PRINTER'S NO. 3543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2394
Session of
2020
INTRODUCED BY ISAACSON, MURT, NEILSON, CALTAGIRONE, DELLOSO,
DONATUCCI, GREEN AND HILL-EVANS, APRIL 13, 2020
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 13, 2020
AN ACT
Providing for a prohibition on solicitation of owners of
residential real property within defined geographic areas by
real estate brokers, salespersons or other persons regularly
engaged in the trade or business of buying and selling real
estate, for homeowner cease and desist zones and for
homeowner cease and desist lists.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Homeowner
Cease and Desist List Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of State of the Commonwealth.
"List." A homeowner cease and desist list compiled by the
secretary under section 4(a).
"Secretary." The Secretary of the Commonwealth.
"Zone." A homeowner cease and desist zone established under
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section 3(a).
Section 3. Homeowner cease and desist zones.
(a) Establishment.--If the secretary determines that owners
of residential real property within a defined geographic area
are subject to intense and repeated solicitation by real estate
brokers and salespersons to place their property for sale with
the real estate brokers or salespersons or are subject to
intense and repeated solicitation by other persons regularly
engaged in the trade or business of buying and selling real
estate to sell the owner's residential real property, the
secretary may establish a homeowner cease and desist zone.
(b) Regulations.--A zone shall be bounded or otherwise
specifically defined by department regulation.
(c) Owner's statement.--After the secretary has established
a zone, an owner of residential real property located within the
zone may file an owner's statement with the secretary expressing
the owner's wish not to be solicited by real estate brokers,
salespersons or other persons regularly engaged in the trade or
business of buying and selling real estate. The form and content
of the statement shall be prescribed by the secretary.
(d) Prohibition.--After a zone has been established, no real
estate broker, salesperson or other person regularly engaged in
the trade or business of buying and selling real estate may
solicit a listing from an owner who has filed an owner's
statement with the secretary if the owner's name appears on a
current list under section 4.
(e) Forms of solicitation prohibited.--The prohibition on
solicitation under this section shall apply to direct forms of
solicitation, including the use of telephone, mail, personal
contact and other forms of direct solicitation as may be
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specified by the secretary.
Section 4. Homeowner cease and desist list.
(a) Compilation of list.--The secretary shall compile a
cease and desist list for each zone established under section
3(a). In addition to other information as the secretary may deem
appropriate, each list shall contain:
(1) The name of each owner who has filed an owner's
statement with the secretary.
(2) The address of the property within the zone to which
the owner's statement applies.
(b) Notice to owners.--The secretary shall send to each
owner who has filed an owner's statement a written
acknowledgment of the secretary's receipt of the owner's
statement and a pamphlet explaining the owner's rights in
connection with inclusion on the list and the procedures and
time limits applicable to the filing of complaints for
violations.
(c) Complaint.--An owner, or person on behalf of the owner,
may file a complaint against a real estate broker, salesperson
or other person regularly engaged in the trade or business of
buying and selling real estate for a violation of section 3(d).
The secretary shall allow an owner, or person on behalf of the
owner, to amend a complaint or other report filed under this
subsection by submitting other information or documentation as
the secretary may require.
(d) Printing and revisions to list.--The secretary shall
print a list for each zone. Each list shall be revised and
reprinted on or before December 31 each year and shall be made
available to the public and to real estate brokers, salespersons
or other persons regularly engaged in the trade or business of
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buying and selling real estate at a reasonable price to be set
by the secretary. Additions or deletions shall be made to each
list only at the time the list is reprinted and the secretary
may not issue amendments to any printed list.
Section 5. Restrictions on zones.
No regulation establishing a cease and desist zone may be
effective for longer than five years. The secretary may readopt
the regulation to continue the zone for additional periods not
to exceed five years each. The following shall apply:
(1) If a regulation establishing a zone has expired or
has been repealed, all owner's statements filed with the
secretary under that regulation shall also expire.
(2) An owner may file a new owner's statement with the
secretary if a new regulation is adopted establishing a zone
containing the owner's property.
(3) Once the boundaries of a zone have been established
by regulation, the boundaries may not be changed except by
repeal of the existing regulation and adoption of a new
regulation establishing the new boundaries.
Section 6. Penalties.
(a) Written warning and fines.--A person who violates this
act shall:
(1) For a first violation, receive a written warning
from the department.
(2) For a second violation, be fined $1,000.
(3) For a third violation, be fined $5,000.
(4) For a fourth and any subsequent violation, be fined
$5,000, and the department shall report the violations to the
State Real Estate Commission.
(b) Separate violations.--Each time a person contacts an
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owner of residential real property included on a list after
having received a written warning under subsection (a)(1) shall
be considered a separate violation.
Section 7. Construction.
Nothing in this act shall be construed to prohibit an owner
of residential real property within a cease and desist zone from
contracting with a real estate broker, salesperson or other
person regularly engaged in the trade or business of buying and
selling real estate for the purpose of selling the owner's
residential real property.
Section 8. Effective date.
This act shall take effect in 60 days.
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