HOUSE AMENDED
PRIOR PRINTER'S NOS. 938, 1350 PRINTER'S NO. 1723
No. 860 Session of 1993
INTRODUCED BY AFFLERBACH, PORTERFIELD, HART, WILLIAMS, SHAFFER,
BELAN, BORTNER, DAWIDA, REIBMAN, ROBBINS AND BAKER,
MARCH 31, 1993
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 22, 1993
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania <--
2 Consolidated Statutes, providing for landlord ratepayers and
3 tenants, for notice prior to termination of service, for
4 penalties and for remedies; and imposing duties upon owners
5 of rental property.
6 AMENDING TITLE 66 (PUBLIC UTILITIES) OF THE PENNSYLVANIA <--
7 CONSOLIDATED STATUTES, PROVIDING FOR DISSEMINATION OF
8 TELEPHONE NUMBERS AND OTHER IDENTIFYING INFORMATION.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definitions of "landlord ratepayer," <--
12 "residential building" and "tenant" in section 1521 of Title 66
13 of the Pennsylvania Consolidated Statutes are amended and the
14 section is amended by adding definitions to read:
15 § 1521. Definitions.
16 The following words and phrases when used in this subchapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Billing month." A period of time not to exceed 35 days. The
1 bill shall not include any previously billed service furnished
2 during a period other than that covered by the current bill. If
3 previously unbilled utility service is included in the current
4 utility bill, the utility shall use an estimated bill for the
5 30-day period.
6 "Discontinuance." Any cancellation of the service contract
7 at the request of the ratepayer and in accordance with section
8 1523(b) (relating to notices before service to landlord
9 terminated).
10 "Landlord ratepayer." One or more individuals or an
11 organization listed on a gas, electric, steam, sewage or water
12 utility's records as the party responsible for payment of the
13 gas, electric, steam, sewage or water service provided to one or
14 more residential units of a residential building or mobile home
15 park of which building or mobile home park the party is not the
16 sole occupant. In the event the landlord ratepayer is not the
17 party to a lease between the landlord ratepayer and the tenant,
18 the term also includes the individual or organization to whom
19 the tenant makes rental payments pursuant to a rental
20 arrangement.
21 * * *
22 "Residential building." A building containing one or more
23 dwelling units occupied by one or more tenants. The term does
24 not include nursing homes, hotels and motels or any dwelling of
25 which the landlord ratepayer is the only resident.
26 ["Tenant." Any person or group of persons whose dwelling
27 unit in a residential building or mobile home park is provided
28 gas, electricity, steam or water pursuant to a rental
29 arrangement for the dwelling unit, mobile home or plot of ground
30 within a mobile home park but who is not the ratepayer of the
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1 utility which supplied the gas, electricity, steam or water.]
2 "Tenant." Any person or group of persons who are
3 contractually obligated to make rental payments to the landlord
4 ratepayer under a rental arrangement, including, but not limited
5 to, an oral or written lease with the landlord ratepayer for a
6 dwelling unit in a residential building or mobile home park
7 which is provided gas, electric, steam, sewer or water as an
8 included service under the rental agreement and who are not the
9 ratepayers of the utility which supplied the gas, electric,
10 steam, sewer or water service.
11 "Termination." The cessation of service, whether temporary
12 or permanent, without the consent of the ratepayer. For the
13 purposes of this subchapter, this term shall include cessation
14 of service at the request of the landlord ratepayer when a
15 tenant does not agree to the cessation of service.
16 Section 2. Sections 1522, 1523 heading and (a), 1524, 1525,
17 1526, 1527(a), (b) and (c) and 1528 of Title 66 are amended to
18 read:
19 § 1522. Applicability of subchapter.
20 (a) General rule.--This subchapter applies to public
21 utilities as defined in paragraph (1)(i) and (ii) of the
22 definition of "public utility" in section 102 (relating to
23 definitions) and to public utility service rendered by those
24 public utilities if the premises served constitute residential
25 buildings as defined in section 1521 (relating to definitions).
26 (b) Municipal service beyond corporate limits.--
27 (1) Public utility service being furnished or rendered
28 by a municipal corporation, or by the operating agencies of
29 any municipal corporation, beyond its corporate limits shall
30 be subject to the provisions of this subchapter establishing
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1 the procedures, rights, duties and remedies for the
2 [discontinuance] termination of service to landlord
3 ratepayers.
4 (2) Tenants and landlord ratepayers of a dwelling unit
5 in residential buildings or mobile home parks receiving
6 public utility service being furnished or rendered by a
7 municipal corporation, or by the operating agencies of any
8 municipal corporation, beyond its corporate limits shall be
9 subject to the provisions of this subchapter establishing the
10 procedures, rights, duties and remedies for the
11 [discontinuance] termination of service, the right of the
12 tenants to withhold rent, the prohibition of waiver and the
13 prohibition against retaliation by the landlord ratepayer
14 with respect to the public utility service.
15 § 1523. Notices before service to landlord [discontinued]
16 terminated.
