SENATE AMENDED
PRIOR PRINTER'S NOS. 742, 1913 PRINTER'S NO. 2103
No. 678 Session of 1993
INTRODUCED BY STEIGHNER, D. R. WRIGHT, COLAIZZO, MELIO,
VAN HORNE, JAROLIN, TIGUE, DURHAM, SERAFINI, BUXTON,
CORRIGAN, LEVDANSKY, OLASZ, BELFANTI, DALEY, TRELLO,
GIGLIOTTI, VEON, HALUSKA, LaGROTTA, PISTELLA, THOMAS, COY,
JOSEPHS, FARGO, GEIST, HESS, PRESTON, DERMODY, COLAFELLA,
McNALLY, DRUCE AND ITKIN, MARCH 22, 1993
SENATOR PORTERFIELD, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, IN SENATE, AS AMENDED, JUNE 14, 1993
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for landlord ratepayers and
3 tenants, for notice prior to termination of service, for
4 penalties and for remedies; further defining "public <--
5 utility"; and imposing duties upon owners of rental property.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "public utility" in section 102 <--
9 of Title 66 of the Pennsylvania Consolidated Statutes is amended
10 to read:
11 § 102. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this part which are applicable to specific
14 provisions of this part, the following words and phrases when
15 used in this part shall have, unless the context clearly
16 indicates otherwise, the meanings given to them in this section:
1 * * *
2 "Public utility."
3 (1) Any person or corporations now or hereafter owning
4 or operating in this Commonwealth equipment or facilities
5 for:
6 (i) Producing, generating, transmitting,
7 distributing or furnishing natural or artificial gas,
8 electricity, or steam for the production of light, heat,
9 or power to or for the public for compensation.
10 (ii) Diverting, developing, pumping, impounding,
11 distributing, or furnishing water to or for the public
12 for compensation.
13 (iii) Transporting passengers or property as a
14 common carrier.
15 (iv) Use as a canal, turnpike, tunnel, bridge,
16 wharf, and the like for the public for compensation.
17 (v) Transporting or conveying natural or artificial
18 gas, crude oil, gasoline, or petroleum products,
19 materials for refrigeration, or oxygen or nitrogen, or
20 other fluid substance, by pipeline or conduit, for the
21 public for compensation.
22 (vi) Conveying or transmitting messages or
23 communications, except as set forth in paragraph (2)(iv),
24 by telephone or telegraph or domestic public land mobile
25 radio service including, but not limited to, point-to-
26 point microwave radio service for the public for
27 compensation.
28 (vii) Sewage collection, treatment, or disposal for
29 the public for compensation.
30 (2) The term "public utility" does not include:
19930H0678B2103 - 2 -
1 (i) Any person or corporation, not otherwise a
2 public utility, who or which furnishes service only to
3 himself or itself.
4 (ii) Any bona fide cooperative association which
5 furnishes service only to its stockholders or members on
6 a nonprofit basis.
7 (iii) Any producer of natural gas not engaged in
8 distributing such gas directly to the public for
9 compensation.
10 (iv) Any person or corporation, not otherwise a
11 public utility, who or which furnishes mobile domestic
12 cellular radio telecommunications service.
13 (3) For the purposes of sections 2702 (relating to
14 construction, relocation, suspension and abolition of
15 crossings), 2703 (relating to ejectment in crossing cases)
16 and 2704 (relating to compensation for damages occasioned by
17 construction, relocation or abolition of crossings) and those
18 portions of sections 1501 (relating to character of service
19 and facilities), 1505 (relating to proper service and
20 facilities established on complaint) and 1508 (relating to
21 reports of accidents), as those sections or portions thereof
22 relate to safety only, a municipal authority or
23 transportation authority organized under the laws of this
24 Commonwealth shall be considered a public utility when it
25 owns or operates, for the carriage of passengers or goods by
26 rail, a line of railroad composed of lines formerly owned or
27 operated by the Pennsylvania Railroad, the Penn-Central
28 Transportation Company, the Reading Company or the
29 Consolidated Rail Corporation.
30 (4) The term "public utility" shall also include a
19930H0678B2103 - 3 -
1 manufactured housing community where the owner sells to its
2 tenants only, in a separate transaction, water or sewer
3 service and where there are ten or more lots.
4 * * *
5 Section 2. The definitions of "landlord ratepayer,"
6 "residential building" and "tenant" in section 1521 of Title 66
7 SECTION 1. THE DEFINITIONS OF "LANDLORD RATEPAYER," <--
8 "RESIDENTIAL BUILDING" AND "TENANT" IN SECTION 1521 OF TITLE 66
9 OF THE PENNSYLVANIA CONSOLIDATED STATUTES are amended and the
10 section is amended by adding definitions to read:
11 § 1521. Definitions.
