PRIOR PRINTER'S NOS. 1543, 3484 | PRINTER'S NO. 3539 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 1218 | Session of 2013 |
INTRODUCED BY SAYLOR, AUMENT, V. BROWN, CALTAGIRONE, COHEN, D. COSTA, DAVIS, FLECK, FREEMAN, GINGRICH, C. HARRIS, HELM, HENNESSEY, JAMES, KIRKLAND, KORTZ, LONGIETTI, MARSHALL, MILLARD, R. MILLER, MUNDY, PASHINSKI, PICKETT, QUINN, ROCK, SCHLOSSBERG, SWANGER, TOOHIL, WATSON, FARRY AND MURT, APRIL 17, 2013
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 6, 2014
AN ACT
1Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2act relating to the rights, obligations and liabilities of
3landlord and tenant and of parties dealing with them and
4amending, revising, changing and consolidating the law
5relating thereto," further providing for appeal by tenant to
6common pleas court; and providing for death of a tenant, for
7early termination of leases by individuals with disabilities
8and senior citizens and for early release or termination of
9lease because of domestic violence, sexual assault or
10stalking.
11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:
13Section 1. Section 513(b) and (e) of the act of April 6,
141951 (P.L.69, No.20), known as The Landlord and Tenant Act of
151951, amended July 6, 1995 (P.L.253, No.33), are amended to
16read:
17Section 513. Appeal by Tenant to Common Pleas Court.--* * *
18(b) Within ten days after the rendition of judgment by a
19lower court arising out of residential lease or within thirty
1days after a judgment by a lower court arising out of a
2nonresidential lease or a residential lease involving a victim
3of domestic violence, sexual assault or stalking, either party
4may appeal to the court of common pleas, and the appeal by the
5tenant shall operate as a supersedeas only if the tenant pays in
6cash or bond the amount of any judgment rendered by the lower
7court or is a victim of domestic violence, sexual assault or
8stalking and pays in cash any rent which becomes due during the
9court of common pleas proceedings within ten days after the date
10each payment is due into an escrow account with the prothonotary
11or the supersedeas shall be summarily terminated.
12* * *
13(e) As used in this section, the following words and phrases
14shall have the meanings given to them in this subsection:
15"Lower court." District justice, magistrate or any other
16court having jurisdiction over landlord and tenant matters,
17excluding a court of common pleas.
18"Victim of domestic violence, sexual assault or stalking." A
19person who has obtained a protection from abuse order against
20another individual, can provide one of the documents required
21under section 502-C(b)(2) or can provide other suitable evidence
22as the court shall direct.
23Section 2. The act is amended by adding sections to read:
24Section 514. Death of Tenant.--(a) Notwithstanding any
25other provision of this act or law, and if the deceased tenant
26is the sole tenant of the residential unit, the executor or
27administrator of the estate of a tenant who dies during the term
28of a residential lease shall have the option to terminate the
29lease upon fourteen days' written notice to the landlord on the
30later of:
1(1) The last day of the calendar month that immediately
2follows the calendar month in which the tenant died; or
3(2) upon surrender of the rental unit and removal of all of
4the tenant's personal property.
5(b) Nothing under this section shall be construed to relieve
6the tenant's estate of liability for rent money or any other
7debt incurred prior to the date of termination of the lease,
8including any expenses the landlord may incur as a direct result
9of the tenant's death, except that the tenant's estate shall not
10be liable for damages or any other penalty for breach or
11inadequate notice as a result of terminating a lease under
12subsection (a).
13Section 515. Early Termination of Leases by Individuals with
14Disabilities and Senior Citizens.--(a) Notwithstanding any
15other provision of this act or law, a tenant of a residential
16unit <-who <-may terminate the lease prior to the date provided in
17the lease by providing the landlord of the residential unit with
18the information specified in subsection (b) if the tenant:
19(1) has a disability or is a senior citizen; and
20(2) is either:
21(i) awaiting admission and subsequently moves to a health
22care facility; or
23(ii) needs to move and subsequently moves to a family
24member's residence for the express purpose of receiving care
25from a home health care agency for a period of no less than six
26months <-may terminate the lease prior to the date provided in the
27lease by providing the landlord of the residential unit with the
28information specified in subsection (b).
