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PRINTER'S NO. 1563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1168
Session of
2022
INTRODUCED BY KANE, CAPPELLETTI, SAVAL, COLLETT, KEARNEY, COSTA
AND STREET, APRIL 8, 2022
REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 8, 2022
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"An act prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or
national origin by employers, employment agencies, labor
organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's
Office; defining its functions, powers and duties; providing
for procedure and enforcement; providing for formulation of
an educational program to prevent prejudice; providing for
judicial review and enforcement and imposing penalties,"
further providing for unlawful discriminatory practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(h)(3.1) of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, is amended to read:
Section 5. Unlawful Discriminatory Practices.--It shall be
an unlawful discriminatory practice, unless based upon a bona
fide occupational qualification, or in the case of a fraternal
corporation or association, unless based upon membership in such
association or corporation, or except where based upon
applicable security regulations established by the United States
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or the Commonwealth of Pennsylvania:
* * *
(h) For any person to:
* * *
(3.1) Refuse to permit, at the expense of a person with a
handicap or disability, reasonable modifications of existing
premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full
enjoyment of the premises, except that, in the case of a rental,
the landlord [may] shall, where it is reasonable to do so, make
a modification at the landlord's expense or grant permission for
a renter modification at the renter's request if the renter
agrees to restore the interior of the premises to the condition
that existed before the modification, with reasonable wear and
tear excepted. In the case of a rental, the landlord shall
extend the protections granted under this subsection to any
existing renter who either is a person with a handicap or
disability or becomes a person with a handicap or disability
after the start date of the renter's term pursuant to the lease
or rental agreement. A lease or rental agreement:
(i) Shall permit the renter to terminate the lease or rental
agreement with no additional fee, cost or penalties if the
landlord refuses to make a reasonable accommodation under this
subsection within thirty days or grant a renter's reasonable
accommodation request under this subsection within ten days, as
the case may be.
(ii) Shall permit the renter to terminate the lease or
rental agreement with no additional fee, cost or penalties if
the renter's handicap or disability becomes more severe and the
renter needs to move to a new residence that will help the
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renter treat and manage a handicap or disability.
(iii) May not waive any of the rights under this paragraph
by a provision of a lease or rental agreement and the landlord
may not charge any fee, service charge or additional rent to the
renter for exercising the renter's right under this paragraph.
* * *
Section 2. The amendment of section 5(h)(3.1) of the act
shall apply to a lease or rental agreement executed or renewed
after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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