable in the courts of this Commonwealth.
15 The mobile home park owner or operator may reserve the right to
16 approve the purchaser of the mobile home as a resident, but the
17 approval may not be unreasonably withheld. Any claim for a fee
18 or commission in connection with the sale of the mobile home
19 shall be void unless the claimant in fact has acted as a bona
20 fide licensed mobile home sales agent for the mobile home owner
21 pursuant to a separate written agreement.
22 § 4112. Retaliatory evictions prohibited.
23 An action by a mobile home park owner or operator to recover
24 possession of real property from a mobile home park resident or
25 to change the lease within six months of a resident's assertion
26 of his rights under this chapter or any other legal right raises
27 a presumption that the action constitutes a retaliatory and
28 unlawful eviction by the owner or operator and is in violation
29 of this chapter. This presumption may be rebutted by competent
30 evidence presented in any appropriate court of initial
19860H2329B3224 - 54 -
1 jurisdiction in this Commonwealth.
2 § 4113. Waiver of rights and duties prohibited.
3 The rights and duties of mobile home park owners and
4 operators and the mobile home residents may not be waived by any
5 provisions of a written or oral agreement. An agreement
6 attempting to limit these rights shall be void and unenforceable
7 in the courts of this Commonwealth.
8 § 4114. Enforcement by Attorney General.
9 The Attorney General shall have the power and duty to enforce
10 this chapter but in no event shall an individual be prohibited
11 or otherwise restricted from initiating a private cause of
12 action pursuant to any right or remedy conferred by this
13 chapter.
14 § 4115. Restraining prohibited acts.
15 Whenever the Attorney General or a district attorney has
16 reason to believe that any person is using or is about to use
17 any method, act or practice declared by this chapter to be
18 prohibited and that proceedings would be in the public interest,
19 he may bring an action in the name of the Commonwealth against
20 that person to restrain by temporary or permanent injunction the
21 use of that method, act or practice.
22 § 4116. Damages for violation of rights.
23 A mobile home park owner, operator or resident aggrieved by a
24 violation of their rights under this chapter may institute a
25 private cause of action to recover damages, including treble
26 damages where so provided in this chapter, or for restitution in
27 any appropriate court of initial jurisdiction in this
28 Commonwealth.
29 Section 2. Sections 1123(a)(3) and 1515(a)(2) of Title 42
30 are amended to read:
19860H2329B3224 - 55 -
1 § 1123. Jurisdiction and venue.
2 (a) General rule.--Except as otherwise prescribed by any
3 general rule adopted pursuant to section 503 (relating to
4 reassignment of matters), the Philadelphia Municipal Court shall
5 have jurisdiction of the following matters:
6 * * *
7 (3) Matters arising under [the act of April 6, 1951
8 (P.L.69, No.20), known as "The Landlord and Tenant Act of
9 1951."] 68 Pa.C.S. Ch. 37 (relating to landlord and tenant in
10 general).
11 * * *
12 § 1515. Jurisdiction and venue.
13 (a) Jurisdiction.--Except as otherwise prescribed by general
14 rule adopted pursuant to section 503 (relating to reassignment
15 of matters), district justices shall, under procedures
16 prescribed by general rule, have jurisdiction of all of the
17 following matters:
18 * * *
19 (2) Matters arising under [the act of April 6, 1951
20 (P.L.69, No.20), known as "The Landlord and Tenant Act of
21 1951,"] 68 Pa.C.S. Ch. 37 (relating to landlord and tenant in
22 general) which are stated therein to be within the
23 jurisdiction of a district justice.
24 * * *
25 Section 3. Section 3410(d) of Title 68 is amended to read:
26 § 3410. Conversion condominiums.
27 * * *
28 (d) Notice to vacate.--If a notice of conversion specifies a
29 date by which a unit or proposed unit must be vacated, the
30 notice also constitutes a notice to quit specified by section
19860H2329B3224 - 56 -
1 [501 of the act of April 6, 1951 (P.L.69, No.20), known as "The
2 Landlord and Tenant Act of 1951."] 3751 (relating to notice to
3 quit).
4 * * *
5 Section 4. (a) The following acts and parts of acts are
6 repealed:
7 Act of March 25, 1825 (P.L.114, Ch.68), entitled "A
8 supplement to the act, entitled 'An act for the sale of goods
9 distrained for rent and to secure such goods to the persons
10 distraining the same, for the better security of rents, and for
11 other purposes therein mentioned.'"
12 Act of June 16, 1836 (P.L.755, No.191), entitled "An act
13 relating to executions."
14 Act of March 30, 1859 (P.L.318, No.318), entitled "An act for
15 the better securing the Payment of the Wages of Labor in certain
16 counties of this Commonwealth."
