PRINTER'S NO. 1625
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1441
Session of
2023
INTRODUCED BY BOROWSKI, SCHLOSSBERG, KINSEY, MADDEN, GUENST,
KHAN, SANCHEZ, PARKER, HILL-EVANS, KAZEEM, ROZZI, KRAJEWSKI,
GILLEN, CERRATO AND GREEN, JUNE 20, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 20, 2023
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," providing for tenants' rights in cases of
violence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding an
article to read:
ARTICLE V-C
TENANTS' RIGHTS IN CASES OF VIOLENCE
Section 501-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Attesting third party." A law enforcement official,
licensed health care professional, licensed social worker,
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victim advocate or victim service provider.
"Domestic violence." The occurrence of any of the following
acts between family or household members as defined in 23
Pa.C.S. § 6102(a) (relating to definitions):
(1) Intentionally, knowingly or recklessly causing, or
attempting to cause, bodily injury, serious bodily injury or
sexual assault.
(2) Placing another individual in reasonable fear of
imminent serious bodily harm.
(3) An act of domestic and other violence as defined in
55 Pa. Code § 3041.3 (relating to definitions).
(4) The infliction of false imprisonment under 18
Pa.C.S. § 2903 (relating to false imprisonment).
"Domestic violence counselor/advocate." As defined in 23
Pa.C.S. § 6102(a).
"Eligible tenant." Any of the following:
(1) A tenant who is a victim.
(2) A tenant who has a family or household member who is
a victim.
"Family or household member." Any of the following:
(1) Family or household members as defined in 23 Pa.C.S.
§ 6102.
(2) An individual who habitually resides in the same
dwelling unit as a tenant.
(3) An individual who previously habitually resided with
a tenant for a period of not less than two years and who has
an established and emotionally significant relationship with
that individual.
"Rape crisis center." As defined in 42 Pa.C.S. § 5945.1(a)
(relating to confidential communications with sexual assault
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counselors).
"Responsible party." An individual who commits, or is
alleged to have committed, an act of which a tenant or a family
or household member of the tenant is a victim.
"Sexual violence." As defined in 42 Pa.C.S § 62A03 (relating
to definitions).
"Stalking." As defined in 18 Pa.C.S. § 2709.1 (relating to
stalking).
"Tenant." An individual who is a party to a lease of a
dwelling unit and is entitled to possession of the dwelling
unit.
"Victim." Any of the following:
(1) An individual against whom an act of domestic
violence, sexual violence or stalking was committed or
attempted, regardless of whether a responsible party was
arrested or adjudicated for the commission of a crime.
(2) An individual against whom a crime as defined in
section 103 of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act, was committed or
attempted , regardless of whether an alleged responsible party
was arrested or adjudicated for the commission of the crime,
if the crime or attempt directly resulted in the
individual's:
(i) physical injury or death; or
(ii) mental injury and where there was a reasonably
perceived or actual threat of physical injury.
(3) An individual who is an intervenor as defined in
section 103 of the Crime Victims Act in an act or crime
described under paragraph (1) or (2).
(4) An individual who was physically present at the
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scene of an act or crime described under paragraph (1) or (2)
and witnessed the act or crime and who, as a direct result:
(i) suffers physical or mental injury; or
(ii) reasonably believes that the individual is
under the threat of physical harm.
"Victim advocate." An individual, whether paid or serving as
a volunteer, who provides services to victims under the auspices
or supervision of a victim service provider, court or law
enforcement or prosecution agency.
"Victim service provider." An agency or organization that
provides services to victims. The term includes a rape crisis
center or domestic violence counselor/advocate.
Section 502-C. Early release or termination of lease.
(a) Release authorized.--If a tenant is an eligible tenant
and the tenant needs to relocate as a result of an applicable
act or crime, the tenant may be released from a lease by
providing a notice in accordance with subsection (b).
(b) Required release.--
(1) An eligible tenant shall be released from a lease if
the tenant provides the landlord with a valid notice under
this subsection no later than 180 days from the date of any
of the following, whichever is later:
(i) The most recent occurrence of an act or crime
which makes the tenant an eligible tenant.
(ii) A document described under paragraph (2)(ii),
(iii), (iv), (v), (vi) or (vii) is issued.
(iii) The responsible party is released from a
prison, jail, juvenile detention facility or any other
detention facility or institution.
