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                                                      PRINTER'S NO. 2946

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2208 Session of 1990


        INTRODUCED BY BOYES, PESCI, GEIST, PERZEL, SCRIMENTI, GANNON AND
           TELEK, JANUARY 2, 1990

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, JANUARY 2, 1990

                                     AN ACT

     1  Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
     2     act relating to the rights, obligations and liabilities of
     3     landlord and tenant and of parties dealing with them and
     4     amending, revising, changing and consolidating the law
     5     relating thereto," providing for waterbeds.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The act of April 6, 1951 (P.L.69, No.20), known
     9  as The Landlord and Tenant Act of 1951, is amended by adding a
    10  section to read:
    11     Section 207.  Flotation Bedding Systems.--No landlord or
    12  landlord's agent may refuse to rent a residential dwelling unit
    13  to a prospective tenant or to continue to rent a residential
    14  dwelling unit to an existing tenant solely on the basis of that
    15  tenant's possession or use of a waterbed or flotation bedding
    16  system, provided the waterbed or flotation bedding system does
    17  not violate applicable building codes. The landlord may require
    18  that measures as are standard in the industry be taken to
    19  prevent the waterbed or flotation bedding system from causing


     1  any damage to any carpet or other part of the unit. The landlord
     2  may require the tenant to carry, in the tenant's name, flotation
     3  insurance as is standard in the industry in an amount reasonable
     4  to protect the tenant and owner against personal injury and
     5  property damage to the dwelling units. In any case, the policy
     6  shall carry a loss payable clause to the owner of the building.
     7  Notwithstanding anything in this section to the contrary, a
     8  landlord may prohibit a tenant from using a waterbed or
     9  flotation bedding system if there is a reasonable expectation by
    10  the landlord that the waterbed or flotation bedding system may
    11  exceed the allowable structural loading for the unit, unless the
    12  tenant can ascertain to the contrary.
    13     Section 2.  This act shall take effect in 60 days.












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