PRIOR PRINTER'S NO. 928 PRINTER'S NO. 1883
No. 810 Session of 2007
INTRODUCED BY BISHOP, FABRIZIO, HENNESSEY, HORNAMAN, KIRKLAND,
KULA, MUNDY, PALLONE, SOLOBAY, THOMAS, WHEATLEY, YOUNGBLOOD,
GIBBONS, K. SMITH, KORTZ, JAMES AND CALTAGIRONE,
MARCH 19, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 12, 2007
AN ACT
1 Requiring landlords to grant medical access; providing for
2 termination of residential leases for terminal or mental
3 illness; and making an inconsistent repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Residential
8 Lease Protection for Illness Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Certified illness." Terminal or mental illness certified by
14 a LICENSED physician. <--
15 "CONTINUING TREATMENT." EITHER TREATMENT ON TWO OR MORE <--
16 OCCASIONS OR TREATMENT ON AT LEAST ONE OCCASION RESULTING IN A
17 REGIMEN OF CONTINUING TREATMENT.
1 "DWELLING." A UNIT FOR RESIDENTIAL USE AND OCCUPANCY AND THE
2 STRUCTURE OF WHICH IT IS A PART.
3 "LANDLORD." ANY OF THE FOLLOWING:
4 (1) THE OWNER, LESSOR OR SUBLESSOR OF RESIDENTIAL
5 PREMISES.
6 (2) THE AGENT OF THE OWNER, LESSOR OR SUBLESSOR UNDER
7 PARAGRAPH (1).
8 (3) ANY PERSON AUTHORIZED BY THE OWNER, LESSOR OR
9 SUBLESSOR UNDER PARAGRAPH (1) TO MANAGE THE PREMISES OR TO
10 RECEIVE RENT FROM A TENANT UNDER A RENTAL AGREEMENT.
11 "MENTAL ILLNESS." A CONDITION CERTIFIED BY A LICENSED
12 PSYCHIATRIST THAT RENDERS A PERSON UNABLE TO PERFORM THEIR JOB
13 DUTIES AND UNABLE TO ADJUST TO OTHER WORK DUE TO THEIR MENTAL
14 CONDITION WHICH REQUIRES CONTINUING TREATMENT BY A HEALTH CARE
15 PROVIDER.
16 "PERSON." NATURAL PERSONS, COPARTNERSHIPS, ASSOCIATIONS,
17 PRIVATE AND PUBLIC CORPORATIONS, THE COMMONWEALTH AND ANY OF ITS
18 POLITICAL SUBDIVISIONS AND AGENCIES.
19 "TENANT." A PERSON ENTITLED UNDER A RENTAL AGREEMENT TO THE
20 USE AND OCCUPANCY OF RESIDENTIAL PREMISES TO THE EXCLUSION OF
21 OTHERS.
22 Section 3. Scope.
23 This act shall apply to residential leases.
24 Section 4. Access BY AUTHORIZED PERSONS. <--
25 If a tenant has a certified illness, the landlord shall <--
26 provide for access to the tenant's dwelling by a person
27 designated in writing by the tenant or the tenant's physician.
28 (A) PROVISION OF ACCESS.--A LANDLORD SHALL PROVIDE ACCESS TO <--
29 THE TENANT'S DWELLING BY A PERSON DESIGNATED IN ANY OF THE
30 FOLLOWING MANNERS:
20070H0810B1883 - 2 -
1 (1) UNDER A DURABLE POWER OF ATTORNEY.
2 (2) BY AN ATTORNEY-IN-FACT.
3 (3) BY THE TENANT OR APPOINTED GUARDIAN OF THE TENANT.
4 (B) CERTIFICATION.--THE DESIGNATION OR APPOINTMENT UNDER
5 SUBSECTION (A) SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
6 TENANT'S ILLNESS SIGNED BY A LICENSED PHYSICIAN.
7 Section 5. Termination.
8 (a) General rule.--A tenant with a certified illness may
9 terminate the tenant's lease upon one month's written notice if <--
10 the tenant did not have knowledge or reason to know about the
11 illness at the time the tenant entered into the lease. The
12 written notice must contain the physician's certification.
13 TERMINATE A RESIDENTIAL LEASE UPON 30 DAYS' WRITTEN NOTICE GIVEN <--
14 BY THE TENANT, AN AUTHORIZED AGENT OF THE TENANT UNDER A DURABLE
15 POWER OF ATTORNEY OR A COURT-APPOINTED GUARDIAN. THE WRITTEN
16 NOTICE MUST CONTAIN THE PHYSICIAN'S CERTIFICATION. THE
17 PROVISIONS OF THIS SUBSECTION MAY ONLY BE INVOKED IF THE TENANT
18 DID NOT KNOW OR HAVE REASON TO KNOW ABOUT THE ILLNESS AT THE
19 TIME THE TENANT ENTERED INTO THE LEASE.
20 (b) Applicability.--This section shall apply to RESIDENTIAL <--
21 leases entered into or renewed on or after the effective date of
22 this act SECTION. <--
23 Section 6. Repeal.
24 The act of April 6, 1951 (P.L.69, No.20), known as The
25 Landlord and Tenant Act of 1951, is repealed insofar as it is
26 inconsistent with this act.
27 Section 7. Effective date.
28 This act shall take effect in 60 days.
A9L68SFL/20070H0810B1883 - 3 -