THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WAGNER, K. BOYLE, CALTAGIRONE, D. COSTA, DAVIS, FABRIZIO, GOODMAN, KULA, LONGIETTI, MANN, MATZIE, MULLERY, MUNDY, MURPHY, M. O'BRIEN, PYLE, READSHAW, K. SMITH, STURLA, SWANGER, YOUNGBLOOD AND DAVIDSON, FEBRUARY 3, 2011

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 2, 2011   

AN ACT

Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An

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act relating to the rights, obligations and liabilities of

landlord and tenant and of parties dealing with them and

amending, revising, changing and consolidating the law

relating thereto," adding a prohibition relating to assigning

rent rebates.

Amending the act of June 27, 2006 (1st Sp.Sess., P.L.1873,

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No.1), entitled "An act providing for taxation by school

districts, for the State funds formula, for tax relief in

first class cities, for school district choice and voter

participation, for other school district options and for a

task force on school cost reduction; making an appropriation;

prohibiting prior authorized taxation; providing for

installment payment of taxes; restricting the power of

certain school districts to levy, assess and collect taxes;

and making related repeals," in senior citizen property tax

and rent rebate assistance, prohibiting certain use of rent

rebates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 6, 1951 (P.L.69, No.20), known

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as The Landlord and Tenant Act of 1951, is amended by adding a

section to read:

Section 203.1.  Assignment of Rebate Prohibited.--A landlord

and tenant shall not enter into a lease or agreement to assign

or pay any portion of any rebate payable under Chapter 13 of the

act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as

the Taxpayer Relief Act, to which the tenant may be entitled, to

the landlord or to the landlord's assignee or representatives.

Section 1.  The act of June 27, 2006 (1st Sp.Sess., P.L.1873,

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No.1), known as the Taxpayer Relief Act, is amended by adding a

section to read:

Section 1314.  Unlawful use of rent rebates.

(a)  General rule.--It shall be unlawful for a landlord and

tenant to enter into a lease or agreement to assign or pay any

portion of any rent rebate in lieu of property taxes to which

the tenant may be entitled to the landlord or to the landlord's

assignee or representative.

(b)  Penalties.--A landlord who violates this section shall:

(1)  Fully reimburse the tenant of any portion of a

payment that was assigned or otherwise used as payment by the

tenant to the landlord in violation of this section.

(2)  Pay to the department a penalty equal to 25% of the

total amount of the payment to which the tenant was entitled.

The penalty shall bear interest at the rate of 1.5% per month

from the date the payment was assigned or otherwise used as

payment by the tenant until the penalty is paid in full to

the department.

(c)  Enforcement.--The Attorney General shall enforce the

provisions of this section.

(d)  Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Landlord."  An owner of real property who leases property to

a tenant under a lease agreement.

"Tenant."  A person who has a possessory interest in real

property under a lease or by law.

Section 2.  This act shall take effect in 60 days.