29(b) The following information must be submitted to a
30landlord:
1(1) written notice delivered to the landlord sixty days
2prior to the proposed early termination date informing the
3landlord of the tenant's required admission and move to a health
4care facility or need to move to a family member's residence for
5the express purpose of receiving care from a home health care
6agency for a period of no less than six months;
7(2) certified documentation signed by a licensed physician
8indicating that the tenant, due to medical reasons, is unable to
9continue to live independently in the residential unit and
10requires admission to a health care facility or needs to receive
11care from a home health care agency for a period of no less than
12six months; and
13(3) if applicable, a notarized statement from the tenant's
14family member attesting to the fact that the tenant is a
15relative and will be moving into the family member's residence
16to receive care from a home health care agency for a period of
17no less than six months.
18(c) Nothing under this section shall be construed to relieve
19a tenant to which this section applies of liability for rent or
20any other debt incurred under a lease prior to the termination
21date provided in the <-lease <-notice under subsection (b).
22(d) For the purposes of this section, the following words
23shall have the meanings ascribed to them in this subsection
24unless the context otherwise indicates:
25"Disability." A physical or mental impairment that
26substantially limits one or more major life activities.
27"Health care facility." Any general, chronic disease or
28other type of hospital, personal care home, home health care
29agency, hospice or long-term care nursing facility.
30"Senior citizen." Any person who has attained the age of 62
1years of age or older, or will attain such age during the term
2of an agreement in which the person is a tenant of a residential
3unit.
4Section 3. The act is amended by adding an article to read:
5ARTICLE V-C
6TENANTS' RIGHTS IN CASES OF
7DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING
8Section 501-C. Definitions.
9The following words and phrases when used in this article
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:
12"Attesting third party." A law enforcement official,
13licensed health-care professional, victim's advocate or victim-
14services provider that had contact with a tenant or an immediate
15family member who is a victim of domestic violence, sexual
16assault or stalking.
17"Domestic violence." Behavior for which a police officer may
18arrest an individual without a warrant under 18 Pa.C.S. §
192711(a) (relating to probable cause arrests in domestic violence
20cases).
21"Dwelling unit." Either of the following:
22(1) if a structure has two or more units to be leased,
23the designated unit within the structure, together with the
24fixtures and appurtenances, to be used as the home, residence
25or sleeping place by an individual or two or more individuals
26who maintain a common household regardless of their
27relationship to each other. Unless the lease provides
28otherwise, the term excludes an area associated with the
29structure but exterior to it such as a parking area, grounds
30or a common area within the structure such as a hallway,
1entrance or basement; or
2(2) if a structure has only one unit to be leased, the
3structure, together with the fixtures, facilities and
4appurtenances, to be used as the home, residence or sleeping
5place by an individual or two or more individuals who
6maintain a common household, regardless of their relationship
7to each other. Unless the lease provides otherwise, the term
8excludes an area associated with the structure but exterior
9to it such as a parking area, detached garage, other building
10or grounds.
11"Immediate family member." Any of the following who
12habitually reside in a dwelling unit with a tenant:
13(1) an individual related to the tenant by blood,
14adoption or marriage;
15(2) an individual having an intimate relationship with
16the tenant; or
17(3) a foster child, stepchild or ward of the tenant or
18of an individual named in paragraph (1) or (2).
19"Premises." A dwelling unit and the structure of which it is
20a part if the structure has two or more units to be leased. The
21term includes the exterior or interior areas:
22(1) associated with the structure that are excluded from
23the definition of "dwelling unit," including the fixtures,
24facilities and appurtenances; and
25(2) held out for the use of tenants generally or the use
26of which is promised to the tenant.
27"Stalking." Conduct that constitutes an offense under 18
28Pa.C.S. § 2709.1(a) (relating to stalking).
29"Tenant." A person entitled to possession of a dwelling unit
30under a lease. The term includes an assignee, sublessee and, if
1the tenant is not an individual, an individual the tenant
2authorized to occupy the dwelling unit. If the tenant is an
3individual, the term excludes a person who occupies the dwelling
4unit with the individual's permission that is not a party to the
5lease and does not pay rent.
6"Victim advocate." An individual, whether paid or serving as
7a volunteer, who provides services to victims of domestic
8violence, sexual assault or stalking under the auspices or
9supervision of a victim-services provider or a court or a law
10enforcement or prosecution agency.