17 Act of February 28, 1865 (P.L.253, No.257), entitled "An act
18 relating to the determination of tenancies, in certain cases, in
19 Philadelphia."
20 Act of April 20, 1905 (P.L.239, No.178), entitled, as
21 amended, "An act providing for and defining the rights,
22 remedies, duties, and liabilities of purchasers of real estate
23 at judicial sales, and tax sales, and of their grantees, heirs
24 and devisees, and of the persons then in possession thereof."
25 Act of May 7, 1929 (P.L.1589, No.489), entitled "An act
26 relating to executions; providing that proceeding under a
27 landlord's warrant, issued previous to any execution, shall be
28 stayed pending a sale under such execution; and making claims
29 under such landlord's warrant and the costs thereof preferred
30 claims to be paid first out of the proceeds of such sale."
19860H2329B3224 - 57 -
1 Act of April 6, 1951 (P.L.69, No.20), known as The Landlord
2 and Tenant Act of 1951.
3 Act of June 2, 1959 (P.L.454, No.86), entitled "An act
4 permitting the recording of leases, subleases and agreements to
5 lease or sublease; permitting the recording of memoranda
6 thereof; prescribing the minimum contents of such memoranda;
7 prescribing the effect of recording such instruments, including
8 provisions thereof for the purchase of or refusal on the demised
9 premises; and specifying that the recording of such a memorandum
10 shall be a sufficient recording of the full lease, sublease, or
11 agreement in connection with the assignment or mortgaging of the
12 lessee's interest therein."
13 Act of January 24, 1966 (1965 P.L.1534, No.536), entitled, as
14 amended "An act providing for the suspension of the duty to pay
15 rent for dwellings certified to be unfit for human habitation in
16 cities and providing for the withholding and disposition of
17 shelter allowances."
18 Act of November 24, 1976 (P.L.1176, No.261), known as the
19 Mobile Home Park Rights Act.
20 Act of November 26, 1978 (P.L.1255, No.299), known as the
21 Utility Service Tenants Rights Act.
22 (b) All other acts and parts of acts are repealed insofar as
23 they are inconsistent with this act.
24 Section 5. This act shall take effect in 90 days.
19860H2329B3224 - 58 -
1 SOURCES NOTES
2 PREPARED BY LEGISLATIVE REFERENCE BUREAU
3 68 Pa.C.S. § 3701: Substantially a reenactment of act of
4 April 6, 1951 (P.L.69, No.20), § 101 (68 P.S. § 250.101).
5 68 Pa.C.S. § 3702: Substantially a reenactment of act of
6 April 6, 1951 (P.L.69, No.20), § 102 (68 P.S. § 250.102). The
7 definition of "constable" was added to give effect to act of
8 February 10, 1970 (P.L.2, No.2), § 2 (68 P.S. § 250.309 note).
9 68 Pa.C.S. § 3703: Substantially a reenactment of act of
10 April 6, 1951 (P.L.69, No.20), § 103(4), (5), (6) and (10) (68
11 P.S. § 250.103(4), (5), (6) and (10)). The material in
12 paragraphs (1) and (3) is codified in 68 Pa.C.S. §§ 3735 and
13 3734 respectively. Paragraphs (2), (7), (8) and (9) are omitted
14 as obsolete.
15 68 Pa.C.S. § 3704: Subsection (a) is substantially a
16 reenactment of act of April 6, 1951 (P.L.69, No.20), § 104 (68
17 P.S. § 250.104). Subsection (b) is substantially a reenactment
18 of act of April 6, 1951 (P.L.69, No.20), § 105 (68 P.S. §
19 250.105).
20 68 Pa.C.S. § 3711: Substantially a reenactment of act of
21 April 6, 1951 (P.L.69, No.20), § 201 (68 P.S. § 250.201).
22 68 Pa.C.S. § 3712: Subsections (a) and (b) are substantially
23 a reenactment of act of April 6, 1951 (P.L.69, No.20), § 202 (68
24 P.S. § 250.202). Subsection (c) is substantially a reenactment
25 of act of April 6, 1951 (P.L.69, No.20), § 203 (68 P.S. §
26 250.203).
27 68 Pa.C.S. § 3713: Substantially a reenactment of act of
28 June 2, 1959 (P.L.454, No.86), §§ 1 thru 6 (21 P.S. §§ 404 thru
29 409).
30 68 Pa.C.S. § 3714: Substantially a reenactment of act of
19860H2329B3224 - 59 -
1 April 6, 1951 (P.L.69, No.20), § 204 (68 P.S. § 250.204).
2 68 Pa.C.S. § 3715: Substantially a reenactment of act of
3 April 6, 1951 (P.L.69, No.20), § 205 (68 P.S. § 250.205).
4 68 Pa.C.S. § 3716: Substantially a reenactment of act of
5 April 6, 1951 (P.L.69, No.20), § 206 (68 P.S. § 250.206), and
6 act of January 24, 1966 (1965 P.L.1534, No.536), § 1 (35 P.S. §
7 1700-1).
