Regular Session 2015-2016 House Bill 1051 P.N. 1369

PRINTER'S NO. 1369

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1051

Session of

2015

INTRODUCED BY DEAN, FRANKEL, DiGIROLAMO, KINSEY, SCHREIBER,

V. BROWN, SCHLOSSBERG, C. PARKER, CALTAGIRONE, BROWNLEE,

O'BRIEN, THOMAS, YOUNGBLOOD, McNEILL, KAVULICH, SCHWEYER,

M. DALEY, KIM, FARINA, FREEMAN, EVERETT, TOOHIL, MURT,

SANTARSIERO, QUINN, LEWIS, COHEN, FARRY AND ACOSTA,

APRIL 27, 2015

REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 27, 2015

AN ACT

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

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," providing for early release or termination

of lease because of domestic violence, sexual assault or

stalking.

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

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

article to read:

ARTICLE V-C

TENANTS' RIGHTS IN CASES OF

DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING

Section 501-C. Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"Attesting third party." A law enforcement official,

licensed health-care professional, victim's advocate or victim-

services provider.

"Domestic violence." Behavior for which a police officer may

arrest an individual without a warrant under 18 Pa.C.S. §

2711(a) (relating to probable cause arrests in domestic violence

cases).

"Dwelling unit." Either of the following:

(1) if a structure has two or more units to be leased,

the designated unit within the structure, together with the

fixtures and appurtenances, to be used as the home, residence

or sleeping place by an individual or two or more individuals

who maintain a common household regardless of their

relationship to each other. Unless the lease provides

otherwise, the term excludes an area associated with the

structure but exterior to it, such as a parking area or

grounds, or a common area within the structure, such as a

hallway, entrance or basement; or

(2) if a structure has only one unit to be leased, the

structure, together with the fixtures, facilities and

appurtenances, to be used as the home, residence or sleeping

place by an individual or two or more individuals who

maintain a common household, regardless of their relationship

to each other. Unless the lease provides otherwise, the term

excludes an area associated with the structure but exterior

to it, such as a parking area, detached garage, other

building or grounds.

"Immediate family member." Any of the following who

habitually reside in a dwelling unit with a tenant:

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(1) an individual related to the tenant by blood,

adoption or marriage;

(2) an individual having an intimate relationship with

the tenant; or

(3) a foster child, stepchild or ward of the tenant or

of an individual named in paragraph (1) or (2).

"Premises." A dwelling unit and the structure of which it is

a part if the structure has two or more units to be leased. The

term includes the exterior or interior areas:

(1) associated with the structure that are excluded from

the definition of "dwelling unit," including the fixtures,

facilities and appurtenances; and

(2) held out for the use of tenants generally or the use

of which is promised to the tenant.

"Stalking." Conduct that constitutes an offense under 18

Pa.C.S. § 2709.1(a) (relating to stalking).

"Tenant." A person entitled to possession of a dwelling unit

under a lease. The term includes an assignee, sublessee and, if

the tenant is not an individual, an individual the tenant

authorized to occupy the dwelling unit. If the tenant is an

individual, the term excludes a person who occupies the dwelling

unit with the individual's permission that is not a party to the

lease and does not pay rent.

"Victim advocate." An individual, whether paid or serving as

a volunteer, who provides services to victims of domestic

violence, sexual assault or stalking under the auspices or

supervision of a victim-services provider or a court or a law

enforcement or prosecution agency.

"Victim-services provider." A person that assists victims of

domestic violence, sexual assault or stalking. The term includes

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a rape crisis center, domestic violence shelter, faith-based

organization or other organization with a documented history of

work concerning domestic violence, sexual assault or stalking.

Section 502-C. Early release or termination of lease.

(a) Possible release.--If, as the result of an act of

domestic violence, sexual assault or stalking, a tenant or an

immediate family member has a reasonable fear of further acts of

domestic violence, sexual assault or stalking by continued

residence in the dwelling unit, the tenant may be released by

giving a notice that complies with subsection (b).

(b) Required release.--A tenant shall be released from a

lease if the tenant gives the landlord:

(1) a written notice signed by the tenant of the

tenant ' s intent to be released from the lease as of a

specific date. The notice must be given at least 30 days

prior to the date the tenant intends to terminate the lease;

and

(2) one of the following:

(i) a copy of a valid outstanding temporary or

permanent court order that restrains a perpetrator from

contact with the tenant or an immediate family member;

(ii) other evidence of domestic violence, sexual

assault or stalking against the tenant or an immediate

family member, including, but not limited to, police

reports, medical records or court documents relating to

the tenant ' s or immediate family member ' s victimization;

(iii) a written verification signed by the tenant

and an attesting third party that complies with the

provisions of section 503-C.

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only tenant who is a party to the lease, the lease terminates on

the date specified in the notice given by the tenant under

subsection (b)(1). The tenant is not liable for rent or other

obligations under the lease accruing after the termination.

(d) Termination for multiple tenants.--If there are multiple

tenants that are parties to the lease, the release of one tenant

under this section does not terminate the lease with respect to

other tenants. The landlord is not required to return to the

released tenant or a remaining tenant a security deposit or

unearned prepaid rent until the lease terminates with respect to

all tenants.

