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10/20/2021 05:09 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35774
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: June 1, 2021 04:01 PM
From: Representative Jim Rigby and Rep. Louis C. Schmitt, Jr.
To: All House members
Subject: Act 99/Rent Withholding Bill Package
 
In the near future, we plan to introduce two pieces of legislation that work together: The first bill, which will be introduced by Rep. Rigby, will make necessary amendments to Act 133 of 2017 regarding access permits for a property at sale when the property has code violations, and to clarify how Act 133 works in the case of a tenant occupied property.
 
The second bill, which will be introduced by Rep. Schmitt, will open the City Rent Withholding Act to all municipalities. Currently this Act is only open to cities.
 
Since the passage of Act 133 of 2017, concerns have been raised regarding ambiguities in the language, and the practical application of access permits in our local municipalities. Therefore, together, these two pieces of legislation will clarify Act 133 what happens when a property is deemed unfit for human habitation and tenants occupy it.
 
Specifically, there are concerns about the ambiguity regarding which types of violations must be resolved within 12 months from the date of purchase. This issue will be clarified in Rep. Rigby’s legislation, so that it is clear that serious violations must be resolved within 12 months.
 
There have also been some concerns about tenant occupied properties when a serious violation is found on the property, and only an access permit is granted. This leaves tenants without the ability to remain in the property while waiting for serious violations to be corrected.
 
These two bills work together to address these concerns by clarifying that if a property is already occupied by tenants, they may remain in the property, dependent on the discretion of the code enforcement official and based on human habitation.
 
Rep. Schmitt’s bill then clarifies that in such a case, the tenant may withhold rent under Act 536 of 1966.
 
Please consider joining both of us in sponsoring these two bills.



Document #1

Introduced as HB1775

Description: Prime Sponsor: Rep. Jim Rigby
Amendments to Act 133 of 2017 regarding access permits for a property at sale when the property has code violations, and to clarify how Act 133 works in the case of a tenant occupied property.
 
 

Document #2

Introduced as HB1777

Description: Prime Sponsor: Rep. Louis Schmitt
Opens the City Rent Withholding Act to all municipalities.