PRINTER'S NO. 329
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
355
Session of
2021
INTRODUCED BY ISAACSON, DeLUCA, HOHENSTEIN, KINSEY, NEILSON AND
SANCHEZ, FEBRUARY 3, 2021
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 3, 2021
AN ACT
Prohibiting the harassment of homeowners by real estate
professionals and construction companies and imposing
penalties.
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
Harassment Prevention 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:
"Predatory tactics." Any of the following:
(1) Repeated and unsolicited attempts by a person,
within a one-year period, to contact a homeowner when the
homeowner has affirmatively requested that the person, or the
person's agent or assignee, refrain from that activity.
(2) A threat to a homeowner, whether expressed or
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implied, regarding sale of the homeowner's real property.
"Real estate developer." The following:
(1) A person who:
(i) acquires improved or unimproved real property;
(ii) improves the real property, if unimproved, with
a residential building or improves an existing
residential building on the real property; and
(iii) sells the improved real property or any
portion thereof.
(2) The term does not include a person who makes
improvements to real property that constitute the person's
primary residence if:
(i) the primary residence is a single-family
dwelling or a multiple-family dwelling that does not
exceed three stories in height and contains six or fewer
dwelling units; and
(ii) no more than one real property is sold by the
person during a calendar year.
"Real estate professional." A real estate agent, real estate
broker or real estate developer.
Section 3. Required disclosures.
At the time of contacting a homeowner, a real estate
professional, construction company or other person engaged in
acquiring real property for development, or his agent or
assignee, shall identify himself and the intended buyer of the
homeowner's real property.
Section 4. Prohibited acts.
A real estate professional, construction company or other
person engaged in acquiring real property for development, his
agent or assignee, may not use predatory tactics to solicit a
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homeowner to sell the homeowner's real property.
Section 5. Civil penalties.
In addition to any other penalty provided under law, the
Office of Attorney General may assess a civil penalty against a
person who violates any provision of this act of not less than
$2,000 nor more than $10,000 for each violation. Each day that a
violation continues shall constitute a separate and distinct
violation.
Section 6. Right of action.
A person who is aggrieved by a violation of the provisions of
this act may bring a civil action in a court of competent
jurisdiction for such legal and equitable relief as may be
appropriate to effectuate the purposes of this act. The court
may, in addition to any judgment awarded the plaintiff, award
reasonable attorney fees and costs of action to be paid by the
defendants.
Section 7. Vicarious liability.
All parties to a solicitation of a homeowner to sell the
homeowner's real property in violation of this act shall be
vicariously liable for the violations of this act.
Section 8. Effective date.
This act shall take effect in 60 days.
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