12 The following words and phrases when used in this subchapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Billing month." A period of time not to exceed 35 days. The
16 bill shall not include any previously billed service furnished
17 during a period other than that covered by the current bill. If
18 previously unbilled utility service is included in the current
19 utility bill, the utility shall use an estimated bill for the
20 30-day period.
21 "Discontinuance." Any cancellation of the service contract
22 at the request of the ratepayer and in accordance with section
23 1523(b) (relating to notices before service to landlord
24 terminated).
25 "Landlord ratepayer." One or more individuals or an
26 organization listed on a gas, electric, steam, sewage or water
27 utility's records as the party responsible for payment of the
28 gas, electric, steam, sewage or water service provided to one or
29 more residential units of a residential building or mobile home
30 park of which building or mobile home park the party is not the
19930H0678B2103 - 4 -
1 sole occupant. In the event the landlord ratepayer is not the
2 party to a lease between the landlord ratepayer and the tenant,
3 the term also includes the individual or organization to whom
4 the tenant makes rental payments pursuant to a rental
5 arrangement.
6 * * *
7 "Residential building." A building containing one or more
8 dwelling units occupied by one or more tenants. The term does
9 not include nursing homes, hotels and motels or any dwelling of
10 which the landlord ratepayer is the only resident.
11 ["Tenant." Any person or group of persons whose dwelling
12 unit in a residential building or mobile home park is provided
13 gas, electricity, steam or water pursuant to a rental
14 arrangement for the dwelling unit, mobile home or plot of ground
15 within a mobile home park but who is not the ratepayer of the
16 utility which supplied the gas, electricity, steam or water.]
17 "Tenant." Any person or group of persons who are
18 contractually obligated to make rental payments to the landlord
19 ratepayer pursuant to a rental arrangement, including, but not
20 limited to, an oral or written lease with the landlord ratepayer
21 for a dwelling unit in a residential building or mobile home
22 park which is provided gas, electric, steam, sewer or water as
23 an included service under the rental agreement and who are not
24 the ratepayers of the utility which supplied the gas, electric,
25 steam, sewer or water service.
26 "Termination." The cessation of service, whether temporary
27 or permanent, without the consent of the ratepayer. For the
28 purposes of this subchapter, this term shall include cessation
29 of service at the request of the landlord ratepayer when a
30 tenant does not agree to the cessation of service.
19930H0678B2103 - 5 -
1 Section 3 2. Sections 1522, 1523 heading and (a), 1524, <--
2 1525, 1526, 1527(a), (b) and (c) and 1528 of Title 66 are
3 amended to read:
4 § 1522. Applicability of subchapter.
5 (a) General rule.--This subchapter applies to public
6 utilities as defined in paragraph (1)(i) and (ii) of the
7 definition of "public utility" in section 102 (relating to
8 definitions) and to public utility service rendered by those
9 public utilities if the premises served constitute residential
10 buildings as defined in section 1521 (relating to definitions).
11 (b) Municipal service beyond corporate limits.--
12 (1) Public utility service being furnished or rendered
13 by a municipal corporation, or by the operating agencies of
14 any municipal corporation, beyond its corporate limits shall
15 be subject to the provisions of this subchapter establishing
16 the procedures, rights, duties and remedies for the
17 [discontinuance] termination of service to landlord
18 ratepayers.
19 (2) Tenants and landlord ratepayers of a dwelling unit
20 in residential buildings or mobile home parks receiving
21 public utility service being furnished or rendered by a
22 municipal corporation, or by the operating agencies of any
23 municipal corporation, beyond its corporate limits shall be
24 subject to the provisions of this subchapter establishing the
25 procedures, rights, duties and remedies for the
26 [discontinuance] termination of service, the right of the
27 tenants to withhold rent, the prohibition of waiver and the
28 prohibition against retaliation by the landlord ratepayer
29 with respect to the public utility service.
30 § 1523. Notices before service to landlord [discontinued]
19930H0678B2103 - 6 -
1 terminated.
2 (a) Nonpayment of charges.--Except when required to prevent
3 or alleviate an emergency as defined by the commission or except
4 in the case of danger to life or property, before any
5 [discontinuance] termination of service to a landlord ratepayer
6 for nonaccess as defined by the commission in its rules and
7 regulations or nonpayment of charges, a public utility shall:
8 (1) Notify the landlord ratepayer of the proposed
9 [discontinuance] termination in writing as prescribed in
10 section 1525 (relating to delivery and contents of
11 [discontinuance] termination notice to landlord) at least 37
12 days before the date of [discontinuance] termination of
13 service.