17 (a) Nonpayment of charges.--Except when required to prevent
18 or alleviate an emergency as defined by the commission or except
19 in the case of danger to life or property, before any
20 [discontinuance] termination of service to a landlord ratepayer
21 for nonaccess as defined by the commission in its rules and
22 regulations or nonpayment of charges, a public utility shall:
23 (1) Notify the landlord ratepayer of the proposed
24 [discontinuance] termination in writing as prescribed in
25 section 1525 (relating to delivery and contents of
26 [discontinuance] termination notice to landlord) at least 37
27 days before the date of [discontinuance] termination of
28 service.
29 (2) Notify the following agencies which serve the
30 community in which the affected premises are located[,] in
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1 writing[, at the time of delivery of notice to the tenants of
2 the proposed discontinuance] not less than ten days before
3 the proposed termination of service:
4 (i) The Department of Licenses and Inspections of
5 any city of the first class.
6 (ii) The Department of Public Safety of any city of
7 the second class, second class A or third class.
8 (iii) The city or county Public Health Department
9 or, in the event that such a department does not exist,
10 the Department of Health office responsible for that
11 county.
12 (3) Notify each dwelling unit reasonably likely to be
13 occupied by an affected tenant of the proposed
14 [discontinuance] termination in writing as prescribed in
15 section 1526 (relating to delivery and contents of first
16 [discontinuance] termination notice to tenants) at least
17 seven days after notice to the landlord ratepayer pursuant to
18 this section and at least 30 days before the [discontinuance]
19 termination of service. If within seven days of [receipt of
20 the notice] delivery or mailing of the notice to the landlord
21 issued pursuant to this section the landlord ratepayer files
22 a complaint with the commission disputing the right of the
23 utility to [discontinue] terminate service, the notice shall
24 not be rendered until the complaint has been adjudicated by
25 the commission, but the landlord ratepayer shall continue to
26 pay the undisputed portion of current bills when due pending
27 the final decision of the complaint.
28 * * *
29 § 1524. Request to landlord to identify tenants.
30 (a) Duty of public utility and landlord.--At least 37 days
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1 before the termination of service, it is the duty of any public
2 utility to request from the landlord ratepayer the names and
3 addresses of the affected tenants. Upon receiving [a lawful]
4 such a request for the names and addresses of the affected
5 tenants pursuant to this subchapter, the landlord ratepayer
6 shall provide the utility with the names and addresses of every
7 affected tenant of any residential building or mobile home park
8 for which the utility is proposing to [discontinue] terminate
9 service unless within seven days of [receipt] delivery or
10 mailing of the notice the landlord ratepayer pays the amount due
11 the utility or makes an arrangement with the utility to pay the
12 balance.
13 (b) Time for providing information.--The information shall
14 be provided by the landlord ratepayer:
15 (1) within seven days of receipt of a request from a
16 public utility for tenants' names under subsection (a);
17 (2) within seven days of [receipt] delivery or mailing
18 of the notice to the landlord ratepayer required by section
19 1523 (relating to notices before service to landlord
20 [discontinued); or] terminated);
21 [(2)] (3) within three days of any adjudication by the
22 commission that the landlord ratepayer must provide the
23 requested information if the landlord files a complaint with
24 the commission within seven days of receipt of the notice to
25 the landlord disputing the right of the utility to
26 [discontinue service.] terminate service; or
27 (4) upon such terms as may be ordered by a court in an
28 action brought by the utility under section 1532(b) (relating
29 to penalties).
30 (c) [Duty of public utility.--It shall be the duty of any
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1 public utility to pursue any appropriate legal remedy it has in
2 order to obtain from the landlord ratepayer the names and
3 addresses of all affected tenants of a residential building or
4 mobile home park for which the utility is proposing
5 discontinuance of service to the landlord ratepayer.] Right of
6 public utility.--In the event the public utility is unable to
7 obtain the names and addresses of all affected tenants from the
8 landlord ratepayer, the public utility may pursue any
9 appropriate legal or equitable remedy it has in order to obtain
10 from the landlord ratepayer the names and addresses of all
11 affected tenants of a residential building or mobile home park
12 for which the utility is proposing termination of service to the
13 landlord ratepayer. The commission may order the public utility
14 to obtain the information from the landlord ratepayer.
15 § 1525. Delivery and contents of [discontinuance] termination
16 notice to landlord.
17 (a) General rule.--The notice required to be given to a
18 landlord ratepayer pursuant to section 1523 (relating to notices
19 before service to landlord [discontinued] terminated) shall
20 contain the following information:
21 (1) The amount owed the utility by the landlord
22 ratepayer for each affected account.
23 (2) The date on or after which service will be
24 [discontinued] terminated.
25 (3) The date on or after which the company will notify
26 tenants of the proposed [discontinuance] termination of
27 service and of their rights under sections 1527 (relating to
28 right of tenants to continued service), 1529 (relating to
29 right of tenant to recover payments) and 1531 (relating to
30 retaliation by landlord prohibited).
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1 (4) The obligation of the landlord ratepayer under
2 section 1524 (relating to request to landlord to identify
3 tenants) to provide the utility with the names and addresses
4 of every affected tenant or to pay the amount due the utility
5 or make an arrangement with the utility to pay the balance
6 including a statement:
7 (i) That the list must be provided or payment or
8 arrangement must be made within seven days of receipt of
9 the notice.
