PRINTER'S NO. 666
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
635
Session of
2021
INTRODUCED BY DeLUCA, NEILSON, BROOKS AND MADDEN, MARCH 1, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 1, 2021
AN ACT
Providing for notification of individuals regarding residential
leasing practices that may violate housing discrimination law
on the basis of familial status.
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 Rochez 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:
"Entity." An organization that:
(1) Receives funding under the Fair Housing Initiatives
Program, including under any of the following:
(i) 24 CFR 125.201 (relating to administrative
enforcement initiative).
(ii) 24 CFR 125.301 (relating to education and
outreach initiative).
(iii) 24 CFR 125.401 (relating to private
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enforcement initiative).
(iv) 24 CFR 125.501 (relating to fair housing
organizations initiative).
(2) Utilizes a tester to investigate violations or
obtain enforcement of the rights granted under the Fair
Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.) or
under State or local law that provides rights and remedies
for discriminatory housing practices that are substantially
equivalent to the rights and remedies provided under the Fair
Housing Act.
"Fair Housing Initiatives Program." As the term "FHIP" is
defined in 24 CFR 125.103 (relating to definitions).
"Residential property." Property consisting of no more than
one total building with no more than two residential dwellings.
"Tester." An individual subject to 24 CFR 125.107 (relating
to testers).
Section 3. Notice of possible violation.
(a) General rule.--Except as provided in subsection (b), if
an entity discovers that an individual who is engaged in the
rental of residential property and who appears to have violated
housing discrimination law on the basis of familial status under
section 3604(c) of the Fair Housing Act (Public Law 90-284, 42
U.S.C. § 3604(c)) or section 5(h)(5) of the act of October 27,
1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act, the entity shall notify the individual of the
possible violation and provide the individual with seven days to
remedy the possible violation prior to bringing suit in a court
of law against the individual regarding the possible violation.
(b) Exception.--Subsection (a) shall not apply if the entity
previously notified the individual of a substantially similar
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possible violation in a previous advertisement.
Section 4. Effective date.
This act shall take effect immediately.
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