(2) A valid notice from the tenant under paragraph (1)
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shall include any of the following:
(i) A written notice signed by the tenant of the
tenant's intent to be released from the lease as of a
specific date. The written notice under this subparagraph
shall include a statement that the tenant intends to
relocate for the safety or the physical, mental or
financial well-being of the tenant or a family or
household member of the tenant as a direct result of an
act of which the tenant or a family or household member
is a victim.
(ii) A copy of a valid court order that restrains
the responsible party from contact with the tenant or a
family or household member of the tenant.
(iii) A letter from a medical or mental health
provider indicating that the tenant or a family or
household member of the tenant is a victim.
(iv) A police report documenting the act of which
the tenant or a family or household member of the tenant
is a victim.
(v) Evidence that the responsible party has been
charged with or convicted of an act of which the tenant
or a family or household member of the tenant is a
victim.
(vi) A written certification form developed by the
Office of Victim Advocate and signed by the tenant and an
attesting third party in accordance with section 503-C.
(vii) If the tenant's family or household member is
deceased as a result of a crime, any of the following:
(A) A written verification of death, burial or
memorial services from a mortuary funeral home,
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burial society, crematorium, religious institution,
medical examiner or government agency.
(B) A published obituary.
(C) A death certificate.
(c) Effect of notice.--After a valid notice is provided by a
tenant in accordance with subsection (b), the following shall
apply:
(1) The tenant shall be released from the lease no later
than any of the following:
(i) Fifteen days after the date the notice was
provided, or on the date specified in the notice under
subsection (b)(2)(i), whichever is later, if the tenant
vacates the dwelling unit on or before the applicable
date and the landlord operates five or more dwelling
units in this Commonwealth.
(ii) Thirty days after the date the notice was
provided, or on the date specified in the notice given by
the tenant under subsection (b)(2)(i), whichever is
later, if the tenant vacates the dwelling unit on or
before the applicable date and the landlord operates less
than five dwelling units within this Commonwealth.
(2) The tenant shall not be liable for rent or other
obligations under the lease accruing after the date of the
termination.
(3) The termination shall not affect the tenant's
obligations under the lease accruing before the date of the
termination.
(d) Construction.--Nothing in this section shall be
construed to relieve a tenant who is not an eligible tenant from
the tenant's obligations under a lease. If there are multiple
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tenants who are parties to a lease, the release of one or more
tenants under this section shall not terminate the lease with
respect to the other non-terminating tenants. A tenant released
from a lease under this section shall not be liable to the
landlord or any other person for rent accruing after the
tenant's release or for actual damages resulting from the
tenant's release from the lease.
(e) Limitation.--A tenant may not seek the termination of or
a release from a lease under this section on the basis of an act
for which the tenant is the responsible party.
Section 503-C. Certification form requirements.
(a) Certification form.--The Office of Victim Advocate shall
develop and display on the Office of Victim Advocate's publicly
accessible Internet website a certification form with the
requirements specified under subsection (b).
(b) Required information.--
(1) A tenant shall verify all of the following
information in the certification form developed by the Office
of Victim Advocate for the purpose of section 502-C(b)(2)
(vi) :
(i) The tenant's name and the address of the
dwelling unit.
(ii) The name of the victim if different from the
tenant's name.
(iii) The name of the responsible party if known and
can be safely disclosed.
(iv) The approximate dates and locations during
which the act or acts which qualify the tenant as an
eligible tenant occurred, including the most recent date.
(v) A statement that the tenant intends to relocate
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for the safety or the physical, mental or financial well-
being of the tenant or a family or household member of
the tenant as a direct result of an act of which the
tenant or a family or household member is a victim.
(2) An attesting third party shall verify all of the
following information in the certification form developed by
the Office of Victim Advocate for the purpose of section
section 502-C(b)(2)(vi) :
(i) T he name and business telephone number of the
attesting third party.
(ii) The capacity in which the attesting third party
received the information that the tenant or a family or
household member was a victim.
(iii) A statement that the attesting third party:
(A) read the tenant's verification under
paragraph (1) and has been advised by the tenant that
the tenant or a family or household member of the
tenant is a victim;
(B) believes that the tenant or a family or
household member of the tenant is a victim;
(C) believes the tenant is an eligible tenant;
(D) believes that the tenant needs to relocate
for the safety or the physical, mental or financial
well-being of the tenant or a family or household
member of the tenant as a direct result of an act of
which the tenant or a family or household member is a
victim; and
(E) understands that the verification under this
paragraph may be used as the basis for releasing the
tenant from a lease.