14 (2) Notify the following agencies which serve the
15 community in which the affected premises are located[,] in
16 writing[, at the time of delivery of notice to the tenants of
17 the proposed discontinuance] not less than ten days before
18 the proposed termination of service:
19 (i) The Department of Licenses and Inspections of
20 any city of the first class.
21 (ii) The Department of Public Safety of any city of
22 the second class, second class A or third class.
23 (iii) The city or county Public Health Department
24 or, in the event that such a department does not exist,
25 the Department of Health office responsible for that
26 county.
27 (3) Notify each dwelling unit reasonably likely to be
28 occupied by an affected tenant of the proposed
29 [discontinuance] termination in writing as prescribed in
30 section 1526 (relating to delivery and contents of first
19930H0678B2103 - 7 -
1 [discontinuance] termination notice to tenants) at least
2 seven days after notice to the landlord ratepayer pursuant to
3 this section and at least 30 days before the [discontinuance]
4 termination of service. If within seven days of [receipt of
5 the notice] delivery or mailing of the notice to the landlord
6 issued pursuant to this section the landlord ratepayer files
7 a complaint with the commission disputing the right of the
8 utility to [discontinue] terminate service, the notice shall
9 not be rendered until the complaint has been adjudicated by
10 the commission, but the landlord ratepayer shall continue to
11 pay the undisputed portion of current bills when due pending
12 the final decision of the complaint.
13 * * *
14 § 1524. Request to landlord to identify tenants.
15 (a) Duty of public utility and landlord.--At least 37 days
16 before the termination of service, it is the duty of any public
17 utility to request from the landlord ratepayer the names and
18 addresses of the affected tenants. Upon receiving [a lawful]
19 such a request for the names and addresses of the affected
20 tenants pursuant to this subchapter, the landlord ratepayer
21 shall provide the utility with the names and addresses of every
22 affected tenant of any residential building or mobile home park
23 for which the utility is proposing to [discontinue] terminate
24 service unless within seven days of [receipt] delivery or
25 mailing of the notice the landlord ratepayer pays the amount due
26 the utility or makes an arrangement with the utility to pay the
27 balance.
28 (b) Time for providing information.--The information shall
29 be provided by the landlord ratepayer:
30 (1) within seven days of receipt of a request from a
19930H0678B2103 - 8 -
1 public utility for tenants' names under subsection (a);
2 (2) within seven days of [receipt] delivery or mailing
3 of the notice to the landlord ratepayer required by section
4 1523 (relating to notices before service to landlord
5 [discontinued); or] terminated);
6 [(2)] (3) within three days of any adjudication by the
7 commission that the landlord ratepayer must provide the
8 requested information if the landlord files a complaint with
9 the commission within seven days of receipt of the notice to
10 the landlord disputing the right of the utility to
11 [discontinue service.] terminate service; or
12 (4) upon such terms as may be ordered by a court in an
13 action brought by the utility under section 1532(b) (relating
14 to penalties).
15 (c) [Duty of public utility.--It shall be the duty of any
16 public utility to pursue any appropriate legal remedy it has in
17 order to obtain from the landlord ratepayer the names and
18 addresses of all affected tenants of a residential building or
19 mobile home park for which the utility is proposing
20 discontinuance of service to the landlord ratepayer.] Right of
21 public utility.--In the event the public utility is unable to
22 obtain the names and addresses of all affected tenants from the
23 landlord ratepayer, the public utility may pursue any
24 appropriate legal or equitable remedy it has in order to obtain
25 from the landlord ratepayer the names and addresses of all
26 affected tenants of a residential building or mobile home park
27 for which the utility is proposing termination of service to the
28 landlord ratepayer. The commission may order the public utility
29 to obtain the information from the landlord ratepayer.
30 § 1525. Delivery and contents of [discontinuance] termination
19930H0678B2103 - 9 -
1 notice to landlord.
2 (a) General rule.--The notice required to be given to a
3 landlord ratepayer pursuant to section 1523 (relating to notices
4 before service to landlord [discontinued] terminated) shall
5 contain the following information:
6 (1) The amount owed the utility by the landlord
7 ratepayer for each affected account.
8 (2) The date on or after which service will be
9 [discontinued] terminated.
10 (3) The date on or after which the company will notify
11 tenants of the proposed [discontinuance] termination of
12 service and of their rights under sections 1527 (relating to
13 right of tenants to continued service), 1529 (relating to
14 right of tenant to recover payments) and 1531 (relating to
15 retaliation by landlord prohibited).
16 (4) The obligation of the landlord ratepayer under
17 section 1524 (relating to request to landlord to identify
18 tenants) to provide the utility with the names and addresses
19 of every affected tenant or to pay the amount due the utility
20 or make an arrangement with the utility to pay the balance
21 including a statement:
22 (i) That the list must be provided or payment or
23 arrangement must be made within seven days of receipt of
24 the notice.
