PRINTER'S NO. 1411

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1095

Session of

2024

INTRODUCED BY DILLON, CAPPELLETTI, SAVAL, FONTANA, SCHWANK,

HAYWOOD, COLLETT, KANE, STREET AND KEARNEY, MARCH 11, 2024

REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 11, 2024

residential rental property rate increases; and establishing

the Rent Control Advisory Board.

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 a

section to read:

Section 106. Residential Rental Property Rate Increases.--

(a) A lessor of a residential rental property of a tenant may

not increase the gross rental amount for the residential rental

property is located, whichever is greater. The following apply:

(1) In determining the lowest gross rental amount, any rent

discount, incentive, concession or credit offered by the lessor

and accepted by the tenant shall be excluded.

(2) The gross rental amount and any rent discount,

incentive, concession or credit shall be separately listed and

identified in the rental agreement, and in any amendment of the

rental agreement, of the tenant.

(3) If the same tenant remains in occupancy of a residential

rental property over any twelve-month period, the lessor may not

of the increase.

(2) The written notice of the increase must specify all of

the following:

(i) The amount of the increase.

(ii) The new gross rental amount.

(iii) The facts supporting an exception authorized under

subsection (h) for any increase exceeding the limitations under

subsection (a), if applicable.

(iv) The date on which the increase becomes effective.

(c) A lessor may not increase the gross rental amount for a

execution of the rental agreement by the new tenant.

(d) A lessor that increases gross rental amounts in

violation of this section is liable to the tenant in an amount

equal to three months' rent of the tenant plus actual damages

suffered by the tenant.

(e) Nothing in this section shall be construed to affect or

impair the right of a tenant to pursue a private cause of action

or seek other relief.

(f) The Rent Control Advisory Board is established to

administer this section. The following apply:

(1) The appointment of members of the board shall be as

and Veterans Affairs.

(B) An individual representing recipients of low-income

housing.

(iii) The Minority Leader of the Senate shall appoint the

following as members of the board:

(A) An individual representing developers.

(B) An individual representing persons with disabilities.

(iv) The Speaker of the House of Representatives shall

appoint the following as members of the board:

(A) An individual representing the building or construction

(v) The Minority Leader of the House of Representatives

shall appoint the following as members of the board:

(A) An individual representing the Pennsylvania Housing

Finance Agency.

(B) An individual representing lessors.

(2) The members of the board shall be appointed as follows:

(i) Except as provided in subparagraph (ii), members of the

board shall be appointed for a term of three years and may be

reappointed.

(ii) Members of the board first appointed shall be appointed

for staggered terms so that the terms of no more than four

(C) The members of the board listed in paragraph (1)(iv) and

(v) shall initially be appointed for a three-year term.

(3) The m embers of the board shall serve without pay.

(4) A vacancy on the board that occurs other than by the

expiration of the term of the board member shall be filled for

the unexpired term in the same manner as the original

appointment.

(5) T he appointing authority may remove any of its members

of the board for misconduct or malfeasance in office, incapacity

or neglect of duty.

discuss the effects of the measures under this section as they

relate to lessors, tenants, residential rental property and

other related matters.

(8) The members of the board shall choose a chairperson and

vice chairperson of the board.

(9) A majority of the members of the board shall constitute

a quorum to conduct the official business of the board.

(10 ) The Office of the Governor shall ensure that reasonable

staff and support are made available to the board to carry out

its duties.

(11) The following apply to reports:

(A) The Governor.

(B) The President pro tempore of the Senate.

(C) The Speaker of the House of Representatives.

(D) The Minority Leader of the Senate.

(E) The Minority Leader of the House of Representatives.

(F) The chairperson and minority chairperson of the Urban

Affairs and Housing Committee of the Senate.

(G) The chairperson and minority chairperson of the Housing

and Community Development Committee of the House of

Representatives.

that information to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin.

(g) A lessor may evict a tenant from a residential rental

property only for good cause.

(h) A lessor may file an action with the magisterial

district judge with jurisdiction over the location in which the

residential rental property is located to appeal the

prohibition under subsection (a) or (c). The following apply:

(1) The appeal must be based on financial hardship that:

(i) is caused by the prohibition;

under subsection (a), with the new cap not to exceed twenty per

cent of the amount specified under subsection (a).

(3) The remedy sought under the appeal regarding subsection

(b) shall be an upward adjustment of the gross rental amount not

to exceed fifteen per cent.

(i) This section does not apply in any of the following

cases:

(1) The residential rental property has been newly

constructed and issued a certificate of occupancy as a result of

its completion, less than ten years from the effective date of

government and the change in rent:

(i) does not increase the tenant's portion of the rent; or

(ii) is required by program eligibility requirements or by a

change in the tenant's income.

(3) Except as provided in subsection (c), the lessor is

entering into a new rental agreement in which no tenant from the

prior rental agreement remains in lawful possession of the

residential rental property. In such a case, the following

apply:

(i) Subsection (a) shall not apply to the establishment by

the lessor of the initial gross rental amount of the residential

taxes during the period of the rental agreement.

(5) The lessor is a small landlord.

(6) The residential rental property is a dormitory.

(j) This section shall not apply on or after the date that

is fifteen years after the effective date of this subsection.

(k) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Area median income." The midpoint of a specific area's

household income distribution, as calculated on an annual basis

by the United States Department of Housing and Urban

"Dormitory." A building constructed and maintained in

connection with an institution of higher education for the use

and occupancy of students in attendance at the institution of

higher education.

"Good cause." Any of the following:

(1) Failure of the tenant to pay the gross rental amount.

(2) Violation by the tenant of a material term of the rental

agreement, after being given a written notice to correct the

violation.

(3) Criminal activity by the tenant on the residential

rental property, including any common area, or criminal activity

(1) The monthly amount of money paid by a tenant for rent

for a residential rental property, as specified in the rental

agreement of the tenant.

(2) The term does not include fees, penalties or the costs

of utilities for the residential rental property.

"Institution of higher education." As defined in section

118(c) of the act of March 10, 1949 (P.L.30, No.14), known as

the Public School Code of 1949.

"Lessor." A person, who is a landlord, with an ownership

stake in owning, controlling, leasing, operating or managing a

allows a tenant to use and occupy a residential rental property.

(2) The term includes a lease or sublease.

"Residential rental property." A dwelling, or unit within a

dwelling, that is used or intended to be used as a place of

human habitation and is the subject of a rental agreement.

"Small landlord." A lessor, who is a landlord, with an

ownership stake in owning, controlling, leasing, operating or

managing fewer than fifteen units in a residential rental

property or in multiple residential rental properties.

"Tenant." An individual who lawfully occupies or intends to

lawfully occupy a residential rental property.