Section 503-C. Verification.

(a) Requirements.--A verification provided by a tenant under

section 502-C(b)(2)(iii) shall include the following:

(1) From the tenant:

(i) the tenant's name and address of the dwelling

unit;

(ii) the approximate dates during which the domestic

violence, sexual assault or stalking occurred, including

the most recent date;

(iii) a statement that because of the acts of

domestic violence, sexual assault or stalking, the tenant

or an immediate family member has a reasonable fear that

the tenant or immediate family member will suffer further

acts of domestic violence, sexual assault or stalking by

continued residence in the dwelling unit;

(iv) the proposed date for the termination of the

lease or the release of the tenant from the lease; and

(v) a statement that the tenant understands that the

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statements could be used in court and that the tenant

could be liable for perjury as well as the damages

provided in subsection (b) for making false statements in

the verification.

(2) From an attesting third party:

(i) the name, business address and business

telephone number of the attesting third party;

(ii) the capacity in which the attesting third party

received the information regarding the domestic violence,

sexual assault or stalking; and

(iii) a statement that the attesting third party:

(A) read the tenant's verification and has been

advised by the tenant that the tenant or an immediate

family member is the victim of domestic violence,

sexual assault or stalking and has a reasonable fear

that the tenant or the immediate family member will

suffer further acts of domestic violence, sexual

assault or stalking by continued residence in the

dwelling unit;

(B) believes the tenant; and

used as the basis for releasing the tenant from a

lease.

(b) False statements.--If a tenant submits to a landlord a

verification containing false statements made by the tenant or

false statements made by an attesting third party that the

tenant knew to be false, the court may award the landlord an

amount up to three months' rent or triple actual damages,

whichever is greater, costs and reasonable attorney fees.

Section 504-C. Landlord's obligations.

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(a) Complying tenant.--If a tenant complies with section

502-C, the landlord:

(1) except as provided in section 502-C(d), shall return

to the tenant the amount of a security deposit and unearned

prepaid rent, to which the tenant is entitled;

(2) may not assess a fee or other penalty against the

tenant solely for exercising a right granted under this

article; and

(3) may not disclose information required to be reported

to the landlord under section 502-C unless:

(i) the tenant provides specific time-limited and

contemporaneous consent to the disclosure in writing; or

(ii) the information is required to be disclosed by

a court order or by law other than this article.

(b) Refusal to release.--If a landlord refuses to release a

tenant who is entitled to be released from a lease under section

502-C, the court shall award the tenant an amount equal to three

months' rent or triple actual damages, whichever is greater,

costs and reasonable attorney fees.

Section 505-C. Effect on perpetrator.

(a) Recovery of damages.--A landlord may recover from a

perpetrator actual damages resulting from a tenant's exercise of

a right under section 502-C. If the perpetrator is a party to

the lease, the landlord may:

(1) except as otherwise provided in section 507-C(b),

allow the perpetrator to remain in possession of the dwelling

unit in which event the perpetrator shall be liable for

future rent payable and other obligations of a tenant under

the lease; or

(2) terminate the perpetrator's interest under the lease

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by written notice to the perpetrator at least five days prior

to the termination date specified in the notice and bring an

action for possession against the perpetrator if the

perpetrator fails to vacate the dwelling unit on the

specified termination date.

(b) Limitation.--A perpetrator is not entitled to damages

resulting from a good faith exercise of a right granted to a

tenant or a landlord under section 502-C or 508-C or this

section.

Section 506-C. Change of locks.

(a) Right to request.--Subject to subsections (b) and (c),

if a tenant or an immediate family member has been the victim of

domestic violence, sexual assault or stalking and the tenant has

a reasonable fear that the perpetrator or another individual

acting on the perpetrator's behalf may attempt to gain access to

the dwelling unit, the tenant may ask the landlord to change the

locks or other security devices for the dwelling unit.

(b) Duty of landlord and expense.--Not later than three days

after receiving a request under subsection (a) or sooner if

commercially reasonable to do so, the landlord shall change the

locks or security devices at the tenant's expense.

timely manner, the tenant may change or rekey the locks or other

security devices at the landlord's expense without the

landlord ' s consent. In that event, the tenant shall provide a

key or other means of access to the new locks or security

devices to the landlord and to any other tenant, other than the

perpetrator, that is a party to the lease.

(d) Right of landlord.--If the locks or other security

devices are changed or rekeyed under subsection (c), the

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landlord may thereafter change or rekey them, at the landlord ' s

expense, to ensure compatibility with the landlord ' s master key

or other means of access or otherwise accommodate the landlord ' s

reasonable commercial needs.

(e) Prohibition.--If a perpetrator is a party to the lease,

the locks or other security devices may not be changed or

rekeyed under subsection (b) or (c) unless there is a court

order expressly requiring the perpetrator to vacate the dwelling

unit or a court order expressly prohibiting the perpetrator from

having any contact with the tenant or an immediate family member

and a copy of the order has been provided to the landlord.

