PRINTER'S NO. 2597
No. 2034 Session of 1999
INTRODUCED BY WOGAN, McGEEHAN, KENNEY, O'BRIEN, J. TAYLOR,
LEDERER, PETRONE, READSHAW, ADOLPH, ALLEN, ARGALL,
BENNINGHOFF, BUNT, CIVERA, CLYMER, L. I. COHEN, DEMPSEY,
FICHTER, GEIST, HALUSKA, HARHAI, PIPPY, RUBLEY, SATHER,
SEYFERT, STEELMAN, STERN, STEVENSON, E. Z. TAYLOR, WOJNAROSKI
AND SAYLOR, NOVEMBER 8, 1999
REFERRED TO COMMITTEE ON URBAN AFFAIRS, NOVEMBER 8, 1999
AN ACT
1 Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
2 amended, "An act to promote public health, safety, morals,
3 and welfare by declaring the necessity of creating public
4 bodies, corporate and politic, to be known as housing
5 authorities to engage in slum clearance, and to undertake
6 projects, to provide dwelling accommodations for persons of
7 low income; providing for the organization of such housing
8 authorities; defining their powers and duties; providing for
9 the exercise of such powers, including the acquisition of
10 property by purchase, gift or eminent domain, the renting and
11 selling of property, and including borrowing money, issuing
12 bonds, and other obligations, and giving security therefor;
13 prescribing the remedies of obligees of housing authorities;
14 authorizing housing authorities to enter into agreements,
15 including agreements with the United States, the
16 Commonwealth, and political subdivisions and municipalities
17 thereof; defining the application of zoning, sanitary, and
18 building laws and regulations to projects built or maintained
19 by such housing authorities; exempting the property and
20 securities of such housing authorities from taxation; and
21 imposing duties and conferring powers upon the State Planning
22 Board, and certain other State officers and departments,"
23 providing for authority to deny admission and to evict, for a
24 private cause action, for tenant eviction and for landlord
25 debarment.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
1 Section 1. The act of May 28, 1937 (P.L.955, No.265), known
2 as the Housing Authorities Law, is amended by adding sections to
3 read:
4 Section 10.1. Specific Authority to Deny Admission or to
5 Evict.--(a) If the Authority determines that anytime during the
6 five-year period immediately preceding the date of application
7 for admission, there is evidence that anyone in the household,
8 applying for admission, engaged in any--(1) drug-related; (2)
9 violent; (3) criminal; or (4) other activity, which could
10 adversely affect the health, safety or right to the peaceful
11 enjoyment of the premises leased by other residents, whether or
12 not they were found guilty, or pleaded guilty, to any offense,
13 including but not limited to: (i) An offense under the act of
14 April 14, 1972 (P.L.233, No.64), known as "The Controlled
15 Substance, Drug, Device and Cosmetic Act;" (ii) A violation of
16 the act of June 13, 1967 (P.L.31, No.21), known as the "Public
17 Welfare Code", relating to misrepresentation, fraud or perjury;
18 (iii) Any offense equivalent to any of the above-enumerated
19 offenses under current or prior laws of this Commonwealth or any
20 offense equivalent to any of the above-enumerated offenses under
21 the statutes of any other state or of the United States; the
22 Authority shall deny such applicant admission to any housing
23 program administered by the Authority including the Federal
24 Section 8 Program of the United States Housing Act of 1937, (50
25 Stat. 888, 42 U.S.C. § 1437 et seq.).
26 (b) Evidence of the following on the part of anyone in the
27 household during the above five-year period immediately
28 preceding the date of application for admission shall also
29 constitute grounds for the denial of admission--(1) history of
30 prior evictions from other rental housing; (2) damaging
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1 property owned by a landlord which required the forfeiture by
2 the tenant of a security deposit or a portion thereof; (3) a
3 conviction or convictions for violating noise, trash, nuisance,
4 or any municipal ordinance enacted to protect the rights of
5 neighborhood residents relative to the peaceful enjoyment of
6 their property and community; (4) any prior felony
7 convictions; (5) unhealthy living or housekeeping habits; (6)
8 any activity that adversely affected the health, safety, and
9 welfare of other residents living nearby; (7) prior nonpayment
10 of rent; or (8) breach of lease terms.