8 68 Pa.C.S. § 3721: Substantially a reenactment of act of
9 April 6, 1951 (P.L.69, No.20), § 301 (68 P.S. § 250.301).
10 68 Pa.C.S. § 3722: Substantially a reenactment of act of
11 April 6, 1951 (P.L.69, No.20), § 302 (68 P.S. § 250.302).
12 68 Pa.C.S. § 3723: Substantially a reenactment of act of
13 April 6, 1951 (P.L.69, No.20), § 303 (68 P.S. § 250.303).
14 68 Pa.C.S. § 3724: Substantially a reenactment of act of
15 April 6, 1951 (P.L.69, No.20), § 304 (68 P.S. § 250.304).
16 68 Pa.C.S. § 3725: Substantially a reenactment of act of
17 April 6, 1951 (P.L.69, No.20), § 305 (68 P.S. § 250.305).
18 68 Pa.C.S. § 3726: Substantially a reenactment of act of
19 April 6, 1951 (P.L.69, No.20), § 306 (68 P.S. § 250.306).
20 68 Pa.C.S. § 3727: Substantially a reenactment of act of
21 April 6, 1951 (P.L.69, No.20), § 307 (68 P.S. § 250.307).
22 68 Pa.C.S. § 3728: Substantially a reenactment of act of
23 April 6, 1951 (P.L.69, No.20), § 308 (68 P.S. § 250.308).
24 68 Pa.C.S. § 3729: Substantially a reenactment of act of
25 April 6, 1951 (P.L.69, No.20), § 309 (68 P.S. § 250.309).
26 68 Pa.C.S. § 3730: Substantially a reenactment of act of
27 April 6, 1951 (P.L.69, No.20), § 310 (68 P.S. § 250.310).
28 68 Pa.C.S. § 3731: Substantially a reenactment of act of
29 April 6, 1951 (P.L.69, No.20), § 311 (68 P.S. § 250.311).
30 68 Pa.C.S. § 3732: Substantially a reenactment of act of
19860H2329B3224 - 60 -
1 April 6, 1951 (P.L.69, No.20), § 312 (68 P.S. § 250.312).
2 68 Pa.C.S. § 3733: Substantially a reenactment of act of
3 April 6, 1951 (P.L.69, No.20), § 313 (68 P.S. § 250.313).
4 68 Pa.C.S. § 3734: Substantially a reenactment of act of May
5 7, 1929 (P.L.1589, No.489), § 1 (68 P.S. § 322).