10 (ii) Of the penalties and liability which the
11 landlord ratepayer may incur under section 1532 (relating
12 to penalties) by failure to comply.
13 (5) The right of the landlord ratepayer to stay the
14 notification of tenants by filing a complaint with the
15 commission disputing the right of the utility to
16 [discontinue] terminate service.
17 (b) Service of notice.--Any one of the following procedures
18 shall constitute effective notice to the landlord under section
19 1523:
20 (1) Notice by certified mail if the utility receives a
21 return receipt signed by the landlord ratepayer or [his
22 agent] the agent of the landlord ratepayer.
23 (2) Notice by personal service of the landlord ratepayer
24 or [his agent] the agent of the landlord ratepayer on one
25 business day and conspicuously posting at the landlord
26 ratepayer's principal place of business or the business
27 address which the landlord provided the utility as his
28 address for receiving communications.
29 (3) [After unsuccessful attempts at personal delivery on
30 two separate days, notice] Notice by first class mail [and
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1 conspicuously posting at the landlord ratepayer's principal
2 place of business or the business address which the landlord
3 provided the utility as his address for receiving
4 communications.] to the landlord ratepayer only after an
5 unsuccessful attempt at personal service on one business day.
6 Notice by first class mail may occur on the same business day
7 as the attempt at personal service.
8 (4) If the landlord ratepayer's place of business is
9 located outside of this Commonwealth and no agent of the
10 landlord ratepayer is located in the State, notice by
11 certified mail and notice by first class mail to the landlord
12 ratepayer on the same business day.
13 § 1526. Delivery and contents of first [discontinuance]
14 termination notice to tenants.
15 (a) General rule.--The notice required to be given to a
16 tenant pursuant to section 1523 (relating to notices before
17 service to landlord [discontinued) shall be mailed or otherwise
18 delivered to the address of each affected tenant and]
19 terminated) shall be sent by first class mail or otherwise hand-
20 delivered to each affected tenant by name at his individual
21 dwelling unit, or by unit number or unit designation, and shall
22 be posted in common areas.
23 (1) In the case when a utility does not send notice by
24 first class mail, notice shall be hand delivered. Hand
25 delivery shall mean two attempts at personal service on a
26 responsible individual residing within the dwelling unit, on
27 the same or separate days. Each attempt at personal service
28 must be made as follows:
29 (i) One attempt shall be made between 8 a.m. and 5
30 p.m. on any day Monday through Friday.
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1 (ii) The other attempt shall be made either between
2 6 p.m. and 10 p.m. on any day Monday through Friday, or
3 between 8 a.m. and 5 p.m. on a Saturday or Sunday.
4 Each of these attempts must be made not less than four hours
5 apart. If no personal service is made on any occasion, the
6 notice must be posted on the individual dwelling unit and
7 inserted under the door if floor space allows.
8 (2) In the case where the utility cannot gain access to
9 a residential building to comply with paragraph (1), the
10 utility shall apply to court to obtain the names and send
11 notice by first class mail to the affected tenant.
12 In order to obtain the names and addresses of the affected
13 tenants and in conjunction with section 1524 (relating to
14 request to landlord to identify tenants), the utility
15 representative shall visit the affected premises within seven
16 days of service of notice to the landlord ratepayer, under
17 section 1525 (relating to delivery and contents of termination
18 notice to landlord), and by personally contacting one or more of
19 the affected tenants shall attempt to obtain the names of all
20 the tenants residing in the affected premises. The notice for
21 each affected tenant for whom a name has been obtained shall be
22 sent by first class mail or otherwise hand-delivered to each
23 affected tenant by name at his individual dwelling unit by
24 address and by unit number or, if none exists, by unit
25 designation and shall also be conspicuously posted in the common
26 areas. The notice for each affected tenant for whom a name has
27 not been obtained shall be hand-delivered to each individual
28 dwelling unit by address and unit number or, if none exists, by
29 unit designation and shall be conspicuously posted in the common
30 areas. For the purposes of this subsection, the term "unit
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1 designation" means the geographic location of a dwelling unit by
2 floor and floor area. All notices shall contain the following
3 information:
4 (1) The date on which the notice is rendered.
5 (2) The date on or after which service will be
6 discontinued.
7 [(3) The circumstances under which service to the
8 affected tenant may be continued specifically referring to
9 the conditions set out in section 1527 (relating to right of
10 tenants to continued service).
11 (4) The bill for the 30-day period preceding the notice
12 to the tenants.
13 (5) The statutory rights of a tenant to:
14 (i) Deduct the amount of any direct payment to the
15 utility from any rent payments then or thereafter due.
16 (ii) Protection against any retaliation by the
17 landlord for exercising such statutory right.
18 (iii) Recover money damages from the landlord for
19 any such retaliation.
20 (6) That tenants may make payment to the utility on
21 account of nonpayment of charges by the landlord ratepayer
22 only by check or money order drawn by the tenant to the order
23 of the utility.
