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PRINTER'S NO. 4313
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2834
Session of
2020
INTRODUCED BY INNAMORATO, GALLOWAY, HILL-EVANS, CALTAGIRONE,
KULIK, KINSEY, RABB, McCLINTON, D. MILLER, DELLOSO, DRISCOLL,
GREEN, T. DAVIS, SANCHEZ, ROZZI, HOHENSTEIN, KENYATTA AND
WILLIAMS, AUGUST 31, 2020
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 31, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in COVID-19 disaster emergency,
providing for prohibitions relating to reporting of
nonpayments or delinquent rent payments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 57 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
PROHIBITIONS RELATING TO REPORTING OF
NONPAYMENTS OR DELINQUENT RENT PAYMENTS
Sec.
5751. Definitions.
5752. Reporting prohibited.
5753. Limitations and exceptions.
5754. Expiration.
§ 5751. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Consumer reporting agency." A person that, for monetary
fees, dues or on a cooperative basis, regularly engages in the
practice of assembling or evaluating consumer credit information
or other information on consumers for the purpose of furnishing
consumer reports to third parties.
"Disaster emergency." The proclamation of disaster emergency
issued by the Governor on March 6, 2020, published at 50 Pa.B.
1644 (March 21, 2020), and any renewal of the state of disaster
emergency.
§ 5752. Reporting prohibited.
A landlord may not report to a consumer reporting agency
nonpayments of rent or delinquent rent payments recorded against
a residential tenant during the COVID-19 disaster emergency.
§ 5753. Limitations and exceptions.
(a) Limitations.--The following apply:
(1) The provisions of this subchapter do not relieve the
obligation of a tenant to pay rent or the obligations of
landlords and tenants to comply with any other conditions of
tenancy.
(2) The provisions of this subchapter do not preclude:
(i) any of the following based on grounds other than
nonpayment of rent, fees, interest or other monetary
obligations, nonpayment of utilities or other failure of
the tenant to perform any other obligation requiring
payment or expenditure of money by the tenant:
(A) tenancy terminations;
(B) actions for possession;
(C) unlawful holdover; or
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(D) refusals to renew or extend the terms of a
tenancy.
(ii) eviction based on:
(A) damage or destruction to the premises;
(B) criminal activity on the premises; or
(C) a threat to the health and safety of the
public.
(3) A default judgment may not be entered against a
defendant in an action for termination, possession, unlawful
holdover or rent for the duration of the disaster emergency.
(4) A landlord may not seek or collect treble damages
based on the failure of a tenant or authorized guest to
vacate the premises for the duration of the disaster
emergency.
(b) Exceptions.--The limitations under subsection (a) do not
apply in the following circumstances:
(1) An eviction action, including, but not limited to, a
request, motion, filing or action taken or made after the
tenant is no longer in possession and no longer occupies the
dwelling unit.
(2) Property rented for commercial business use.
(3) Eviction under subsection (a)(2)(ii)(C) if the
threat to the health and safety of the public is that a
tenant or authorized guest could potentially transmit COVID-
19.
§ 5754. Expiration.
The provisions of this subchapter shall expire six months
after the termination or expiration of the disaster emergency.
Section 2. This act shall take effect immediately.
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