11"Victim-services provider." A person that assists victims of
12domestic violence, sexual assault or stalking. The term includes
13a rape crisis center, domestic violence shelter, faith-based
14organization or other organization with a documented history of
15work concerning domestic violence, sexual assault or stalking.
16Section 502-C. Early release or termination of lease.
17(a) Possible release.--If as the result of an act of
18domestic violence, sexual assault or stalking a tenant or an
19immediate family member has a reasonable fear of further acts of
20domestic violence, sexual assault or stalking by continued
21residence in the dwelling unit, the tenant may be released by
22giving a notice that complies with subsection (b).
23(b) Required release.--A tenant shall be released from a
24lease if the tenant gives the landlord:
25(1) a written notice signed by the tenant of the
26tenant's intent to be released from the lease as of a
27specific date. The notice must be given at least 30 days
28prior to the date the tenant intends to terminate the lease;
29and
30(2) one of the following:
1(i) a copy of a valid outstanding temporary or
2permanent court order that restrains a perpetrator from
3contact with the tenant or an immediate family member;
4(ii) other evidence of domestic violence, sexual
5assault or stalking against the tenant or an immediate
6family member, including but not limited to police
7reports, medical records or court documents relating to
8the tenant's or immediate family member's victimization;
9or
10(iii) a written verification signed by the tenant
11and an attesting third party that complies with the
12provisions of section 503-C.
13(c) Termination for a single tenant.--If the tenant is the
14only tenant who is a party to the lease, the lease terminates on
15the date specified in the notice given by the tenant under
16subsection (b)(1). The tenant is not liable for rent or other
17obligations under the lease accruing after the termination.
18(d) Termination for multiple tenants.--If there are multiple
19tenants that are parties to the lease, the release of one tenant
20under this section does not terminate the lease with respect to
21other tenants, except as may otherwise be provided in section
22505-C(a)(2). The landlord is not required to return to the
23released tenant or a remaining tenant a security deposit or
24unearned prepaid rent until the lease terminates with respect to
25all tenants.
26Section 503-C. Verification.
27(a) Requirements.--A verification provided by a tenant under
28section 502-C(b)(2)(iii) shall include the following:
29(1) From the tenant:
30(i) the tenant's name and address of the dwelling
1unit;
2(ii) the approximate dates during which the domestic
3violence, sexual assault or stalking occurred, including
4the most recent date;
5(iii) a statement that because of the acts of
6domestic violence, sexual assault or stalking, the tenant
7or an immediate family member has a reasonable fear that
8the tenant or immediate family member will suffer further
9acts of domestic violence, sexual assault or stalking by
10continued residence in the dwelling unit;
11(iv) the proposed date for the release of the tenant
12from the lease; and
13(v) a statement that the tenant understands that the
14statements could be used in court and that the tenant
15could be liable for perjury as well as the damages
16provided in subsection (b) for making false statements in
17the verification.
18(2) From an attesting third party:
19(i) the name, business address and business
20telephone number of the attesting third party;
21(ii) the capacity in which the attesting third party
22received the information regarding the domestic violence,
23sexual assault or stalking; and
24(iii) a statement that the attesting third party:
25(A) read the tenant's verification and has been
26advised by the tenant that the tenant or an immediate
27family member is the victim of domestic violence,
28sexual assault or stalking and has a reasonable fear
29that the tenant or the immediate family member will
30suffer further acts of domestic violence, sexual
1assault or stalking by continued residence in the
2dwelling unit;
3(B) believes the tenant; and
4(C) understands that the verification may be
5used as the basis for releasing the tenant from a
6lease.
7(b) False statements.--If a tenant submits to a landlord a
8verification containing false statements made by the tenant or
9false statements made by an attesting third party that the
10tenant knew to be false, the court may award the landlord an
11amount up to three months' rent or triple actual damages,
12whichever is greater, costs and reasonable attorney fees.
13Section 504-C. Landlord's obligations.
14(a) Complying tenant.--If a tenant complies with section
15502-C, the landlord:
16(1) except as provided in section 502-C(d), shall return
17to the tenant the amount of a security deposit and unearned
18prepaid rent, to which the tenant is entitled;
19(2) may not assess a fee or other penalty against the
20tenant solely for exercising a right granted under this
21article; and
22(3) may not disclose information required to be reported
23to the landlord under section 502-C unless:
24(i) the tenant provides specific time-limited and
25contemporaneous consent to the disclosure in writing; or
26(ii) the information is required to be disclosed by
27a court order or by law other than this article.