6 68 Pa.C.S. § 3735: Substantially a reenactment of act of
7 June 16, 1836 (P.L.755, No.191), § 83 (68 P.S. § 321).
8 68 Pa.C.S. § 3741: Substantially a reenactment of act of
9 April 6, 1951 (P.L.69, No.20), § 401 (68 P.S. § 250.401).
10 68 Pa.C.S. § 3742: Substantially a reenactment of act of
11 April 6, 1951 (P.L.69, No.20), § 402 (68 P.S. § 250.402).
12 68 Pa.C.S. § 3743: Substantially a reenactment of act of
13 April 6, 1951 (P.L.69, No.20), § 403 (68 P.S. § 250.403).
14 68 Pa.C.S. § 3744: Substantially a reenactment of act of
15 April 6, 1951 (P.L.69, No.20), § 404 (68 P.S. § 250.404).
16 68 Pa.C.S. § 3751: Substantially a reenactment of act of
17 April 6, 1951 (P.L.69, No.20), § 501 (68 P.S. § 250.501).
18 68 Pa.C.S. § 3752: Substantially a reenactment of act of
19 April 6, 1951 (P.L.69, No.20), § 511 (68 P.S. § 250.511).
20 68 Pa.C.S. § 3761: Substantially a reenactment of act of
21 April 6, 1951 (P.L.69, No.20), § 511.1 (68 P.S. § 250.511a).
22 68 Pa.C.S. § 3762: Substantially a reenactment of act of
23 April 6, 1951 (P.L.69, No.20), § 511.2 (68 P.S. § 250.511b).
24 68 Pa.C.S. § 3763: Substantially a reenactment of act of
25 April 6, 1951 (P.L.69, No.20), § 511.3 (68 P.S. § 250.511c).
26 68 Pa.C.S. § 3764: Substantially a reenactment of act of
27 April 6, 1951 (P.L.69, No.20), § 512 (68 P.S. § 250.512).
28 68 Pa.C.S. § 3771: Substantially a reenactment of act of
29 April 6, 1951 (P.L.69, No.20), § 501-A (68 P.S. § 250.551).
30 68 Pa.C.S. § 3772: Substantially a reenactment of act of
19860H2329B3224 - 61 -
1 April 6, 1951 (P.L.69, No.20), § 502-A (68 P.S. § 250.552).
2 68 Pa.C.S. § 3773: Substantially a reenactment of act of
3 April 6, 1951 (P.L.69, No.20), § 503-A (68 P.S. § 250.553).
4 68 Pa.C.S. § 3774: Substantially a reenactment of act of
5 April 6, 1951 (P.L.69, No.20), § 504-A (68 P.S. § 250.554).
6 68 Pa.C.S. § 3901: Substantially a reenactment of act of
7 November 26, 1978 (P.L.1255, No.299), § 1 (68 P.S. § 399.1).
8 68 Pa.C.S. § 3902: Substantially a reenactment of act of
9 November 26, 1978 (P.L.1255, No.299), § 2 (68 P.S. § 399.2).
10 68 Pa.C.S. § 3903: Substantially a reenactment of act of
11 November 26, 1978 (P.L.1255, No.299), § 3 (68 P.S. § 399.3).
12 68 Pa.C.S. § 3904: Substantially a reenactment of act of
13 November 26, 1978 (P.L.1255, No.299), § 5 (68 P.S. § 399.5).
14 68 Pa.C.S. § 3905: Substantially a reenactment of act of
15 November 26, 1978 (P.L.1255, No.299), § 4 (68 P.S. § 399.4).
16 68 Pa.C.S. § 3906: Substantially a reenactment of act of
17 November 26, 1978 (P.L.1255, No.299), § 6 (68 P.S. § 399.6).
18 68 Pa.C.S. § 3907: Substantially a reenactment of act of
19 November 26, 1978 (P.L.1255, No.299), § 7 (68 P.S. § 399.7).
20 68 Pa.C.S. § 3908: Substantially a reenactment of act of
21 November 26, 1978 (P.L.1255, No.299), § 8 (68 P.S. § 399.8).
22 68 Pa.C.S. § 3909: Substantially a reenactment of act of
23 November 26, 1978 (P.L.1255, No.299), § 9 (68 P.S. § 399.9).
24 68 Pa.C.S. § 3910: Substantially a reenactment of act of
25 November 26, 1978 (P.L.1255, No.299), § 11 (68 P.S. § 399.11).
26 68 Pa.C.S. § 3911: Substantially a reenactment of act of
27 November 26, 1978 (P.L.1255, No.299), § 10 (68 P.S. § 399.10).
28 68 Pa.C.S. § 3912: Substantially a reenactment of act of
29 November 26, 1978 (P.L.1255, No.299), § 12 (68 P.S. § 399.12).
30 68 Pa.C.S. § 3913: Substantially a reenactment of act of
19860H2329B3224 - 62 -
1 November 26, 1978 (P.L.1255, No.299), § 13 (68 P.S. § 399.13).
2 68 Pa.C.S. § 3914: Subsection (a) is substantially a
3 reenactment of act of November 26, 1978 (P.L.1255, No.299), § 14
4 (68 P.S. § 399.14). Subsection (b) is substantially a
5 reenactment of act of November 26, 1978 (P.L.1255, No.299), § 15
6 (68 P.S. § 399.15).
7 68 Pa.C.S. § 3915: Subsection (a) is substantially a
8 reenactment of act of November 26, 1978 (P.L.1255, No.299), § 16
9 (68 P.S. § 399.16). Subsection (b) is substantially a
10 reenactment of act of November 26, 1978 (P.L.1255, No.299), § 17
11 (68 P.S. § 399.17). Subsections (c) and (d) are substantially a
12 reenactment of act of November 26, 1978 (P.L.1255, No.299), § 18
13 (68 P.S. § 399.18).
