Regular Session 2017-2018 House Bill 1032 P.N. 1198

PRINTER'S NO. 1198

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1032

Session of

2017

INTRODUCED BY MOUL, MILLARD, JAMES, JOZWIAK, PETRI AND

ZIMMERMAN, MARCH 31, 2017

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 31, 2017

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," in tenement buildings and multiple

dwelling premises, providing for utility service foreign

load.

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 a

section to read:

Section 506-A. Utility service foreign load.-- (a) A

landlord and tenant may agree, in a lease or by separate written

agreement, at the same time a lease agreement is entered into,

that the tenant will be responsible for payment of amounts

related to foreign load on a utility account in the tenant's

name in exchange for consideration. Any lease or contract

containing a provision obligating a tenant to be responsible for

foreign load registering on a utility account in the tenant's

name must:

(1) Contain a description of the consideration provided to

the tenant by the landlord.

(2) Contain the full signature of the tenant and the

landlord, notwithstanding any signatures required elsewhere in

the lease or contract.

(3) Contain a provision obligating the landlord to notify

the applicable utility that, in the event of termination of

service for nonpayment by the tenant or if service to the

tenant's account is to be discontinued for any reason, the

utility account shall be placed in the landlord's name to ensure

continued service and operability of the appliances causing the

foreign load.

(4) Contain a clause notifying the tenant that disputes

regarding the lease or contract or the type of foreign load

whose usage the tenant has agreed to be responsible for paying

shall be resolved through a local court of competent

jurisdiction.

(b) This section shall be applicable:

(1) To apartment buildings, tenement buildings and multiple

dwelling premises containing more than one but not exceeding six

individual apartments or dwelling units and mobile home parks

containing up to seventy units.

(2) To leases entered into or renewed after the effective

date of this section.

means utility usage on an account in the name of a tenant that

is not exclusive to that tenant's apartment or dwelling unit and

limited to the following:

(i) Outside lighting provided by the landlord and used by

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one or more tenants to safely enter and exit the apartment

building, tenement building or multiple dwelling premises.

(ii) Hallway and stairway lighting inside a building used by

one or more tenants to safely navigate the apartment building,

tenement building or multiple dwelling premises.

(iii) A well pump or septic pump used to provide safe,

sanitary water or sewer service to one or more tenants.

(iv) A washing machine or clothes dryer used by one or more

tenants.

(v) Electrical outlets located in a hallway or other common

area.

(vi) Any other device, appliance or usage agreed to by the

tenant and property owner in a document that meets the

requirements of subsection (a).

(2) For the purposes of this section "utility" shall mean

electric, natural gas, water or wastewater service.

(3) For the purposes of this section "consideration" shall

mean a rent reduction, a reduction in the frequency of rent

payments, unpaid use of a paid parking space or parking garage,

the provision or use of appliances that are not otherwise

included as part of a lease and any other benefit provided to a

tenant.

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

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