25 (ii) Of the penalties and liability which the
26 landlord ratepayer may incur under section 1532 (relating
27 to penalties) by failure to comply.
28 (5) The right of the landlord ratepayer to stay the
29 notification of tenants by filing a complaint with the
30 commission disputing the right of the utility to
19930H0678B2103 - 10 -
1 [discontinue] terminate service.
2 (b) Service of notice.--Any one of the following procedures
3 shall constitute effective notice to the landlord under section
4 1523:
5 (1) Notice by certified mail if the utility receives a
6 return receipt signed by the landlord ratepayer or [his
7 agent] the agent of the landlord ratepayer.
8 (2) Notice by personal service of the landlord ratepayer
9 or [his agent] the agent of the landlord ratepayer on one
10 business day and conspicuously posting at the landlord
11 ratepayer's principal place of business or the business
12 address which the landlord provided the utility as his
13 address for receiving communications.
14 (3) [After unsuccessful attempts at personal delivery on
15 two separate days, notice] Notice by first class mail [and
16 conspicuously posting at the landlord ratepayer's principal
17 place of business or the business address which the landlord
18 provided the utility as his address for receiving
19 communications.] to the landlord ratepayer only after an
20 unsuccessful attempt at personal service on one business day.
21 Notice by first class mail may occur on the same business day
22 as the attempt at personal service.
23 (4) If the landlord ratepayer's place of business is
24 located outside of this Commonwealth and no agent of the
25 landlord ratepayer is located in the State, notice by
26 certified mail and notice by first class mail to the landlord
27 ratepayer on the same business day.
28 § 1526. Delivery and contents of first [discontinuance]
29 termination notice to tenants.
30 (a) General rule.--The notice required to be given to a
19930H0678B2103 - 11 -
1 tenant pursuant to section 1523 (relating to notices before
2 service to landlord [discontinued) shall be mailed or otherwise
3 delivered to the address of each affected tenant and]
4 terminated) shall be sent by first class mail or otherwise hand-
5 delivered to each affected tenant by name at his individual
6 dwelling unit, or by unit number or unit designation, and shall
7 be posted in common areas.
8 (1) In the case when a utility does not send notice by
9 first class mail, notice shall be hand-delivered. Hand-
10 delivery shall mean two attempts at personal service on a
11 responsible individual residing within the dwelling unit, on
12 the same or separate days. Each attempt at personal service
13 must be made as follows:
14 (i) One attempt shall be made between 8 a.m. and 5
15 p.m. on any day Monday through Friday.
16 (ii) The other attempt shall be made either between
17 6 p.m. and 10 p.m. on any day Monday through Friday, or
18 between 8 a.m. and 5 p.m. on a Saturday or Sunday.
19 Each of these attempts must be made not less than four hours
20 apart. If no personal service is made on any occasion, the
21 notice must be posted on the individual dwelling unit and
22 inserted under the door if floor space allows.
23 (2) In the case where the utility cannot gain access to
24 a residential building to comply with paragraph (1), the
25 utility shall apply to court to obtain the names and send
26 notice by first class mail to the affected tenant.
27 In order to obtain the names and addresses of the affected
28 tenants and in conjunction with section 1524 (relating to
29 request to landlord to identify tenants), the utility
30 representative shall visit the affected premises within seven
19930H0678B2103 - 12 -
1 days of service of notice to the landlord ratepayer, under
2 section 1525 (relating to delivery and contents of termination
3 notice to landlord), and by personally contacting one or more of
4 the affected tenants shall attempt to obtain the names of all
5 the tenants residing in the affected premises. The notice for
6 each affected tenant for whom a name has been obtained shall be
7 sent by first class mail or otherwise hand-delivered to each
8 affected tenant by name at his individual dwelling unit by
9 address and by unit number or, if none exists, by unit
10 designation, and shall also be conspicuously posted in the
11 common areas. The notice for each affected tenant for whom a
12 name has not been obtained shall be hand-delivered to each
13 individual dwelling unit by address and unit number or, if none
14 exists, by unit designation and shall be conspicuously posted in
15 the common areas. For the purposes of this section, the term
16 "unit designation" means the geographic location of a dwelling
17 unit by floor and floor area. All notices shall contain the
18 following information:
19 (1) The date on which the notice is rendered.
20 (2) The date on or after which service will be
21 discontinued.
22 [(3) The circumstances under which service to the
23 affected tenant may be continued specifically referring to
24 the conditions set out in section 1527 (relating to right of
25 tenants to continued service).
26 (4) The bill for the 30-day period preceding the notice
27 to the tenants.
28 (5) The statutory rights of a tenant to:
29 (i) Deduct the amount of any direct payment to the
30 utility from any rent payments then or thereafter due.