24 (7) A telephone number at the utility and at the
25 commission which a tenant may call for an explanation of his
26 rights.
27 (b) Information posted by utility.--The information in
28 subsection (a) shall be posted by the utility in those common
29 areas of the residential building or mobile home park where it
30 is reasonably likely to be seen by the affected tenants. Any
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1 officer or employee of the utility may at any reasonable time
2 enter the common hallways and common areas of such building for
3 the purpose of complying with the provisions of this section.]
4 (3) On each account, the bill for the billing month
5 preceding the notice to the tenants except that, in the case
6 of water and sewer service where the billing period is
7 bimonthly or quarterly, the utility shall provide an estimate
8 of costs for the previous 30-day period. Estimates shall be
9 based upon actual usage or, if actual usage is not available,
10 by determining one-twelfth of the dwelling unit's annual
11 usage.
12 (4) The following statement of the tenant's rights, the
13 words and phrases of which appear all in capital letters to
14 be printed in 12-point bold-faced type with the first letter
15 printed in upper case and the letters that follow in lower
16 case and the words and phrases which do not appear all in
17 capital letters to be printed in ten-point type, with any
18 letter in upper case to remain so and the rest in lower case:
19 IMPORTANT NOTICE TO TENANTS
20 WARNING: YOUR (utility company shall insert company
21 name and type of service) MAY BE SHUT OFF ON OR AFTER
22 (date) BECAUSE (utility shall fill in reason for
23 termination). TO STOP THE SHUTOFF OF YOUR UTILITY
24 SERVICE, YOU MUST DO ONE OF THE FOLLOWING THINGS:
25 1. You can join with the other tenants to pay
26 the utility bill for the last 30 days preceding this
27 notice or you can pay the total bill yourself. Either
28 way, you do not have to pay a deposit or get credit
29 granted in your name. You will not have to pay your
30 landlord's other debts or the debts of prior tenants
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1 and the utility service will remain in the name of
2 the landlord.
3 2. You may deduct your payment to the utility
4 company from your rent due now or from future rent.
5 The utility company will tell your landlord how much
6 you paid for that utility service.
7 ADDITIONAL INFORMATION
8 1. The bill which must be paid to continue
9 service is $(amount).
10 2. Your landlord cannot punish you if you pay
11 the utility bill. Your landlord cannot raise your
12 rent, cannot evict you and cannot take action against
13 you in any other way for paying the utility bill and
14 deducting it from rent. You have a right to recover
15 money damages from the landlord for any damages or
16 injury he causes you for exercising your rights as a
17 result of this notice.
18 3. You have the right to dispute the accuracy of
19 the bill and have certain other rights. If you would
20 like further information regarding these rights,
21 contact your utility at (utility shall fill in a
22 phone number and address where the tenant may get
23 further information).
24 DO YOU HAVE ANY QUESTIONS?
25 If you have any questions about your utility service,
26 please contact the utility company at (telephone
27 number and address). If, after talking about your
28 problems with the utility, you are not satisfied,
29 then call the Pennsylvania Public Utility Commission
30 at its toll-free number, which is 1-800-692-7380, or
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1 write the Residential Termination Unit, Bureau of
2 Consumer Services, Pennsylvania Public Utility
3 Commission, P.O. Box 3265, Harrisburg, Pennsylvania
4 17120. YOU SHOULD CALL OR WRITE BEFORE THE SHUTOFF.
5 TO AVOID SHUTOFF, YOUR LETTER MUST BE RECEIVED BEFORE
6 THE SHUTOFF DATE.
7 The words and phrases of the foregoing notice to tenants are
8 subject to revisions due to changes in the rules, regulations
9 and laws governing this subchapter.
10 (5) That the tenant or tenants must make payment to the
11 utility on account of nonpayment of charges by the landlord
12 ratepayer by check or money order drawn by the tenant to the
13 order of the utility or by cash, and that the tenant must
14 provide, upon request, reasonable identification to the
15 utility. Reasonable identification shall include, but not be
16 limited to, a driver's license, photo identification, medical
17 assistance or food stamp identification or any similar
18 document issued by any public agency which contains the name
19 and address of the tenant.
20 (b) Uniform explanation of tenants' rights and
21 responsibilities.--The commission shall direct the affected
22 utilities to develop for commission approval a uniform
23 explanation of all rights and responsibilities of tenants under
24 this subchapter. Within 180 days of the effective date of this
25 section, the uniform explanation of all rights and
26 responsibilities of tenants shall be available in a suitable
27 format for distribution by the utility company in response to
28 requests by tenants under subsection (a).
29 § 1527. Right of tenants to continued service.
30 (a) Application for continued service.--At any time before
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1 or after service is [discontinued] terminated by a public
2 utility on account of nonpayment of charges by the landlord
3 ratepayer, the affected tenants may apply to the utility to have
4 service continued or resumed.