14 68 Pa.C.S. § 4101: Substantially a reenactment of act of
15 November 24, 1976 (P.L.1176, No.261), § 1 (68 P.S. § 398.1).
16 68 Pa.C.S. § 4102: Substantially a reenactment of act of
17 November 24, 1976 (P.L.1176, No.261), § 2 (68 P.S. § 398.2).
18 68 Pa.C.S. § 4103: Substantially a reenactment of act of
19 November 24, 1976 (P.L.1176, No.261), § 3 (68 P.S. § 398.3).
20 68 Pa.C.S. § 4104: Substantially a reenactment of act of
21 November 24, 1976 (P.L.1176, No.261), § 4 (68 P.S. § 398.4).
22 68 Pa.C.S. § 4105: Substantially a reenactment of act of
23 November 24, 1976 (P.L.1176, No.261), § 6 (68 P.S. § 398.6).
24 68 Pa.C.S. § 4106: Substantially a reenactment of act of
25 November 24, 1976 (P.L.1176, No.261), § 8 (68 P.S. § 398.8).
26 68 Pa.C.S. § 4107: Substantially a reenactment of act of
27 November 24, 1976 (P.L.1176, No.261), § 9 (68 P.S. § 398.9).
28 68 Pa.C.S. § 4108: Substantially a reenactment of act of
29 November 24, 1976 (P.L.1176, No.261), § 10 (68 P.S. § 398.10).
30 68 Pa.C.S. § 4109: Substantially a reenactment of act of
19860H2329B3224 - 63 -
1 November 24, 1976 (P.L.1176, No.261), § 7 (68 P.S. § 398.7).
2 68 Pa.C.S. § 4110: Substantially a reenactment of act of
3 November 24, 1976 (P.L.1176, No.261), § 5 (68 P.S. § 398.5).
4 68 Pa.C.S. § 4111: Substantially a reenactment of act of
5 November 24, 1976 (P.L.1176, No.261), § 11 (68 P.S. § 398.11).
6 68 Pa.C.S. § 4112: Substantially a reenactment of act of
7 November 24, 1976 (P.L.1176, No.261), § 16 (68 P.S. § 398.16).
8 68 Pa.C.S. § 4113: Substantially a reenactment of act of
9 November 24, 1976 (P.L.1176, No.261), § 12 (68 P.S. § 398.12).
10 68 Pa.C.S. § 4114: Substantially a reenactment of act of
11 November 24, 1976 (P.L.1176, No.261), § 15 (68 P.S. § 398.15).
12 68 Pa.C.S. § 4115: Substantially a reenactment of act of
13 November 24, 1976 (P.L.1176, No.261), § 14 (68 P.S. § 398.14).
14 68 Pa.C.S. § 4116: Substantially a reenactment of act of
15 November 24, 1976 (P.L.1176, No.261), § 13 (68 P.S. § 398.13).
19860H2329B3224 - 64 -
1 DISPOSITION TABLE
2 (Repealed Statute Section to Codified Section)
3
4 Repealed Act Purdon's Superseding
5 Year-S-P.L.-No. Section Citation Provision
6
7 1825-0-0114-0068 1 68 PS 273 Obsolete
8 1836-0-0755-0191 83 68 PS 321 68 PaCS 3735
9 1859-0-0318-0318 3 68 PS 323 Obsolete
10 1865-0-0253-0257 1 68 PS 374 Obsolete
11 1905-0-0239-0178 13 68 PS 341 Obsolete
12 1905-0-0239-0178 14 68 PS 342 Obsolete
13 1929-0-1589-0489 1 68 PS 322 68 PaCS 3734
14 1951-0-0069-0020 101 68 PS 250.101 68 PaCS 3701
15 1951-0-0069-0020 102 68 PS 250.102 68 PaCS 3702
16 1951-0-0069-0020 103 68 PS 250.103 68 PaCS 3703
17 1951-0-0069-0020 104 68 PS 250.104 68 PaCS 3704(a)
18 1951-0-0069-0020 105 68 PS 250.105 68 PaCS 3704(b)
19 1951-0-0069-0020 201 68 PS 250.201 68 PaCS 3711
20 1951-0-0069-0020 202 68 PS 250.202 68 PaCS 3712(a)&(b)
21 1951-0-0069-0020 203 68 PS 250.203 68 PaCS 3712(c)
22 1951-0-0069-0020 204 68 PS 250.204 68 PaCS 3714
23 1951-0-0069-0020 205 68 PS 250.205 68 PaCS 3715
24 1951-0-0069-0020 206 68 PS 250.206 68 PaCS 3716(c)