19930H0678B2103 - 13 -
1 (ii) Protection against any retaliation by the
2 landlord for exercising such statutory right.
3 (iii) Recover money damages from the landlord for
4 any such retaliation.
5 (6) That tenants may make payment to the utility on
6 account of nonpayment of charges by the landlord ratepayer
7 only by check or money order drawn by the tenant to the order
8 of the utility.
9 (7) A telephone number at the utility and at the
10 commission which a tenant may call for an explanation of his
11 rights.
12 (b) Information posted by utility.--The information in
13 subsection (a) shall be posted by the utility in those common
14 areas of the residential building or mobile home park where it
15 is reasonably likely to be seen by the affected tenants. Any
16 officer or employee of the utility may at any reasonable time
17 enter the common hallways and common areas of such building for
18 the purpose of complying with the provisions of this section.]
19 (3) On each account, the bill for the billing month
20 preceding the notice to the tenants except that, in the case
21 of water and sewer service where the billing period is
22 bimonthly or quarterly, the utility shall provide an estimate
23 of costs for the previous 30-day period. Estimates shall be
24 based upon actual usage or, if actual usage is not available,
25 by determining one-twelfth of the dwelling unit's annual
26 usage.
27 (4) The following statement of the tenant's rights, the
28 words and phrases of which appear all in capital letters to
29 be printed in 12-point bold-faced type with the first letter
30 printed in upper case and the letters that follow in lower
19930H0678B2103 - 14 -
1 case and the words and phrases which do not appear all in
2 capital letters to be printed in ten-point type, with any
3 letter in upper case to remain so and the rest in lower case:
4 IMPORTANT NOTICE TO TENANTS
5 WARNING: YOUR (utility company shall insert company
6 name and type of service) MAY BE SHUT OFF ON OR AFTER
7 (date) BECAUSE (utility shall fill in reason for
8 termination). TO STOP THE SHUTOFF OF YOUR UTILITY
9 SERVICE, YOU MUST DO ONE OF THE FOLLOWING THINGS:
10 1. You can join with the other tenants to pay
11 the utility bill for the last 30 days preceding this
12 notice or you can pay the total bill yourself. Either
13 way, you do not have to pay a deposit or get credit
14 granted in your name. You will not have to pay your
15 landlord's other debts or the debts of prior tenants,
16 and the utility service will remain in the name of
17 the landlord.
18 2. You may deduct your payment to the utility
19 company from your rent due now or from future rent.
20 The utility company will tell your landlord how much
21 you paid for that utility service.
22 ADDITIONAL INFORMATION
23 1. The bill which must be paid to continue
24 service is $(amount).
25 2. Your landlord cannot punish you if you pay
26 the utility bill. Your landlord cannot raise your
27 rent, cannot evict you and cannot take action against
28 you in any other way for paying the utility bill and
29 deducting it from rent. You have a right to recover
30 money damages from the landlord for any damages or
19930H0678B2103 - 15 -
1 injury he causes you for exercising your rights as a
2 result of this notice.
3 3. You have the right to dispute the accuracy of
4 the bill and have certain other rights. If you would
5 like further information regarding these rights,
6 contact your utility at (utility shall fill in a
7 phone number and address where the tenant may get
8 further information).
9 DO YOU HAVE ANY QUESTIONS?
10 If you have any questions about your utility service,
11 please contact the utility company at (telephone
12 number and address). If, after talking about your
13 problems with the utility, you are not satisfied,
14 then call the Pennsylvania Public Utility Commission
15 at its toll-free number, which is 1-800-692-7380, or
16 write the Residential Termination Unit, Bureau of
17 Consumer Services, Pennsylvania Public Utility
18 Commission, P.O. Box 3265, Harrisburg, Pennsylvania
19 17120. YOU SHOULD CALL OR WRITE BEFORE THE SHUTOFF.
20 TO AVOID SHUTOFF, YOUR LETTER MUST BE RECEIVED BEFORE
21 THE SHUTOFF DATE.
22 The words and phrases of the foregoing notice to tenants are
23 subject to revisions due to changes in the rules, regulations
24 and laws governing this subchapter.
25 (5) That the tenant or tenants must make payment to the
26 utility on account of nonpayment of charges by the landlord
27 ratepayer by check or money order drawn by the tenant to the
28 order of the utility or by cash, and that the tenant must
29 provide, upon request, reasonable identification to the
30 utility. Reasonable identification shall include, but not be
19930H0678B2103 - 16 -
1 limited to, a driver's license, photo identification, medical
2 assistance or food stamp identification or any similar
3 document issued by any public agency which contains the name
4 and address of the tenant.