11 (c) The Authority shall initiate eviction proceedings
12 immediately against any tenant of any housing program
13 administered by the Authority if the tenant or any member of the
14 tenant's household engages in drug-related, violent, criminal or
15 other activity which adversely affects the health, safety, or
16 right to the peaceful enjoyment of the premises leased by other
17 residents described in subsection (a) or (b), at any time
18 following admission, to any housing program administered by the
19 Authority, including the Federal Section 8 Program of the United
20 States Housing Act of 1937, whether Section 8 Program is
21 project-based or tenant-based, or any similar program or
22 programs which amend, supplement, replace or succeed such
23 Section 8 Program.
24 Section 10.2. Private Cause of Action; Tenant Eviction--(a)
25 Any private person who shows that his property or person is
26 adversely affected, including his right to the peaceful
27 enjoyment of same, by the action of a tenant or a member of a
28 tenant's family leasing a rental unit in property owned by an
29 Authority governed by this act, or in property owned privately,
30 for which the Authority has an administrative responsibility as
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1 a result of rent subsidies provided by the Federal or State
2 government, including the Federal Section 8 Program of the
3 United States Housing Act of 1937 (50 Stat. 888, 42 U.S.C. §
4 1437 et seq.), including but not limited to the actions as
5 described in section 10.1(a) and (b)(2), (3), (5), (6) and (8)
6 may, in addition to other remedies, institute an appropriate
7 action or proceeding to have the tenant evicted from the rental
8 unit pursuant to the act of April 6, 1951 (P.L.69, No.20), known
9 as "The Landlord and Tenant Act of 1951", if the Authority fails
10 to do so as provided in section 10.1(c).
11 (b) With the exception of a City of the First and Second
12 Class, a private person affected by the aforementioned actions
13 of a tenant or member of a tenant's family, may initiate an
14 action to evict with the district justice having jurisdiction
15 for the geographic area in which the rental property is located.
16 In the case of a City of the First Class, said action shall be
17 initiated with the municipal court and in a City of the Second
18 Class with the magistrate's court. When such an action is
19 instituted by a private person, the Authority with jurisdiction
20 for the county in which said rental property is located, shall
21 be served notice that such action has been filed by the serving
22 of a copy of the complaint on the Authority by the district
23 justice or the appropriate court.
24 (c) In addition to the cause of action provided in
25 subsection (a), any private person who has evidence that any
26 tenant, or member of a tenant's family, has obtained admission
27 to rental housing in property owned by an Authority governed by
28 this act, or in property owned privately for which the Authority
29 has an administrative responsibility as a result of rent
30 subsidies provided by the Federal or State government including
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1 the Federal Section 8 Program of the United States Housing Act
2 of 1937, in violation of section 10.1(a) and (b) may, in
3 addition to other remedies, institute an appropriate action or
4 proceeding to have the tenant evicted from the rental unit
5 pursuant to the "Landlord and Tenant Act of 1951."
6 (d) Upon a finding by the district justice; or in a city of
7 the first class, a judge in a municipal court; or in a city of
8 the second class, a judge in magistrate's court, that the tenant
9 or a member of the tenant's family did obtain admission to
10 rental housing owned by, or administered by an Authority, in
11 violation of section 10.1(a) and (b), the appropriate district
12 justice or judge shall order that the tenant be evicted pursuant
13 to the "Landlord and Tenant Act of 1951."
14 Section 10.3. Private Cause of Action; Landlord Debarment.--
15 (a) Any private person who shows that his property or person is
16 adversely affected, including his right to the peaceful
17 enjoyment of same, by the condition of a rental property
18 privately owned but over which an Authority governed by this act
19 has an administrative responsibility as a result of rent
20 subsidies provided by the Federal or State government, including
21 the Federal Section 8 Program of the United States Housing Act
22 of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.), in addition to
23 other remedies, may initiate an action with the district justice
24 having jurisdiction for the geographic area in which the rental
25 property is located; or in the case of a city of the first
26 class, with municipal court; or in a city of the second class,
27 with magistrate's court, to have the owner of said rental
28 property abate any violations of municipal housing, building,
29 fire code, nuisance or other similar ordinances.
30 (b) Upon conviction, the district justice or appropriate
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1 judge shall prescribe the same corrective actions or penalties,
2 or both, provided for in the municipal ordinance, as if the
3 complaint has been initiated by the municipality in which the
4 property is located.
5 (c) Upon conviction, said owner of the rental property shall
6 also be debarred and ineligible to contract with the Authority
7 for any housing program administered by the Authority, including
8 the Federal Section 8 Program of the United States Housing Act
9 of 1937 for a period of five years following the date of
10 conviction.
11 (d) Debarment shall not apply in any case where the landlord
12 having been found guilty initially by a district justice or in
13 the case of a city of the first class, a judge in municipal
14 court or in a city of the second class, a judge in magistrate's
15 court, has the conviction subsequently overturned on appeal.
16 Section 2. This act shall take effect in 60 days.
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