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(c) Confidentiality.--Furnishing evidence or providing a
verification under this section or section 502-C shall not waive
a confidentiality or privilege that may exist between the tenant
or victim and a third party.
Section 504-C. Change of locks.
(a) Right of tenants.--Subject to subsections (b) and (c),
if a tenant is an eligible tenant and the tenant has a
reasonable fear that a responsible party or another individual
acting on the responsible party's behalf may attempt to gain
access to the dwelling unit that the tenant leases, the tenant
may change or rekey the locks or other security devices for the
dwelling unit. A tenant who changes or rekeys the locks shall
immediately provide a key or other means of access to the
landlord or any other tenant, other than the responsible party,
who is a party to a lease.
(b) Right of landlords.--If the locks or other security
devices are changed or rekeyed under subsection (a), the
landlord may change or rekey the locks to ensure compatibility
with the landlord's master key or other means of access or
otherwise accommodate the landlord's reasonable commercial
needs.
(c) Prohibition.--If a responsible party is a party to a
lease, a tenant may not change or rekey the locks or other
security devices under subsection (a) unless:
(1) there is a court order, other than an ex parte
order, expressly requiring the responsible party to vacate
the dwelling unit or prohibiting the responsible party from
having contact with the tenant or a family or household
member of the tenant who is a victim of the responsible
party; and
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(2) the tenant provides a copy of the court order under
paragraph (1) to the landlord.
(d) Civil relief.--A responsible party shall not be entitled
to damages or other civil relief against a landlord or tenant
who complies in good faith with this section.
Section 505-C. Prohibition on certain acts by landlords.
(a) Prohibition.--A landlord may not do any of the
following:
(1) Assess a fee or penalty against a tenant or
otherwise retaliate against the tenant solely for exercising
a right granted under this article.
(2) Consider a tenant for any purpose, due solely to the
tenant exercising a right granted under this article, to have
breached the terms of the lease.
(3) By reason of a tenant exercising a right granted
under this article, withhold return to the tenant of a
security deposit or other escrows to which the tenant is
otherwise entitled due to the tenant terminating a lease
under this article. The provisions of Article V shall
otherwise apply with regard to the retention or return of
escrow funds and to other sums that may be withheld by the
landlord. Nothing in this section shall be construed to
affect a tenant's liability for unpaid rent or other amounts
owed to the landlord before the termination of a lease under
this act.
(4) Increase or threaten to increase the rent, security
deposit or fees payable under a lease, decrease or threaten
to decrease services required under a lease or this act ,
terminate or threaten to terminate a lease, refuse to renew a
lease, serve or threaten to serve a notice to terminate a
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periodic tenancy, bring or threaten to bring an action for
possession, refuse to lease a dwelling unit or impose
different rules or selectively enforce the landlord's rules
because of any of the following:
(i) A tenant or proposed tenant or a family or
household member of the tenant or proposed tenant is or
has been a victim.
(ii) A tenant or proposed tenant has previously
exercised a right granted under this article.
(iii) Criminal activity occurred relating to an act
or acts of which a tenant or proposed tenant or a family
or household member of the tenant or proposed tenant is a
victim and the tenant or proposed tenant is not a
responsible party.
(iv) Police or emergency personnel responded to a
good faith complaint of activities relating to an act or
acts of which the tenant or proposed tenant or a family
or household member of the tenant or proposed tenant is a
victim and the tenant or proposed tenant is not a
responsible party.
(5) Disclose information reported to the landlord in a
notice under section 502-C to another party unless any of the
following apply:
(i) The tenant provides specific time-limited and
contemporaneous consent to the disclosure in writing.
(ii) The information is required to be disclosed by
a court order or any other Federal or State law.
(b) Willful violation.--
(1) If a landlord willfully violates this section, a
tenant may terminate a lease or defend an action for
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possession on the grounds that the landlord willfully
violated this section or obtain appropriate injunctive
relief.
(2) In the action under paragraph (1), the court shall
award the tenant an amount equal to three months' rent, or
triple actual damages, whichever is greater.
Section 2. The addition of Article V-C of the act shall
apply to leases entered into or extended on or after the
effective date of this section.
Section 3. This act shall take effect in 60 days.
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