5 (b) Payment of charges by tenants.--A public utility shall
6 not [discontinue] terminate service or shall promptly resume
7 service previously [discontinued] terminated if it receives from
8 the tenants an amount equal to the bill for the affected account
9 of the landlord ratepayer for the [30-day period] billing month
10 preceding the notice to the tenants. Thereafter, the utility
11 shall notify each tenant of the total amount of the bill for the
12 second and each succeeding [period of 30 days or less] billing
13 month and, if the tenants fail to make payment of any bill
14 within 30 days of the delivery of the notice to the tenants, the
15 utility may commence [discontinuance procedures] termination of
16 service, except that no [discontinuance] termination may occur
17 until 30 days after each tenant has [received written] been
18 furnished notice of the proposed [discontinuance] termination as
19 prescribed in section 1528 (relating to delivery and contents of
20 subsequent [discontinuance] termination notice to tenants). [All
21 payments of charges by tenants to a utility on account of
22 nonpayment by the landlord ratepayer shall be made by a check or
23 money order drawn by the tenant to the order of the utility.]
24 The tenant or tenants shall make payment to the utility on
25 account of nonpayment of charges by the landlord ratepayer by
26 check or money order drawn by the tenant to the order of the
27 utility or by cash. In all cases, the tenant shall provide, upon
28 request, reasonable identification to the utility. For the
29 purposes of this subsection, "reasonable identification" shall
30 include, but not be limited to, a driver's license, photo
19930S0860B1723 - 15 -
1 identification, medical assistance or food stamp identification,
2 or any similar document issued by any public agency which
3 contains the name and address of the tenant.
4 (c) Disposition of payment by utility.--Upon receiving any
5 payment, the utility shall notify the landlord ratepayer who is
6 liable for the utility service of the amount or amounts paid by
7 any tenant and the amount or amounts credited to the landlord's
8 bill for each tenant pursuant to this section. [In the event
9 that the tenants fail to satisfy the requirements of this
10 section to maintain or restore service and service to the
11 affected dwelling units is discontinued, the utility shall
12 refund to each tenant the amount paid by the tenant toward the
13 bill which the tenants failed to pay either upon the request of
14 the tenant or after holding the tenant's payment during 60
15 consecutive days of discontinued service, whichever occurs
16 first.] Tenants requesting continued utility service under this
17 section, except those individually subscribing for service under
18 subsection (d), shall not be considered utility customers but
19 shall be considered to be acting on behalf of the landlord
20 ratepayer who shall remain liable to the utility for service
21 provided after notice to tenants. In the event that the tenants
22 fail to satisfy the requirements of subsection (b) with regard
23 to the first billing month period preceding notice to the
24 tenant, the utility shall refund any such moneys received from a
25 tenant to that tenant. Any payments made by the tenants shall be
26 applied first against the bill for the billing month preceding
27 notice to the tenants and then against bills for service
28 rendered subsequent to the bill. Upon termination of service to
29 the tenants for failure to pay the utility bill for service in
30 full for any subsequent month or upon voluntary discontinuance
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1 of service at the request of the tenants, the utility shall
2 immediately refund to the tenants any amounts paid to the
3 utility for the billing period for which payment in full was not
4 remitted.
5 * * *
6 § 1528. Delivery and contents of subsequent [discontinuance]
7 termination notice to tenants.
8 Subsequent notices required to be given to a tenant pursuant
9 to section 1527 (relating to right of tenants to continued
10 service) shall be [mailed or otherwise delivered to the address
11 of] sent by first class mail or otherwise hand-delivered to each
12 affected tenant [and] by name at his individual dwelling unit,
13 by unit number or unit designation, and shall be posted in
14 common areas. Whenever the utility has been unable to obtain the
15 names and addresses of the affected tenants under section 1524
16 (relating to request to landlord to identify tenants) or 1526
17 (relating to delivery of first termination notice to tenants),
18 the utility shall hand-deliver the subsequent notice of
19 termination to each affected tenant for whom a name has not been
20 obtained to the tenant's individual dwelling unit by address and
21 unit number or, if none exists, by unit designation. The notice
22 shall also be conspicuously posted in the common areas. For the
23 purposes of this section, the term "unit designation" means the
24 geographic location of a dwelling unit by floor and floor areas.
25 All notices shall contain the following information:
26 (1) The date on or after which service will be
27 [discontinued] terminated.
28 (2) The amount due, which shall include the arrearage on
29 any earlier bill due from tenants.
30 (3) A telephone number and an address at the utility and
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1 at the commission which a tenant may call for an explanation
2 of his rights.
3 (4) The right of a tenant to file a complaint with the
4 commission to enforce any legal right that he may have under
5 this part.
6 Section 3. Title 66 is amended by adding a section to read:
7 § 1529.1. Duty of owners of rental property.
8 (a) Notice to public utility.--It is the duty of every owner
9 of a residential building or mobile home park which contains one
10 or more dwelling units, not individually metered, to notify each
11 public utility from whom utility service is received of their
12 ownership and the fact that the premises served are used for
13 rental purposes.
