PRINTER'S NO. 535
No. 502 Session of 2005
INTRODUCED BY GREENLEAF, PILEGGI, KITCHEN, EARLL, COSTA,
KASUNIC, LEMMOND, BOSCOLA, LOGAN, MUSTO, TARTAGLIONE,
ERICKSON AND STACK, MARCH 29, 2005
REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 29, 2005
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," requiring the disclosure of flood history
6 in leases of residential real property.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of April 6, 1951 (P.L.69, No.20), known
10 as The Landlord and Tenant Act of 1951, is amended by adding a
11 section to read:
12 Section 207. Disclosure of Flood History.--(a) Prior to
13 entering into a lease of residential real property, the landlord
14 shall disclose to the prospective tenant whether the residential
15 real property is located in a flood zone or wetlands area and
16 the residential real property's flood history including the
17 frequency and the extent of flooding.
18 (b) The prospective tenant shall sign a form, separate and
19 apart from the lease, acknowledging receipt of this disclosure.
1 (c) (1) A lease of residential real property shall not be
2 invalidated solely because of the failure of any person to
3 comply with the provisions of this section. However, any
4 person who wilfully or negligently violates the provisions of
5 this section shall be liable in the amount of actual damages
6 suffered by the tenant as a result of the violation.
7 (2) This subsection shall not be construed so as to
8 restrict or expand the authority of a court to impose
9 punitive damages or apply other remedies applicable under any
10 other provision of law.
11 Section 2. This act shall take effect in 120 days.
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