28(b) Refusal to release.--If a landlord refuses to release a
29tenant who is entitled to be released from a lease under section
30502-C, the court shall award the tenant an amount equal to three
1months' rent or triple actual damages, whichever is greater,
2costs and reasonable attorney fees.
3Section 505-C. Effect on perpetrator.
4(a) Recovery of damages.--A landlord may recover from a
5perpetrator actual damages resulting from a tenant's exercise of
6a right under section 502-C. If the perpetrator is a party to
7the lease, the landlord may:
8(1) except as otherwise provided in section 507-C(b),
9allow the perpetrator to remain in possession of the dwelling
10unit in which event the perpetrator shall be liable for
11future rent payable and other obligations of a tenant under
12the lease; or
13(2) terminate the perpetrator's interest under the lease
14by written notice to the perpetrator at least five days prior
15to the termination date specified in the notice and bring an
16action for possession against the perpetrator if the
17perpetrator fails to vacate the dwelling unit on the
18specified termination date.
19(b) Limitation.--A perpetrator is not entitled to damages
20resulting from a good faith exercise of a right granted to a
21tenant or a landlord under section 502-C or 508-C or this
22section.
23Section 506-C. Change of locks.
24(a) Right to request.--Subject to subsections (b) and (c),
25if a tenant or an immediate family member has been the victim of
26domestic violence, sexual assault or stalking and the tenant has
27a reasonable fear that the perpetrator or another individual
28acting on the perpetrator's behalf may attempt to gain access to
29the dwelling unit, the tenant may ask the landlord to change the
30locks or other security devices for the dwelling unit.
1(b) Duty of landlord and expense.--Not later than three days
2after receiving a request under subsection (a) or sooner if
3commercially reasonable to do so, the landlord shall change the
4locks or security devices at the tenant's expense.
5(c) Right of tenant.--If the landlord fails to act in a
6timely manner, the tenant may change the locks or other security
7devices at the landlord's expense without the landlord's
8consent. In that event, the tenant shall provide a key or other
9means of access to the new locks or security devices to the
10landlord and to any other tenant, other than the perpetrator,
11that is a party to the lease.
12(d) Right of landlord.--If the locks or other security
13devices are changed under subsection (c), the landlord may
14change them a second time, at the landlord's expense, to ensure
15compatibility with the landlord's master key or other means of
16access or otherwise accommodate the landlord's reasonable
17commercial needs.
18(e) Prohibition.--If a perpetrator is a party to the lease,
19the locks or other security devices may not be changed under
20subsection (b) or (c) unless there is a court order expressly
21requiring the perpetrator to vacate the dwelling unit or a court
22order expressly prohibiting the perpetrator from having any
23contact with the tenant or an immediate family member and a copy
24of the order has been provided to the landlord.
25(f) Limitation.--A perpetrator is not entitled to damages or
26other relief against a landlord or a tenant who complies in good
27faith with this section.
28Section 507-C. Effect of court order to vacate.
29(a) Landlord and tenant.--Upon issuance of a court order
30requiring a perpetrator to vacate a dwelling unit, the landlord
1and a tenant do not have a duty to:
2(1) allow the perpetrator access to the unit unless
3accompanied by a law enforcement officer; or
4(2) provide the perpetrator with a key or other access
5to the dwelling unit.
6(b) Lease interest of perpetrator.--If the perpetrator who
7is the subject of the court order described in subsection (a) is
8a party to the lease, the perpetrator's interest under the lease
9shall terminate and the landlord and any other tenants remaining
10in the dwelling unit shall be entitled to actual damages from
11the perpetrator as a result of the termination. The termination
12of the perpetrator's interest in the lease shall not affect the
13rights and obligations under the lease of any other tenants
14remaining in the dwelling unit.
15(c) Duty of landlord.--Upon termination of a perpetrator's
16interest under a lease under subsection (b), the landlord shall
17return to the perpetrator, if the perpetrator was the only
18tenant under the lease, a security deposit and unearned rent, to
19which the perpetrator is entitled following the termination.