14 (b) History of account.--Upon receipt of the notice provided
15 in this section, if the mobile home park or residential building
16 contains one or more dwelling units not individually metered, an
17 affected public utility shall forthwith list the account for the
18 premises in question in the name of the owner, and the owner
19 shall thereafter be responsible for the payment for the utility
20 services rendered. In the case of individually metered dwelling
21 units, unless notified to the contrary by the tenant or an
22 authorized representative, an affected public utility shall list
23 the account for the premises in question in the name of the
24 owner, and the owner shall be responsible for the payment for
25 utility services to the premises.
26 (c) Failure to give notice.--Any owner of a residential
27 building or mobile home park failing to notify affected public
28 utilities as required by this section shall nonetheless be
29 responsible for payment of the utility services as if the
30 required notice had been given.
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1 Section 4. Sections 1531(c), 1532 and 1533 of Title 66 are
2 amended to read:
3 § 1531. Retaliation by landlord prohibited.
4 * * *
5 (c) Presumption of retaliation.--The receipt of any notice
6 of termination of tenancy, an increase in rent or of any
7 substantial alteration in the terms of tenancy within six months
8 after the tenant has acted pursuant to section 1527 or 1529 to
9 avoid [discontinuance] termination of utility service shall
10 create a rebuttable presumption that the notice is a reprisal
11 against the tenant for exercising his rights under section 1527
12 or 1529. However, the presumption shall not arise if the notice
13 of termination of tenancy is for nonpayment of rent not withheld
14 under section 1529 or lawfully withheld under any other right
15 that the tenant may have by law.
16 § 1532. Penalties.
17 (a) [Failure to identify tenants] Per diem liquidated
18 damages.--Any landlord ratepayer who fails to provide a utility
19 with the names and addresses of affected tenants [pursuant to]
20 in accordance with section 1524 (relating to request to landlord
21 to identify tenants) [shall forfeit and pay to the Commonwealth
22 a civil penalty of not more than $500 for each day of the
23 landlord ratepayer's failure to respond. The court in its
24 discretion may award the utility reasonable attorneys' fees,
25 filing fees and reasonable costs of suit for any action against
26 the landlord ratepayer which was necessary to obtain the names
27 and addresses of affected tenants pursuant to section 1524.] or
28 fails to provide reasonable access to the meter shall be deemed
29 to have caused substantial damage to the utility by thus forcing
30 a continuation of the existing utility service and, as a
19930S0860B1723 - 19 -
1 consequence, shall be required to pay, as liquidated damages to
2 the utility, a sum of not less than $500 but not more than
3 $1,000 for each day of the landlord's failure to comply,
4 commencing with the first day of completion and exhaustion of
5 the procedures provided under section 1524(a) and (b)(1), (2)
6 and (3).
7 (b) Injunctive relief.--The utility may commence an action
8 in equity against a landlord ratepayer to obtain injunctive
9 relief compelling the landlord to furnish the names and
10 addresses of affected tenants or compelling the landlord to
11 provide access to the meter. Interference with the utility's
12 ability to terminate service without this information shall be
13 deemed sufficient proof of immediate, continuing and irreparable
14 injury to sustain injunctive relief. The court shall, in
15 addition to awarding injunctive relief, render judgment in favor
16 of the utility for the total per diem liquidated damages
17 recoverable under subsection (a), together with reasonable
18 attorney fees and necessary costs of suit.
19 [(b)] (c) Tampering with posted notice.--Any person who
20 removes, interferes or tampers with a notice to tenants of
21 proposed [discontinuance] termination of service, posted
22 pursuant to section 1526 (relating to delivery and contents of
23 first [discontinuance] termination notice to tenants) commits a
24 summary offense and shall, upon conviction, be sentenced to pay
25 a fine not exceeding [$25.] $300.
26 (d) Denial of access to common areas.--Any landlord
27 ratepayer or an agent or employee who willfully denies an agent
28 or employee of the utility access to common areas of his
29 residential building for any lawful purpose under this title,
30 including, but not limited to, posting or delivering notices to
19930S0860B1723 - 20 -
1 tenants under this subsection, shall be subject to a civil
2 penalty of not more than $500 for each day access is denied.
3 § 1533. Petition to appoint receiver.
4 (a) Appointment of receiver.--Notwithstanding the foregoing
5 sections of this chapter, when a landlord ratepayer is two or
6 more months in arrears in his utility payments, the affected
7 utility shall have the right to petition the court of common
8 pleas of the county wherein the leased premises are located to
9 appoint a receiver to collect rent payments otherwise due the
10 landlord ratepayer directly from the tenants and to pay all
11 overdue and subsequent utility bills therefrom. The provisions
12 of this section shall not be construed to supersede any tenant
13 rights or defenses under law regarding the payment of rent. This
14 right may be exercised only in those situations that involve [50
15 or more rental units in which the] units which are not
16 individually metered by the utility. Upon appointment, the
17 receiver shall notify the tenants of his powers and their rights
18 under law regarding payment of rent and continued utility
19 service by first class mail, certified mail, [or] personal
20 service or posting notice in each unit in the leased premises.
21 (b) Right to continued service.--The affected utility under
22 this section shall not [discontinue] terminate utility service
23 if it receives payment from the receiver in the amount specified
24 in subsection (c)(2) within 60 days from the date notice to the
25 tenants of the appointment of the receiver is mailed or
26 delivered.
