A07024
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
975
Session of
2015
INTRODUCED BY DEAN, V. BROWN, FREEMAN, MACKENZIE, BROWNLEE,
KOTIK, DAVIS, KINSEY, SCHREIBER, THOMAS, DeLUCA, YOUNGBLOOD,
McNEILL, COHEN, SCHWEYER, O'BRIEN, McCARTER, CALTAGIRONE,
FABRIZIO, W. KELLER, SIMS, KORTZ, SABATINA, ACOSTA, FRANKEL,
GIBBONS, HENNESSEY, TOOHIL, EVERETT, MALONEY, O'NEILL,
D. COSTA, DEASY, KIM, J. HARRIS AND WATSON, APRIL 15, 2015
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 13, 2016
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," in recovery of possession, providing for
early termination of leases by individuals with disabilities
and senior citizens.
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 514. Early Termination of Leases by Individuals with
Disabilities and Senior Citizens.--(a) Notwithstanding any
other provision of this act or law, a tenant of a residential
unit may terminate the lease prior to the date provided in the
lease by providing the landlord of the residential unit with the
information specified in subsection (b) if the tenant:
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(1) has a disability or is a senior citizen; and
(2) is either:
(i) awaiting admission and subsequently moves to a health
care facility LICENSED LONG-TERM CARE SERVICE PROVIDER ; or
(ii) needs to move and subsequently moves to a family
member's residence for the express purpose of receiving care
from a home health care agency for a period of no less than six
months.
(b) The following information must be submitted to a
landlord:
(1) written notice delivered to the landlord IN ACCORDANCE
WITH THE TERMS OF THE LEASE sixty days prior to the proposed
early termination date informing the landlord of the tenant's
required admission and move to a health care facility LICENSED
LONG-TERM CARE SERVICE PROVIDER or need to move to a family
member's residence for the express purpose of receiving care
from a home health care agency for a period of no less than six
months;
(2) certified documentation signed by a licensed physician
indicating that the tenant, due to medical reasons, is unable to
continue to live independently in the residential unit and
requires admission to a health care facility LICENSED LONG-TERM
CARE SERVICE PROVIDER or needs to receive care from a home
health care agency for a period of no less than six months; and
(3) if applicable, a notarized statement from the tenant's
family member attesting to the fact that the tenant is a
relative and will be moving into the family member's residence
to receive care from a home health care agency for a period of
no less than six months.
(c) Nothing under this section shall be construed to relieve
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a tenant to which this section applies of liability for rent or
any other debt OBLIGATION incurred under a lease prior to the
termination date provided in the lease early termination date
authorized under this section .
(d) For the purposes of this section, the following words
shall have the meanings ascribed to them in this subsection
unless the context otherwise indicates:
"ASSISTED LIVING RESIDENCE." AN ASSISTED LIVING RESIDENCE AS
DEFINED IN SECTION 1001 OF THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE HUMAN SERVICES CODE.
"CONTINUING-CARE PROVIDER." A FACILITY LICENSED BY THE
INSURANCE DEPARTMENT UNDER THE ACT OF JUNE 18, 1984 (P.L.391,
NO.82), KNOWN AS THE CONTINUING-CARE PROVIDER REGISTRATION AND
DISCLOSURE ACT.
"Disability." A physical or mental impairment that
substantially limits one or more major life activities.
"Health care facility." Any general, chronic disease or
other type of hospital, personal care home, home health care
agency, hospice or long-term care nursing facility.
"HOME HEALTH CARE AGENCY." AS Any of the following as
DEFINED IN SECTION 802.1 OF THE ACT OF JULY 19, 1979 (P.L.130,
NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT:
(1) A home health care agency.
(2) A long-term care nursing facility.
(3) A hospice.
(4) A home care agency.
(5) A home care registry.
"LICENSED LONG-TERM CARE SERVICE PROVIDER." THE TERM SHALL
INCLUDE:
(1) AN ASSISTED LIVING RESIDENCE.
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(2) A CONTINUING-CARE PROVIDER.
(3) A LIFE PROGRAM.
(4) A LONG-TERM CARE NURSING FACILITY.
(5) A PERSONAL CARE HOME.
"LIFE PROGRAM." THE PROGRAM OF MEDICAL AND SUPPORTIVE
SERVICES KNOWN AS LIVING INDEPENDENTLY FOR ELDERS UNDER 42 CFR
PT. 460 (RELATING TO PROGRAMS OF ALL-INCLUSIVE CARE FOR THE
ELDERLY (PACE)).
"LONG-TERM CARE NURSING FACILITY." AS DEFINED IN SECTION
802.1 OF THE ACT OF JULY 19, 1979(P.L.130, NO.48), KNOWN AS THE
HEALTH CARE FACILITIES ACT.
"PERSONAL CARE HOME." AS DEFINED IN SECTION 1001 OF THE ACT
OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES
CODE.
"Senior citizen." Any person who has attained the age of 62
60 years of age or older, or will attain such age during the
term of an agreement in which the person is a tenant of a
residential unit.
Section 2. The provisions of this act shall only apply to
leases entered into or extended on or after the effective date
of this section.
Section 3. This act shall take effect immediately.
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