5 (b) Uniform explanation of tenants' rights and
6 responsibilities.--The commission shall direct the affected
7 utilities to develop for commission approval a uniform
8 explanation of all rights and responsibilities of tenants under
9 this subchapter. Within 180 days of the effective date of this
10 section, the uniform explanation of all rights and
11 responsibilities of tenants shall be available in a suitable
12 format for distribution by the utility company in response to
13 requests by tenants under subsection (a).
14 § 1527. Right of tenants to continued service.
15 (a) Application for continued service.--At any time before
16 or after service is [discontinued] terminated by a public
17 utility on account of nonpayment of charges by the landlord
18 ratepayer, the affected tenants may apply to the utility to have
19 service continued or resumed.
20 (b) Payment of charges by tenants.--A public utility shall
21 not [discontinue] terminate service or shall promptly resume
22 service previously [discontinued] terminated if it receives from
23 the tenants an amount equal to the bill for the affected account
24 of the landlord ratepayer for the [30-day period] billing month
25 preceding the notice to the tenants. Thereafter, the utility
26 shall notify each tenant of the total amount of the bill for the
27 second and each succeeding [period of 30 days or less] billing
28 month and, if the tenants fail to make payment of any bill
29 within 30 days of the delivery of the notice to the tenants, the
30 utility may commence [discontinuance procedures] termination of
19930H0678B2103 - 17 -
1 service, except that no [discontinuance] termination may occur
2 until 30 days after each tenant has [received written] been
3 furnished notice of the proposed [discontinuance] termination as
4 prescribed in section 1528 (relating to delivery and contents of
5 subsequent [discontinuance] termination notice to tenants). [All
6 payments of charges by tenants to a utility on account of
7 nonpayment by the landlord ratepayer shall be made by a check or
8 money order drawn by the tenant to the order of the utility.]
9 The tenant or tenants shall make payment to the utility on
10 account of nonpayment of charges by the landlord ratepayer by
11 check or money order drawn by the tenant to the order of the
12 utility or by cash. In all cases, the tenant shall provide, upon
13 request, reasonable identification to the utility. For the
14 purposes of this section, "reasonable identification" shall
15 include, but not be limited to, a driver's license, photo
16 identification, medical assistance or food stamp identification
17 or any similar document issued by any public agency which
18 contains the name and address of the tenant.
19 (c) Disposition of payment by utility.--Upon receiving any
20 payment, the utility shall notify the landlord ratepayer who is
21 liable for the utility service of the amount or amounts paid by
22 any tenant and the amount or amounts credited to the landlord's
23 bill for each tenant pursuant to this section. [In the event
24 that the tenants fail to satisfy the requirements of this
25 section to maintain or restore service and service to the
26 affected dwelling units is discontinued, the utility shall
27 refund to each tenant the amount paid by the tenant toward the
28 bill which the tenants failed to pay either upon the request of
29 the tenant or after holding the tenant's payment during 60
30 consecutive days of discontinued service, whichever occurs
19930H0678B2103 - 18 -
1 first.] Tenants requesting continued utility service under this
2 section, except those individually subscribing for service under
3 subsection (d), shall not be considered utility customers but
4 shall be considered to be acting on behalf of the landlord
5 ratepayer, who shall remain liable to the utility for service
6 provided after notice to tenants. In the event that the tenants
7 fail to satisfy the requirements of subsection (b) with regard
8 to the first billing month period preceding notice to the
9 tenant, the utility shall refund any moneys received from a
10 tenant to that tenant. Any payments made by the tenants shall be
11 applied first against the bill for the billing month preceding
12 notice to the tenants and then against bills for service
13 rendered subsequent to the bill. Upon termination of service to
14 the tenants for failure to pay the utility bill for service in
15 full for any subsequent month or upon voluntary discontinuance
16 of service at the request of the tenants, the utility shall
17 immediately refund to the tenants any amounts paid to the
18 utility for the billing period for which payment in full was not
19 remitted.
20 * * *
21 § 1528. Delivery and contents of subsequent [discontinuance]
22 termination notice to tenants.
23 Subsequent notices required to be given to a tenant pursuant
24 to section 1527 (relating to right of tenants to continued
25 service) shall be [mailed or otherwise delivered to the address
26 of] sent by first class mail or otherwise hand-delivered to each
27 affected tenant [and] by name at his individual dwelling unit,
28 by unit number or unit designation, and shall be posted in
29 common areas. Whenever the utility has been unable to obtain the
30 names and addresses of the affected tenants under section 1524
19930H0678B2103 - 19 -
1 (relating to request to landlord to identify tenants) or 1526
2 (relating to delivery of first termination notice to tenants),
3 the utility shall hand-deliver the subsequent notice of
4 termination to each affected tenant for whom a name has not been
5 obtained to the tenant's individual dwelling unit by address and
6 unit number or, if none exists, by unit designation. The notice
7 shall also be conspicuously posted in the common areas. For the
8 purposes of this section, the term "unit designation" means the
9 geographic location of a dwelling unit by floor and floor areas.