27 (c) Duty of receiver.--The receiver shall:
28 (1) collect all rents directly from the tenants;
29 (2) pay the utility bills equal to the amount due for
30 the [30-day period] billing month prior to the [tenant]
19930S0860B1723 - 21 -
1 tenants receiving notice of the appointment of the receiver
2 and all future bills as they become due;
3 (3) after payment of the amounts in subsection (c)(2),
4 any excess moneys shall be applied pursuant to further order
5 of court; and
6 (4) return the remainder to the landlord ratepayer, less
7 the costs of the notification made to the tenants, plus a 2%
8 administrative fee.
9 (d) [Discontinuation] Termination.--The receiver shall
10 continue to collect the rents and make disbursements in the
11 manner provided in subsection (c) until the second rental period
12 [after] ends after all of the following conditions have been
13 met:
14 (1) [the] The landlord ratepayer deposits in escrow with
15 the utility a sum equal to the utility charges from the two
16 highest monthly periods in the preceding 12 months[; and].
17 (2) [the] The landlord ratepayer demonstrates to the
18 satisfaction of the court of common pleas that it has the
19 financial recourses necessary to resume its obligations to
20 the utility and the tenants.
21 (3) The landlord ratepayer pays the undisputed amount of
22 all outstanding utility bills.
23 At such time rental payments will once again be made to the
24 landlord ratepayer. Notice of this change shall be made to the
25 tenants by the receiver by means of first class mail, certified
26 mail, [or] personal service[, which costs shall] or posting
27 notice in each unit in the leased premises, the costs of notice
28 to be paid by the landlord ratepayer.
29 (e) Escrow fund.--The escrow fund established under
30 subsection (d)(1) shall not be considered a prepayment of
19930S0860B1723 - 22 -
1 utility costs and shall [only] be applied only against
2 outstanding utility bills at the time a new receiver is
3 appointed for a subsequent failure by the landlord ratepayer to
4 pay utility bills for a two-month period. [Said] The escrow fund
5 shall be returned to the landlord ratepayer not later than 90
6 days nor earlier than 60 days, after the landlord ratepayer
7 obtains a court order releasing [such funds] the fund and
8 certifying that timely payment of utility bills has been made
9 for the immediately preceding 24 consecutive months.
10 (f) Interest on funds.--Any funds held in escrow by any
11 utility shall bear interest payable to the landlord at a rate 1%
12 lower than [the maximum rate allowed by the Federal Reserve
13 Board to be paid on regular savings accounts at commercial
14 banks.] the rate actually received in a regular savings account
15 at a commercial bank within the court's jurisdiction, and the
16 remaining 1% shall be remitted to the court for administrative
17 costs.
18 (g) Number of receivers.--In the event more than one utility
19 company is affected by any landlord ratepayers' failure to pay
20 utility bills, the court shall appoint the same receiver to
21 function for all aggrieved utilities.
