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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2019 - 2020
Regular Session
MEMORANDUM
| Posted: | April 17, 2024 04:46 PM |
|---|---|
| From: | Senator Lynda Schlegel Culver |
| To: | All Senate members |
| Subject: | Holding Home Contractors Accountable |
| Please join me in co-sponsoring legislation that seeks to address the crime of Home Improvement Fraud. Victims of Home Improvement Fraud often face a long and arduous battle to recover financially from this crime. I believe changes need to be made in the law to further protect and strengthen a homeowner’s ability to recover of funds while also cracking down on contractors who maliciously use the current law to fail to complete promised projects and refuse to refund money. Currently, Home Improvement Fraud is found in Title 73 (Trade and Commerce) under Section 517.8. My legislation seeks to strengthen current law by shifting the crime of Home Improvement Fraud from Title 73 to the Crimes Code theft section located in Title 18 and amending current language that could provide for a potential defense for contractors who have not completed a substantial portion of work. In cases where a contractor collects a down-payment and fails to perform any work, fails to return the down payment, and more than 45 days have elapsed since the proposed starting date, criminal prosecutions are not difficult. However, Under Section 517.9 of Title 73, which addresses the refund of money, if 45 days have elapsed since the project start date contractors are essentially shielded from the requirement to return any payments provided they performed a “substantial” portion of the work. Unfortunately, some fly-by-night contractors are aware of this provision in the law and, as a result, have a built-in defense to criminal charges by claiming that they performed a “substantial” portion of it. By performing what could be viewed as a “substantial” portion of work, the matter turns from criminal to civil resulting in a homeowner’s obligation and expense to file a small claims suit which often results in the homeowner not recovering funds. Please join me in co-sponsoring this very important piece of legislation. |