Regular Session 2017-2018 House Bill 0890 P.N. 3274

PRINTER'S NO. 3274

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

890

Session of

2018

INTRODUCED BY DEAN, RABB, FREEMAN, DRISCOLL, DAVIS, V. BROWN,

SCHLOSSBERG, J. HARRIS, FRANKEL, McNEILL, SOLOMON, READSHAW,

O'BRIEN, BULLOCK, STURLA, DeLUCA, GILLEN, HILL-EVANS,

DONATUCCI, DALEY, BOYLE, BRIGGS, McCARTER, WHEATLEY, KINSEY,

KIM, ROZZI, SCHWEYER AND McCLINTON, APRIL 6, 2018

REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 6, 2018

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 provider or victim advocate.

"Domestic violence." The occurrence of one or more of the

following acts between family or household members, sexual or

intimate partners or persons who share biological parenthood:

(1) Intentionally, knowingly or recklessly causing, or

attempting to cause, bodily injury, serious bodily injury or

sexual assault.

(2) Placing another in reasonable fear of imminent

serious bodily harm.

(3) The infliction of false imprisonment pursuant to 18

Pa.C.S. § 2903 (relating to false imprisonment).

"Domestic violence counselor/advocate." As defined in 23

Pa.C.S. § 6102(a) (relating to definitions).

"Immediate family member." Any of the following who

habitually reside in a dwelling unit with a tenant:

(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).

"Perpetrator." An individual who commits, or is alleged to

have committed, an act of domestic violence, sexual assault or

stalking on a tenant or immediate family member.

" Sexual assault. " Conduct that constitutes any of the

following offenses:

(1) 18 Pa.C.S. Ch. 31 (relating to sexual offenses),

except 18 Pa.C.S. §§ 3129 (relating to sexual intercourse

with animal) and 3130 (relating to conduct relating to sex

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offenders).

(2) 18 Pa.C.S. § 4304 (relating to endangering welfare

of children) if the offense involved sexual contact with the

victim.

(3) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption

of minors).

(4) 18 Pa.C.S. § 6318 (relating to unlawful contact with

minor).

(5) 18 Pa.C.S. § 6320 (relating to sexual exploitation

of children).

" Sexual assault counselor. " As defined in 42 Pa.C.S. §

5945.1 (relating to confidential communications with sexual

assault counselors).

"Stalking." Conduct that constitutes an offense under 18

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

"Tenant." A person that is a party to a lease of a dwelling

unit and is entitled to possession of the dwelling unit.

"Victim." An individual who is the subject of an act of

domestic violence, sexual assault or stalking.

"Victim advocate." A sexual assault counselor or domestic

violence counselor/advocate, whether paid or serving as a

volunteer.

Section 502-C. Change of locks.

(a) Right of tenant.--Subject to subsections (b) and (c), if

a tenant or an immediate family member is a victim 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 that the tenant leases, the

tenant may change or rekey the locks or other security devices

for the dwelling unit at the tenant ' s expense. The tenant shall

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immediately provide a key or other means of access to the new

locks or security devices to the landlord and any other tenant,

other than the perpetrator, that is a party to the lease.

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

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

landlord may thereafter change or rekey them, at the tenant ' 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.

the locks or other security devices may not be changed or

rekeyed under subsection (a) unless there is a court order,

other than an ex parte order, expressly requiring the

perpetrator to vacate the dwelling unit or 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.

(d) 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 503-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 that the tenant leases, the

tenant may be released by giving a notice that complies with

subsection (b). The most recent act of domestic violence, sexual

assault or stalking must have occurred not more than 90 days

prior to the date the tenant submits the notice.

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(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 state the facts giving rise to

the reasonable fear of suffering a further act of domestic

violence, sexual assault or stalking and be given at least 30

days prior to the date the tenant intends the release to be

effective ; and

(2) one of the following:

(i) a copy of a valid outstanding court order that

restrains the perpetrator from contact with the tenant or

an immediate family member;

(ii) police reports, medical records or court

documents relating to the tenant's or immediate family

member's victimization by domestic violence, sexual

assault or stalking;

(iii) evidence that the perpetrator has been

convicted of domestic violence, sexual assault or

stalking against the tenant or immediate family member;

(iv) a written verification signed by the tenant and

an attesting third party that complies with the

provisions of section 504-C .

apply if the tenant is the only tenant who is a party to the

lease:

(1) The lease shall terminate on the date specified in

the notice given by the tenant under subsection (b)(1) if the

tenant vacates the dwelling unit on or before that date.