(f) Limitation.--A perpetrator is not entitled to damages or

other relief against a landlord or a tenant who complies in good

faith with this section.

Section 507-C. Effect of court order to vacate.

(a) Landlord and tenant.--Upon issuance of a court order

requiring a perpetrator to vacate a dwelling unit, the landlord

and a tenant do not have a duty to:

(1) allow the perpetrator access to the unit unless

accompanied by a law enforcement officer; or

(2) provide the perpetrator with a key or other access

to the dwelling unit.

(b) Lease interest of perpetrator.--If the perpetrator who

is the subject of the court order described in subsection (a) is

a party to the lease, the perpetrator's interest under the lease

shall terminate and the landlord and any other tenants remaining

in the dwelling unit shall be entitled to actual damages from

the perpetrator as a result of the termination. The termination

of the perpetrator's interest in the lease shall not affect the

rights and obligations under the lease of any other tenants

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remaining in the dwelling unit.

interest under a lease under subsection (b), the landlord shall

return to the perpetrator, if the perpetrator was the only

tenant under the lease, a security deposit and unearned rent, to

which the perpetrator is entitled following the termination.

The landlord's obligation to return a security deposit to a

perpetrator under this subsection is subject to the landlord's

claim for damages against the perpetrator as a result of the

termination or for any other claim the landlord may have with

respect to the security deposit under other provisions of the

lease.

Section 508-C. Limitation on landlord's conduct.

(a) Prohibitions.--Except as provided in subsection (c), a

landlord may not increase or threaten to increase the rent,

security deposit or fees payable under a lease, decrease or

threaten to decrease services required under the lease or this

article, terminate or threaten to terminate a lease, refuse to

renew a lease, serve or threaten to serve a notice to terminate

a periodic tenancy, bring or threaten to bring an action for

possession, refuse to let a dwelling unit or impose different

rules or selectively enforce the landlord's rules:

(1) primarily because the tenant or an immediate family

member is or has been the victim of domestic violence, sexual

assault or stalking;

(2) because of a violation of the terms of the lease or

the provisions of this article by the tenant resulting from

the incident of domestic violence, sexual assault or stalking

against the tenant or an immediate family member; or

(3) because of criminal activity relating to domestic

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violence, sexual assault or stalking against the tenant or an

immediate family member or a police or emergency response to

a good faith complaint of activities relating to domestic

violence, sexual assault or stalking against the tenant or an

immediate family member.

(b) Right of landlord.--A landlord may terminate a lease if

the landlord provided a tenant with a written notice signed by

the landlord regarding a perpetrator's behavior relating to

domestic violence, sexual assault or stalking against the tenant

or an immediate family member, and subsequently:

(1) the tenant invites the perpetrator onto the premises

or, without the landlord ' s consent, allows the perpetrator to

occupy the dwelling unit; and

(2) the perpetrator damages the premises, harms another

individual on the premises or otherwise disturbs the use and

enjoyment of the premises by another tenant of the dwelling

unit or of another dwelling unit in the premises.

this section:

(1) the tenant may:

(i) terminate the lease;

(ii) defend an action for possession on the ground

that the landlord willfully violated this section; or

(iii) obtain appropriate injunctive relief; and

(2) the court shall award the tenant an amount equal to

three months' rent or triple actual damages, whichever is

greater.

(d) Definition.--As used in this section, the term "tenant"

shall include an individual seeking to enter into a lease with a

landlord.

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Section 509-C. Termination of perpetrator's interest under

lease without court order.

(a) General rule.--If a tenant is the perpetrator of an act

of domestic violence, sexual assault or stalking against any

occupant of the premises, the landlord may terminate the

perpetrator's interest under a lease by giving the perpetrator a

written notice signed by the landlord that:

(1) states the landlord's intent to terminate the

perpetrator's interest in the lease immediately or on a later

date specified in the notice; and

(2) specifies the act of domestic violence motivating

the landlord to terminate the perpetrator's interest under

the lease.

(b) Rights of other tenants.--The termination of a

perpetrator's interest under a lease shall not terminate the

interest of any other tenant under the lease and shall not alter

the obligations of any other tenant under the lease. Any other

tenant under the lease may recover actual damages from the

perpetrator resulting from the termination of the perpetrator's

interest under the lease.

landlord is not required to return to the perpetrator or to any

remaining tenant any security deposit or unearned rent until the

lease terminates with respect to all tenants.

(d) Burden of proof.--In any action between the landlord and

a perpetrator involving the right of the landlord to terminate

the perpetrator's interest in a lease under this section, the

burden is upon the landlord to prove by a preponderance of the

evidence that the perpetrator committed an act of domestic

violence, sexual assault or stalking.

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Section 2. The addition of Article V-C of the act shall

apply to leases entered into or extended on or after the

effective date of this section.

Section 3. This act shall take effect as follows:

(1) The following provisions shall take effect in 60

days:

(i) The addition of Article V-C of the act.

(ii) Section 2 of this act.

(2) The remainder of this act shall take effect

immediately.

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