25 1951-0-0069-0020 301 68 PS 250.301 68 PaCS 3721
26 1951-0-0069-0020 302 68 PS 250.302 68 PaCS 3722
27 1951-0-0069-0020 303 68 PS 250.303 68 PaCS 3723
28 1951-0-0069-0020 304 68 PS 250.304 68 PaCS 3724
29 1951-0-0069-0020 305 68 PS 250.305 68 PaCS 3725
30 1951-0-0069-0020 306 68 PS 250.306 68 PaCS 3726
31 1951-0-0069-0020 307 68 PS 250.307 68 PaCS 3727
32 1951-0-0069-0020 308 68 PS 250.308 68 PaCS 3728
33 1951-0-0069-0020 309 68 PS 250.309 68 PaCS 3729
34 1951-0-0069-0020 310 68 PS 250.310 68 PaCS 3730
35 1951-0-0069-0020 311 68 PS 250.311 68 PaCS 3731
36 1951-0-0069-0020 312 68 PS 250.312 68 PaCS 3732
37 1951-0-0069-0020 313 68 PS 250.313 68 PaCS 3733
38 1951-0-0069-0020 401 68 PS 250.401 68 PaCS 3741
39 1951-0-0069-0020 402 68 PS 250.402 68 PaCS 3742
40 1951-0-0069-0020 403 68 PS 250.403 68 PaCS 3743
41 1951-0-0069-0020 404 68 PS 250.404 68 PaCS 3744
42 1951-0-0069-0020 501 68 PS 250.501 68 PaCS 3751
43 1951-0-0069-0020 502 68 PS 250.502 Repealed
44 1951-0-0069-0020 503 68 PS 250.503 Repealed
45 1951-0-0069-0020 504 68 PS 250.504 Repealed
46 1951-0-0069-0020 505 68 PS 250.505 Repealed
47 1951-0-0069-0020 506 68 PS 250.506 Repealed
48 1951-0-0069-0020 507 68 PS 250.507 Repealed
49 1951-0-0069-0020 508 68 PS 250.508 Repealed
50 1951-0-0069-0020 509 68 PS 250.509 Repealed
51 1951-0-0069-0020 510 68 PS 250.510 Repealed
52 1951-0-0069-0020 511 68 PS 250.511 68 PaCS 3752
53 1951-0-0069-0020 511.1 68 PS 250.511a 68 PaCS 3761
54 1951-0-0069-0020 511.2 68 PS 250.511b 68 PaCS 3762
55 1951-0-0069-0020 511.3 68 PS 250.511c 68 PaCS 3763
56 1951-0-0069-0020 512 68 PS 250.512 68 PaCS 3764
57 1951-0-0069-0020 501-A 68 PS 250.551 68 PaCS 3771
58 1951-0-0069-0020 502-A 68 PS 250.552 68 PaCS 3772
59 1951-0-0069-0020 503-A 68 PS 250.553 68 PaCS 3773
19860H2329B3224 - 65 -
1 1951-0-0069-0020 504-A 68 PS 250.554 68 PaCS 3774
2 1951-0-0069-0020 601 68 PS 250.601 Repealer
3 1951-0-0069-0020 602 68 PS 250.602 Repealer
4 1959-0-0454-0086 1 21 PS 404 68 PaCS 3713(a)
5 1959-0-0454-0086 2 21 PS 405 68 PaCS 3713(b)
6 1959-0-0454-0086 3 21 PS 406 68 PaCS 3713(c)
7 1959-0-0454-0086 4 21 PS 407 68 PaCS 3713(e)
8 1959-0-0454-0086 5 21 PS 408 68 PaCS 3713(f)
9 1959-0-0454-0086 6 21 PS 409 68 PaCS 3713(d)
10 1959-0-0454-0086 7 21 PS 410 Obsolete
11 1965-0-1534-0536 1 35 PS 1700-1 68 PaCS 3716
12 1976-0-1176-0261 1 68 PS 398.01 68 PaCS 4101
13 1976-0-1176-0261 2 68 PS 398.02 68 PaCS 4102
14 1976-0-1176-0261 3 68 PS 398.03 68 PaCS 4103
15 1976-0-1176-0261 4 68 PS 398.04 68 PaCS 4104
16 1976-0-1176-0261 5 68 PS 398.05 68 PaCS 4110
17 1976-0-1176-0261 6 68 PS 398.06 68 PaCS 4105
18 1976-0-1176-0261 7 68 PS 398.07 68 PaCS 4109
19 1976-0-1176-0261 8 68 PS 398.08 68 PaCS 4106
20 1976-0-1176-0261 9 68 PS 398.09 68 PaCS 4107
21 1976-0-1176-0261 10 68 PS 398.10 68 PaCS 4108
22 1976-0-1176-0261 11 68 PS 398.11 68 PaCS 4111
23 1976-0-1176-0261 12 68 PS 398.12 68 PaCS 4113
24 1976-0-1176-0261 13 68 PS 398.13 68 PaCS 4116
25 1976-0-1176-0261 14 68 PS 398.14 68 PaCS 4115
26 1976-0-1176-0261 15 68 PS 398.15 68 PaCS 4114
27 1976-0-1176-0261 16 68 PS 398.16 68 PaCS 4112