10 All notices shall contain the following information:
11 (1) The date on or after which service will be
12 [discontinued] terminated.
13 (2) The amount due, which shall include the arrearage on
14 any earlier bill due from tenants.
15 (3) A telephone number and an address at the utility and
16 at the commission which a tenant may call for an explanation
17 of his rights.
18 (4) The right of a tenant to file a complaint with the
19 commission to enforce any legal right that he may have under
20 this part.
21 Section 4 3. Title 66 is amended by adding a section to <--
22 read:
23 § 1529.1. Duty of owners of rental property.
24 (a) Notice to public utility.--It is the duty of every owner
25 of a residential building or mobile home park which contains one
26 or more dwelling units, not individually metered, to notify each
27 public utility from whom utility service is received of their
28 ownership and the fact that the premises served are used for
29 rental purposes.
30 (b) History of account.--Upon receipt of the notice provided
19930H0678B2103 - 20 -
1 in this section, if the mobile home park or residential building
2 contains one or more dwelling units not individually metered, an
3 affected public utility shall forthwith list the account for the
4 premises in question in the name of the owner, and the owner
5 shall thereafter be responsible for the payment for the utility
6 services rendered thereunto. In the case of individually metered
7 dwelling units, unless notified to the contrary by the tenant or
8 an authorized representative, an affected public utility shall
9 list the account for the premises in question in the name of the
10 owner, and the owner shall be responsible for the payment for
11 utility services to the premises.
12 (c) Failure to give notice.--Any owner of a residential
13 building or mobile home park failing to notify affected public
14 utilities as required by this section shall nonetheless be
15 responsible for payment of the utility services as if the
16 required notice had been given.
17 Section 5 4. Sections 1531(c), 1532 and 1533 of Title 66 are <--
18 amended to read:
19 § 1531. Retaliation by landlord prohibited.
20 * * *
21 (c) Presumption of retaliation.--The receipt of any notice
22 of termination of tenancy, an increase in rent or of any
23 substantial alteration in the terms of tenancy within six months
24 after the tenant has acted pursuant to section 1527 or 1529 to
25 avoid [discontinuance] termination of utility service shall
26 create a rebuttable presumption that the notice is a reprisal
27 against the tenant for exercising his rights under section 1527
28 or 1529. However, the presumption shall not arise if the notice
29 of termination of tenancy is for nonpayment of rent not withheld
30 under section 1529 or lawfully withheld under any other right
19930H0678B2103 - 21 -
1 that the tenant may have by law.
2 § 1532. Penalties.
3 (a) [Failure to identify tenants] Per diem liquidated
4 damages.--Any landlord ratepayer who fails to provide a utility
5 with the names and addresses of affected tenants [pursuant to]
6 in accordance with section 1524 (relating to request to landlord
7 to identify tenants) [shall forfeit and pay to the Commonwealth
8 a civil penalty of not more than $500 for each day of the
9 landlord ratepayer's failure to respond. The court in its
10 discretion may award the utility reasonable attorneys' fees,
11 filing fees and reasonable costs of suit for any action against
12 the landlord ratepayer which was necessary to obtain the names
13 and addresses of affected tenants pursuant to section 1524.] or
14 fails to provide reasonable access to the meter shall be deemed
15 to have caused substantial damage to the utility by thus forcing
16 a continuation of the existing utility service and, as a
17 consequence, shall be required to pay, as liquidated damages to
18 the utility, a sum of not less than $500 but not more than
19 $1,000 for each day of the landlord's failure to comply,
20 commencing with the first day of completion and exhaustion of
21 the procedures provided under section 1524(a) and (b)(1), (2)
22 and (3).
23 (b) Injunctive relief.--The utility may commence an action
24 in equity against a landlord ratepayer to obtain injunctive
25 relief compelling the landlord to furnish the names and
26 addresses of affected tenants or compelling the landlord to
27 provide access to the meter. Interference with the utility's
28 ability to terminate service without this information shall be
29 deemed sufficient proof of immediate, continuing and irreparable
30 injury to sustain injunctive relief. The court shall, in
19930H0678B2103 - 22 -
1 addition to awarding injunctive relief, render judgment in favor
2 of the utility for the total per diem liquidated damages
3 recoverable under subsection (a) together with reasonable
4 attorney fees and necessary costs of suit.
5 [(b)] (c) Tampering with posted notice.--Any person who
6 removes, interferes or tampers with a notice to tenants of
7 proposed [discontinuance] termination of service, posted
8 pursuant to section 1526 (relating to delivery and contents of
9 first [discontinuance] termination notice to tenants) commits a
10 summary offense and shall, upon conviction, be sentenced to pay
11 a fine not exceeding [$25.] $300.
