in the lease and have it separately acknowledged by the tenant.
(2) May be utilized by the landlord to purchase insurance
coverage for unpaid rent or unit damage.
(3) May be a recurring monthly fee or payable on a schedule
in an amount upon which the landlord and tenant agree.
(4) May not be considered by a court, arbitrator, mediator
or another dispute resolution adjudicator to be escrow funds as
described in sections 511.1, 511.2 and 511.3 or other laws of
this Commonwealth or local codes governing escrow funds or
security deposits.
(c) If a landlord chooses to waive an escrow funds payment,
the landlord shall:
(1) Ensure that the fee is optional for the tenant and
inform the tenant that the tenant may choose to pay full escrow
funds rather than the fee.
(2) Not use a prospective tenant's choice of either paying
escrow funds or paying a fee in lieu of escrow funds in
consideration of whether to approve an application for
occupancy.
(3) Offer a fee in lieu of escrow funds to every other
prospective tenant whose application for occupancy has been
approved, whereby such a fee is offered without regard to
income, race, gender, disability, sexual orientation,
immigration status, size of household or credit score.
(4) Allow a tenant who agrees to pay a fee in lieu of escrow
funds to opt out of the continuing fee obligation upon full
payment of escrow funds that is otherwise in effect for the
tenant's residence on the day of the opt-out.
(d) When a landlord offers to a prospective tenant to waive
an escrow funds payment and instead for the tenant to pay a fee
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