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PRINTER'S NO. 1672
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1132
Session of
2020
INTRODUCED BY HUGHES, FONTANA, SANTARSIERO, COSTA AND SCHWANK,
APRIL 30, 2020
REFERRED TO JUDICIARY, APRIL 30, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
providing for action in judicial emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 55 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER E
ACTION IN JUDICIAL EMERGENCY
Sec.
5591. (Reserved).
5592. Real property and tenancy-related actions related to
COVID-19 outbreak.
§ 5591. (Reserved).
§ 5592. Real property and tenancy-related actions related to
COVID-19 outbreak.
(a) General rule.--Notwithstanding any provision of law to
the contrary, the following shall apply relating to the COVID-19
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outbreak:
(1) No court in this Commonwealth may accept any filing
or pleading instituting a new action arising under the act of
April 6, 1951 (P.L.69, No.20), known as The Landlord and
Tenant Act of 1951, until 60 days after the expiration of
judicial emergency by the Pennsylvania Supreme Court or
president judge of a judicial district under Pa.R.J.A. No.
1952 (relating to emergency actions, duties and authorities),
whichever is later. During the period of judicial emergency
or delay under this paragraph, a landlord may not charge fees
or penalties under The Landlord and Tenant Act of 1951. No
fees or penalties that would have otherwise accrued but for a
judicial emergency or the delay under this paragraph may be
assessed.
(2) If an action arising under The Landlord and Tenant
Act of 1951 was filed or a judgment by agreement has been
executed within 30 days prior to the declaration of a
judicial emergency by the Pennsylvania Supreme Court or
president judge of a judicial district under Pa.R.J.A. No.
1952, a landlord may not proceed with the action until 60
days after the expiration of judicial emergency by the
Pennsylvania Supreme Court or president judge of a judicial
district under Pa.R.J.A. No. 1952, whichever is later. It
shall not be a breach of a covered judgment by agreement if
the tenant complies with all applicable conditions of the
agreement within 60 days after the expiration of a judicial
emergency by the Pennsylvania Supreme Court or president
judge of a judicial district under Pa.R.J.A. No. 1952,
whichever is later. No writ may be executed until 60 days
after the expiration of a judicial emergency by the
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Pennsylvania Supreme Court or president judge of a judicial
district, whichever is later. A landlord, during a judicial
emergency under this paragraph, otherwise eligible to charge
fees or penalties under The Landlord and Tenant Act of 1951,
may not charge fees or penalties during the time of judicial
emergency or delay under this paragraph. No fees or penalties
that would have otherwise accrued but for a judicial
emergency or delay under this paragraph may be assessed.
(3) No court may accept a new action relating to the
foreclosure on a residential property until 60 days after the
expiration of a judicial emergency by the Pennsylvania
Supreme Court or president judge of a judicial district under
Pa.R.J.A. No. 1952, whichever is later. During a period of
judicial emergency under this paragraph, a petitioner,
otherwise eligible to charge fees or penalties, may not
charge fees or penalties during the time of judicial
emergency or delay under this paragraph. No fees or penalties
that would have otherwise accrued but for the judicial
emergency or delay under this paragraph may be assessed.
(4) If an action relating to the foreclosure of a
residential property was commenced prior to the issuance of
declaration of a judicial emergency by the Pennsylvania
Supreme Court or president judge of a judicial district under
Pa.R.J.A. No. 1952, a petitioner may not proceed with an
action until 60 days after the expiration of a judicial
emergency by the Pennsylvania Supreme Court or president
judge of a judicial district under Pa.R.J.A. No. 1952,
whichever is later. During a period of a judicial emergency
under this paragraph, a petitioner, otherwise eligible to
charge fees or penalties, may not charge fees or penalties
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during the time of judicial emergency or delay under this
paragraph. No fees or penalties that would have otherwise
accrued but for a judicial emergency or delay under this
paragraph may be assessed.
(b) Definition--As used in this section, the term
"foreclosure" shall include:
(1) An action of mortgage foreclosure under Pa.R.C.P.
Subch. I (relating to action of mortgage foreclosure).
(2) An action in ejectment under Pa.R.C.P. Subch. C
(relating to action in ejectment).
(3) An action to sell property to recover delinquent
real estate taxes under:
(i) the act of May 16, 1923 (P.L.207, No.153),
referred to as the Municipal Claim and Tax Lien Law; and
(ii) the act of July 7, 1947 (P.L.1368, No.542),
known as the Real Estate Tax Sale Law.
(4) An action under the act of November 24, 1976
(P.L.1176, No.261), known as the Manufactured Home Community
Rights Act.
Section 2. This act shall take effect immediately.
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