28 1976-0-1176-0261 17 68 PS 398.17 Effective date
29 1978-0-1255-0299 1 68 PS 399.01 68 PaCS 3901
30 1978-0-1255-0299 2 68 PS 399.02 68 PaCS 3902
31 1978-0-1255-0299 3 68 PS 399.03 68 PaCS 3903
32 1978-0-1255-0299 4 68 PS 399.04 68 PaCS 3905
33 1978-0-1255-0299 5 68 PS 399.05 68 PaCS 3904
34 1978-0-1255-0299 6 68 PS 399.06 68 PaCS 3906
35 1978-0-1255-0299 7 68 PS 399.07 68 PaCS 3907
36 1978-0-1255-0299 8 68 PS 399.08 68 PaCS 3908
37 1978-0-1255-0299 9 68 PS 399.09 68 PaCS 3909
38 1978-0-1255-0299 10 68 PS 399.10 68 PaCS 3911
39 1978-0-1255-0299 11 68 PS 399.11 68 PaCS 3910
40 1978-0-1255-0299 12 68 PS 399.12 68 PaCS 3912
41 1978-0-1255-0299 13 68 PS 399.13 68 PaCS 3913
42 1978-0-1255-0299 14 68 PS 399.14 68 PaCS 3914(a)
43 1978-0-1255-0299 15 68 PS 399.15 68 PaCS 3914(b)
44 1978-0-1255-0299 16 68 PS 399.16 68 PaCS 3915(a)
45 1978-0-1255-0299 17 68 PS 399.17 68 PaCS 3915(b)
46 1978-0-1255-0299 18 68 PS 399.18 68 PaCS 3915(c)&(d)
47 1978-0-1255-0299 19 68 PS 399.19 Effective date
19860H2329B3224 - 66 -
1 DISPOSITION TABLE
2 (Repealed Purdon's Statutes Section to Codified Section)
3
4 Repealed Act Purdon's Superseding
5 Year-S-P.L.-No. Section Citation Provision
6
7 1959-0-0454-0086 1 21 PS 404 68 PaCS 3713(a)
8 1959-0-0454-0086 2 21 PS 405 68 PaCS 3713(b)
9 1959-0-0454-0086 3 21 PS 406 68 PaCS 3713(c)
10 1959-0-0454-0086 4 21 PS 407 68 PaCS 3713(e)
11 1959-0-0454-0086 5 21 PS 408 68 PaCS 3713(f)
12 1959-0-0454-0086 6 21 PS 409 68 PaCS 3713(d)
13 1959-0-0454-0086 7 21 PS 410 Obsolete
14 1965-0-1534-0536 1 35 PS 1700-1 68 PaCS 3716
15 1951-0-0069-0020 101 68 PS 250.101 68 PaCS 3701
16 1951-0-0069-0020 102 68 PS 250.102 68 PaCS 3702
17 1951-0-0069-0020 103 68 PS 250.103 68 PaCS 3703
18 1951-0-0069-0020 104 68 PS 250.104 68 PaCS 3704(a)
19 1951-0-0069-0020 105 68 PS 250.105 68 PaCS 3704(b)
20 1951-0-0069-0020 201 68 PS 250.201 68 PaCS 3711
21 1951-0-0069-0020 202 68 PS 250.202 68 PaCS 3712(a)&(b)
22 1951-0-0069-0020 203 68 PS 250.203 68 PaCS 3712(c)
23 1951-0-0069-0020 204 68 PS 250.204 68 PaCS 3714
24 1951-0-0069-0020 205 68 PS 250.205 68 PaCS 3715
25 1951-0-0069-0020 206 68 PS 250.206 68 PaCS 3716(c)
26 1951-0-0069-0020 301 68 PS 250.301 68 PaCS 3721
27 1951-0-0069-0020 302 68 PS 250.302 68 PaCS 3722
28 1951-0-0069-0020 303 68 PS 250.303 68 PaCS 3723
29 1951-0-0069-0020 304 68 PS 250.304 68 PaCS 3724
30 1951-0-0069-0020 305 68 PS 250.305 68 PaCS 3725
31 1951-0-0069-0020 306 68 PS 250.306 68 PaCS 3726
32 1951-0-0069-0020 307 68 PS 250.307 68 PaCS 3727
33 1951-0-0069-0020 308 68 PS 250.308 68 PaCS 3728
34 1951-0-0069-0020 309 68 PS 250.309 68 PaCS 3729
35 1951-0-0069-0020 310 68 PS 250.310 68 PaCS 3730
36 1951-0-0069-0020 311 68 PS 250.311 68 PaCS 3731
37 1951-0-0069-0020 312 68 PS 250.312 68 PaCS 3732
38 1951-0-0069-0020 313 68 PS 250.313 68 PaCS 3733
39 1951-0-0069-0020 401 68 PS 250.401 68 PaCS 3741
40 1951-0-0069-0020 402 68 PS 250.402 68 PaCS 3742
41 1951-0-0069-0020 403 68 PS 250.403 68 PaCS 3743
42 1951-0-0069-0020 404 68 PS 250.404 68 PaCS 3744
43 1951-0-0069-0020 501 68 PS 250.501 68 PaCS 3751
44 1951-0-0069-0020 502 68 PS 250.502 Repealed