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(2) The tenant is not liable for rent or other

obligations under the lease accruing after the termination.

(3) The termination shall not affect the tenant ' s

obligations under the lease accruing prior to the date of the

termination.

(4) The landlord shall return to the tenant security

deposits or other escrows to which the tenant is otherwise

entitled under the lease or other provisions of this act and

rent that may have been prepaid for the period following

termination.

(d) Termination for multiple tenants.--The following shall

apply if there are multiple tenants that are parties to the

lease:

(1) The tenant who gave notice under subsection (b)(1)

is released from the lease as of the date specified in the

notice if the tenant vacates the dwelling unit on or before

the specified date, but the release of one tenant under this

section does not terminate the lease with respect to other

tenants.

(2) The landlord may require the remaining tenants to

provide evidence reasonably satisfactory to the landlord that

the remaining tenants will have the financial capability to

continue to meet their obligations under the lease.

(3) 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.

(4) The tenant released from the lease shall not be

liable to the landlord or any other person for rent accruing

after the tenant ' s release or for actual damages resulting

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from the tenant ' s release from the lease.

(5) The landlord and the remaining tenants may enter

into a new lease upon mutually satisfactory terms.

(e) Limitation.--The following shall apply:

(1) A tenant who is a perpetrator may not seek

termination of or release from a lease under this section.

(2) A perpetrator is not entitled to damages resulting

from a good faith exercise of a right granted to a tenant or

a landlord under this article.

(f) Tenant's forwarding address.--If the tenant is entitled

to the return of a security deposit or prepaid rent under

subsection (c)(4), the tenant may provide a confidential address

to the landlord. The landlord shall maintain the confidentiality

of the address if the tenant has advised the landlord that the

address is confidential.

(g) Construction.--The provisions of this section with

respect to the termination of or release from a lease by a

tenant shall be self-effectuating without any further action by

the tenant or the landlord. If a tenant who has complied with

the provisions of subsection (b) prevails in a subsequent action

by a landlord to recover all or any part of rent or other sums

accruing under a lease after the effective date of the release

or termination or for damages in connection with the release or

termination, the tenant shall be entitled to recover legal fees

and court costs incurred in connection with defense of the

action.

Section 504-C . Verification.

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

attesting third party under section 503-C(b)(2) (iv) shall

include the following:

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(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 an act 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

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 knowingly 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 a victim and has a reasonable fear

that the tenant or the immediate family member will

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suffer further acts of domestic violence, sexual

assault or stalking by continued residence in the

dwelling unit;

(B) believes the tenant;

used as the basis for releasing the tenant from a

lease ; and

(D) understands that the statement could be used

in court and that the attesting third party could be

liable for perjury as well as damages to the landlord

for knowingly making false statements in the

verification.

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

verification containing false statements made by the tenant or

an attesting third party that the tenant knew to be false, the

court may award the landlord an amount equal to twice the

landlord's actual damages , costs and reasonable attorney fees.

Section 505-C . Landlord's obligations.

If a tenant complies with section 503-C , the landlord:

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

tenant solely for exercising a right granted under this

article; and

(2) may not disclose information required to be reported

to the landlord under section 503-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.

Section 506-C. Effect of court order to vacate.

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

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other than an ex parte 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. If the lease is

terminated as to the perpetrator, the termination of the

perpetrator's interest in the lease may not affect the rights

and obligations under the lease of any other tenants remaining

in the dwelling unit. Notwithstanding the foregoing, the

landlord may require the remaining tenants to provide evidence

reasonably satisfactory to the landlord that the remaining

tenants will have the financial capability to continue to meet

their obligations under the lease. The landlord and the

remaining tenants may enter into a new lease upon mutually

satisfactory terms.

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

return to the perpetrator, if the perpetrator was the only

remaining 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

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landlord's claim for rent and 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 or this act .

Section 507-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, 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) because the tenant or proposed tenant or an

immediate family member of the tenant or proposed tenant is

or has been a victim ;

(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

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) Willful violation.--If a landlord willfully violates

this section:

(1) the tenant may:

(i) terminate the lease;

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(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.

to limit the landlord ' s right to terminate the lease of the

tenant for the conduct of the tenant unrelated to the tenant

being a victim.

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 in 60 days.

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