12 (d) Denial of access to common areas.--Any landlord
13 ratepayer or an agent or employee who willfully denies an agent
14 or employee of the utility access to common areas of his
15 residential building for any lawful purpose under this title,
16 including, but not limited to, posting or delivering notices to
17 tenants under this subsection, shall be subject to a civil
18 penalty of not more than $500 for each day access is denied.
19 § 1533. Petition to appoint receiver.
20 (a) Appointment of receiver.--Notwithstanding the foregoing
21 sections of this chapter, when a landlord ratepayer is two or
22 more months in arrears in his utility payments, the affected
23 utility shall have the right to petition the court of common
24 pleas of the county wherein the leased premises are located to
25 appoint a receiver to collect rent payments otherwise due the
26 landlord ratepayer directly from the tenants and to pay all
27 overdue and subsequent utility bills therefrom. The provisions
28 of this section shall not be construed to supersede any tenant
29 rights or defenses under law regarding the payment of rent. This
30 right may be exercised only in those situations that involve [50
19930H0678B2103 - 23 -
1 or more rental units in which the] units which are not
2 individually metered by the utility. Upon appointment, the
3 receiver shall notify the tenants of his powers and their rights
4 under law regarding payment of rent and continued utility
5 service by first class mail, certified mail, [or] personal
6 service or posting notice in each unit in the leased premises.
7 (b) Right to continued service.--The affected utility under
8 this section shall not [discontinue] terminate utility service
9 if it receives payment from the receiver in the amount specified
10 in subsection (c)(2) within 60 days from the date notice to the
11 tenants of the appointment of the receiver is mailed or
12 delivered.
13 (c) Duty of receiver.--The receiver shall:
14 (1) collect all rents directly from the tenants;
15 (2) pay the utility bills equal to the amount due for
16 the [30-day period] billing month prior to the [tenant]
17 tenants receiving notice of the appointment of the receiver
18 and all future bills as they become due;
19 (3) after payment of the amounts in subsection (c)(2),
20 any excess moneys shall be applied pursuant to further order
21 of court; and
22 (4) return the remainder to the landlord ratepayer, less
23 the costs of the notification made to the tenants, plus a 2%
24 administrative fee.
25 (d) [Discontinuation] Termination.--The receiver shall
26 continue to collect the rents and make disbursements in the
27 manner provided in subsection (c) until the second rental period
28 [after] ends after all of the following conditions have been
29 met:
30 (1) [the] The landlord ratepayer deposits in escrow with
19930H0678B2103 - 24 -
1 the utility a sum equal to the utility charges from the two
2 highest monthly periods in the preceding 12 months[; and].
3 (2) [the] The landlord ratepayer demonstrates to the
4 satisfaction of the court of common pleas that it has the
5 financial recourses necessary to resume its obligations to
6 the utility and the tenants.
7 (3) The landlord ratepayer pays the undisputed amount of
8 all outstanding utility bills.
9 At such time rental payments will once again be made to the
10 landlord ratepayer. Notice of this change shall be made to the
11 tenants by the receiver by means of first class mail, certified
12 mail, [or] personal service[, which costs shall] or posting
13 notice in each unit in the leased premises, the costs of notice
14 to be paid by the landlord ratepayer.
15 (e) Escrow fund.--The escrow fund established under
16 subsection (d)(1) shall not be considered a prepayment of
17 utility costs and shall [only] be applied only against
18 outstanding utility bills at the time a new receiver is
19 appointed for a subsequent failure by the landlord ratepayer to
20 pay utility bills for a two-month period. [Said] The escrow fund
21 shall be returned to the landlord ratepayer not later than 90
22 days nor earlier than 60 days, after the landlord ratepayer
23 obtains a court order releasing [such funds] the fund and
24 certifying that timely payment of utility bills has been made
25 for the immediately preceding 24 consecutive months.
26 (f) Interest on funds.--Any funds held in escrow by any
27 utility shall bear interest payable to the landlord at a rate 1%
28 lower than [the maximum rate allowed by the Federal Reserve
29 Board to be paid on regular savings accounts at commercial
30 banks.] the rate actually received in a regular savings account
19930H0678B2103 - 25 -
1 at a commercial bank within the court's jurisdiction, and the
2 remaining 1% shall be remitted to the court for administrative
3 costs.
4 (g) Number of receivers.--In the event more than one utility
5 company is affected by any landlord ratepayers' failure to pay
6 utility bills, the court shall appoint the same receiver to
7 function for all aggrieved utilities.
8 Section 6 5. This act shall take effect in 60 days. <--
A25L66JRW/19930H0678B2103 - 26 -