20The landlord's obligation to return a security deposit to a
21perpetrator under this subsection is subject to the landlord's
22claim for damages against the perpetrator as a result of the
23termination or for any other claim the landlord may have with
24respect to the security deposit under other provisions of the
25lease.
26Section 508-C. Limitation on landlord's conduct.
27(a) Prohibitions.--Except as provided in subsection (c), a
28landlord may not increase or threaten to increase the rent,
29security deposit or fees payable under a lease, decrease or
30threaten to decrease services required under the lease or this
1article, terminate or threaten to terminate a lease, refuse to
2renew a lease, serve or threaten to serve a notice to terminate
3a periodic tenancy, bring or threaten to bring an action for
4possession, refuse to let a dwelling unit or impose different
5rules or selectively enforce the landlord's rules:
6(1) primarily because the tenant or an immediate family
7member is or has been the victim of domestic violence, sexual
8assault or stalking;
9(2) because of a violation of the terms of the lease or
10the provisions of this article by the tenant resulting from
11the incident of domestic violence, sexual assault or stalking
12against the tenant or an immediate family member; or
13(3) because of criminal activity relating to domestic
14violence, sexual assault or stalking against the tenant or an
15immediate family member or a police or emergency response to
16a good faith complaint of activities relating to domestic
17violence, sexual assault or stalking against the tenant or an
18immediate family member.
19(b) Right of landlord.--A landlord may terminate a lease if
20the landlord provided a tenant with a written notice signed by
21the landlord regarding a perpetrator's behavior relating to
22domestic violence, sexual assault or stalking against the tenant
23or an immediate family member, and subsequently:
24(1) the tenant invites the perpetrator onto the premises
25or, without the landlord's consent, allows the perpetrator to
26occupy the dwelling unit; and
27(2) the perpetrator damages the premises, harms another
28individual on the premises or otherwise disturbs the use and
29enjoyment of the premises by another tenant of the dwelling
30unit or of another dwelling unit in the premises.
1(c) Willful violation.--If a landlord willfully violates
2this section:
3(1) the tenant may:
4(i) terminate the lease;
5(ii) defend an action for possession on the ground
6that the landlord willfully violated this section; or
7(iii) obtain appropriate injunctive relief; and
8(2) the court shall award the tenant an amount equal to
9three months' rent or triple actual damages, whichever is
10greater.
11(d) Definition.--As used in this section, the term "tenant"
12shall include an individual seeking to enter into a lease with a
13landlord.
14Section 509-C. Termination of perpetrator's interest under
15lease without court order.
16(a) General rule.--If a tenant is the perpetrator of an act
17of domestic violence, sexual assault or stalking against any
18occupant of the premises, the landlord may terminate the
19perpetrator's interest under a lease by giving the perpetrator a
20written notice signed by the landlord that:
21(1) states the landlord's intent to terminate the
22perpetrator's interest in the lease immediately or on a later
23date specified in the notice; and
24(2) specifies the act of domestic violence motivating
25the landlord to terminate the perpetrator's interest under
26the lease.
27(b) Rights of other tenants.--The termination of a
28perpetrator's interest under a lease shall not terminate the
29interest of any other tenant under the lease and shall not alter
30the obligations of any other tenant under the lease. Any other
1tenant under the lease may recover actual damages from the
2perpetrator resulting from the termination of the perpetrator's
3interest under the lease.
4(c) Return of security deposit and unearned rent.--The
5landlord is not required to return to the perpetrator or to any
6remaining tenant any security deposit or unearned rent until the
7lease terminates with respect to all tenants.
8(d) Burden of proof.--In any action between the landlord and
9a perpetrator involving the right of the landlord to terminate
10the perpetrator's interest in a lease under this section, the
11burden is upon the landlord to prove by a preponderance of the
12evidence that the perpetrator committed an act of domestic
13violence, sexual assault or stalking.
14Section 4. The addition of sections 514, 515 and Article V-C
15of the act shall apply to leases entered into or extended on or
16after the effective date of this section.
17Section 5. This act shall take effect as follows:
18(1) The following provisions shall take effect in 60
19days:
20(i) The amendment or addition of sections 513(b) and
21(e), 514 and Article V-C of the act.
22(ii) Section 4 of this act.
23(2) The remainder of this act shall take effect
24immediately.