45 1951-0-0069-0020 503 68 PS 250.503 Repealed
46 1951-0-0069-0020 504 68 PS 250.504 Repealed
47 1951-0-0069-0020 505 68 PS 250.505 Repealed
48 1951-0-0069-0020 506 68 PS 250.506 Repealed
49 1951-0-0069-0020 507 68 PS 250.507 Repealed
50 1951-0-0069-0020 508 68 PS 250.508 Repealed
51 1951-0-0069-0020 509 68 PS 250.509 Repealed
52 1951-0-0069-0020 510 68 PS 250.510 Repealed
53 1951-0-0069-0020 511 68 PS 250.511 68 PaCS 3752
54 1951-0-0069-0020 511.1 68 PS 250.511a 68 PaCS 3761
55 1951-0-0069-0020 511.2 68 PS 250.511b 68 PaCS 3762
56 1951-0-0069-0020 511.3 68 PS 250.511c 68 PaCS 3763
57 1951-0-0069-0020 512 68 PS 250.512 68 PaCS 3764
58 1951-0-0069-0020 501-A 68 PS 250.551 68 PaCS 3771
59 1951-0-0069-0020 502-A 68 PS 250.552 68 PaCS 3772
19860H2329B3224 - 67 -
1 1951-0-0069-0020 503-A 68 PS 250.553 68 PaCS 3773
2 1951-0-0069-0020 504-A 68 PS 250.554 68 PaCS 3774
3 1951-0-0069-0020 601 68 PS 250.601 Repealer
4 1951-0-0069-0020 602 68 PS 250.602 Repealer
5 1825-0-0114-0068 1 68 PS 273 Obsolete
6 1836-0-0755-0191 83 68 PS 321 68 PaCS 3735
7 1929-0-1589-0489 1 68 PS 322 68 PaCS 3734
8 1859-0-0318-0318 3 68 PS 323 Obsolete
9 1905-0-0239-0178 13 68 PS 341 Obsolete
10 1905-0-0239-0178 14 68 PS 342 Obsolete
11 1865-0-0253-0257 1 68 PS 374 Obsolete
12 1976-0-1176-0261 1 68 PS 398.01 68 PaCS 4101
13 1976-0-1176-0261 2 68 PS 398.02 68 PaCS 4102
14 1976-0-1176-0261 3 68 PS 398.03 68 PaCS 4103
15 1976-0-1176-0261 4 68 PS 398.04 68 PaCS 4104
16 1976-0-1176-0261 5 68 PS 398.05 68 PaCS 4110
17 1976-0-1176-0261 6 68 PS 398.06 68 PaCS 4105
18 1976-0-1176-0261 7 68 PS 398.07 68 PaCS 4109
19 1976-0-1176-0261 8 68 PS 398.08 68 PaCS 4106
20 1976-0-1176-0261 9 68 PS 398.09 68 PaCS 4107
21 1976-0-1176-0261 10 68 PS 398.10 68 PaCS 4108
22 1976-0-1176-0261 11 68 PS 398.11 68 PaCS 4111
23 1976-0-1176-0261 12 68 PS 398.12 68 PaCS 4113
24 1976-0-1176-0261 13 68 PS 398.13 68 PaCS 4116
25 1976-0-1176-0261 14 68 PS 398.14 68 PaCS 4115
26 1976-0-1176-0261 15 68 PS 398.15 68 PaCS 4114
27 1976-0-1176-0261 16 68 PS 398.16 68 PaCS 4112
28 1976-0-1176-0261 17 68 PS 398.17 Effective date
29 1978-0-1255-0299 1 68 PS 399.01 68 PaCS 3901
30 1978-0-1255-0299 2 68 PS 399.02 68 PaCS 3902
31 1978-0-1255-0299 3 68 PS 399.03 68 PaCS 3903
32 1978-0-1255-0299 4 68 PS 399.04 68 PaCS 3905
33 1978-0-1255-0299 5 68 PS 399.05 68 PaCS 3904
34 1978-0-1255-0299 6 68 PS 399.06 68 PaCS 3906
35 1978-0-1255-0299 7 68 PS 399.07 68 PaCS 3907
36 1978-0-1255-0299 8 68 PS 399.08 68 PaCS 3908
37 1978-0-1255-0299 9 68 PS 399.09 68 PaCS 3909
38 1978-0-1255-0299 10 68 PS 399.10 68 PaCS 3911
39 1978-0-1255-0299 11 68 PS 399.11 68 PaCS 3910
40 1978-0-1255-0299 12 68 PS 399.12 68 PaCS 3912
41 1978-0-1255-0299 13 68 PS 399.13 68 PaCS 3913
42 1978-0-1255-0299 14 68 PS 399.14 68 PaCS 3914(a)
43 1978-0-1255-0299 15 68 PS 399.15 68 PaCS 3914(b)
44 1978-0-1255-0299 16 68 PS 399.16 68 PaCS 3915(a)
45 1978-0-1255-0299 17 68 PS 399.17 68 PaCS 3915(b)
46 1978-0-1255-0299 18 68 PS 399.18 68 PaCS 3915(c)&(d)
47 1978-0-1255-0299 19 68 PS 399.19 Effective date
C3L68CM/19860H2329B3224 - 68 -