22 Section 5. This act shall take effect in 60 days.
23 SECTION 1. TITLE 66 OF THE PENNSYLVANIA CONSOLIDATED <--
24 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
25 § 2906. DISSEMINATION OF TELEPHONE NUMBERS AND OTHER
26 IDENTIFYING INFORMATION.
27 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF
28 LAW, BUT SUBJECT TO THE PROVISIONS OF THIS TITLE, ANY TELEPHONE
29 CALL IDENTIFICATION SERVICE OFFERED IN THIS COMMONWEALTH BY A
30 PUBLIC UTILITY OR BY ANY OTHER PERSON, PARTNERSHIP, ASSOCIATION
19930S0860B1723 - 23 -
1 OR CORPORATION THAT MAKES USE OF THE FACILITIES OF A PUBLIC
2 UTILITY SHALL BE LAWFUL IF IT ALLOWS A CALLER TO WITHHOLD
3 DISPLAY OF THE CALLER'S TELEPHONE NUMBER AND OTHER IDENTIFYING
4 INFORMATION ON BOTH A PER-CALL AND PER-LINE BASIS FROM THE
5 TELEPHONE INSTRUMENT OF THE INDIVIDUAL RECEIVING THE TELEPHONE
6 CALL.
7 (B) CHARGE PROHIBITED.--THERE SHALL BE NO CHARGE TO THE
8 CALLER WHO REQUESTS THAT THE CALLER'S TELEPHONE NUMBER AND OTHER
9 IDENTIFYING INFORMATION BE WITHHELD ON A PER-CALL BASIS. THE
10 COMMISSION MAY APPROVE A CHARGE TO THE CALLER WHO REQUESTS THAT
11 THE CALLER'S TELEPHONE NUMBER AND OTHER IDENTIFYING INFORMATION
12 BE WITHHELD ON A PER-LINE BASIS IF THE COMMISSION FINDS, AFTER
13 NOTICE TO ALL CUSTOMERS AND AN OPPORTUNITY FOR HEARING, THAT THE
14 CHARGE IS JUST AND REASONABLE AND THAT THE CHARGE SHOULD BE
15 IMPOSED ON THE CALLER. TARIFF RATES SHALL NOT APPLY TO VICTIMS
16 OF DOMESTIC VIOLENCE RECEIVING SERVICES FROM A DOMESTIC VIOLENCE
17 PROGRAM OR PROTECTED BY A COURT ORDER NOR TO SOCIAL WELFARE
18 AGENCIES, SUCH AS WOMEN'S SHELTERS, HEALTH AND COUNSELING
19 CENTERS, PUBLIC SERVICE HOTLINES AND THEIR STAFFS. IN ADDITION,
20 THE COMMISSION SHALL DIRECT THAT THE TARIFF RATES SHALL NOT
21 APPLY TO CUSTOMERS WHO ORDER THE PER-LINE BLOCKING SERVICE
22 WITHIN 60 DAYS OF ITS INTRODUCTION OR WITHIN 60 DAYS OF ANY
23 REQUEST FOR NEW TELEPHONE SERVICE OR TRANSFER OF EXISTING
24 TELEPHONE SERVICE. THE COMMISSION SHALL ALSO DIRECT THAT, AS
25 SOON AS PRACTICABLE, ANY PUBLIC UTILITY OR ANY OTHER PERSON,
26 PARTNERSHIP, ASSOCIATION OR CORPORATION THAT MAKES USE OF THE
27 FACILITIES OF A PUBLIC UTILITY WHICH PROVIDES THIS SERVICE SHALL
28 ALSO PROVIDE TO THE CALLING PARTY ONLY THE ABILITY TO
29 SELECTIVELY UNBLOCK AT NO CHARGE ON A PER-CALL BASIS A BLOCKED
30 LINE USING A MEANS WHICH DIFFERS FROM THE MEANS TO ACTIVATE PER-
19930S0860B1723 - 24 -
1 CALL BLOCKING. THE COMMISSION, IN THE INTEREST OF BALANCING
2 RESPECTIVE PRIVACY INTERESTS, SHALL ALSO PERMIT A TARIFFED
3 SERVICE THAT AUTOMATICALLY PREVENTS THE COMPLETION OF TELEPHONE
4 CALLS TO CUSTOMERS WHO DO NOT WISH TO RECEIVE CALLS FROM CALLERS
5 THAT WITHHOLD THEIR TELEPHONE NUMBER OR OTHER IDENTIFYING
6 INFORMATION; THE TERMS AND CONDITIONS OF SUCH A TARIFF SHALL BE
7 SUBJECT TO COMMISSION APPROVAL.
8 (C) NOTICE.--A PUBLIC UTILITY OFFERING A CALL IDENTIFICATION
9 SERVICE SHALL NOTIFY ITS SUBSCRIBERS THAT THEIR CALLS MAY BE
10 IDENTIFIED TO A CALLED PARTY AT LEAST 60 DAYS BEFORE THE SERVICE
11 IS OFFERED AND SHALL CLEARLY ADVISE ITS SUBSCRIBERS OF THEIR
12 ABILITY TO WITHHOLD THEIR TELEPHONE NUMBER AND OTHER IDENTIFYING
13 INFORMATION ON BOTH A PER-CALL AND A PER-LINE BASIS. THE FORM OF
14 THE REQUIRED NOTICES MUST BE APPROVED BY THE COMMISSION.
15 (D) EXCEPTIONS.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
16 BUT SUBJECT TO THE PROVISIONS OF THIS TITLE, PROVISION OF ANY OF
17 THE FOLLOWING CALLER IDENTIFICATION SERVICES SHALL BE LAWFUL
18 EVEN IF THE CALLER CANNOT WITHHOLD DISPLAY OF THE CALLER'S
19 TELEPHONE NUMBER AND OTHER IDENTIFYING INFORMATION FROM THE
20 INSTRUMENT OF THE INDIVIDUAL RECEIVING THE TELEPHONE CALL:
21 (1) AN IDENTIFICATION SERVICE WHICH IS USED WITHIN THE
22 SAME LIMITED SYSTEM, INCLUDING A CENTREX OR PRIVATE BRANCH
23 EXCHANGE (PBX) SYSTEM, AS THE RECIPIENT TELEPHONE.
24 (2) AN IDENTIFICATION SERVICE WHICH IS USED ON A PUBLIC
25 AGENCY'S EMERGENCY TELEPHONE LINE OR ON THE LINE WHICH
26 RECEIVES THE PRIMARY EMERGENCY TELEPHONE NUMBER 911.
27 (3) AN IDENTIFICATION SERVICE PROVIDED IN CONNECTION
28 WITH ANY "800" OR "900" ACCESS CODE TELEPHONE SERVICE UNTIL
29 THE PUBLIC UTILITY DEVELOPS THE TECHNICAL CAPABILITY TO
30 COMPLY WITH SUBSECTION (A), AS DETERMINED BY THE COMMISSION.
19930S0860B1723 - 25 -
1 UNTIL SUCH CAPABILITY IS DEVELOPED, TELEPHONE SUBSCRIBERS
2 SHALL BE NOTIFIED ANNUALLY BY THE PUBLIC UTILITY THAT USE OF
3 AN "800" OR "900" NUMBER MAY RESULT IN THE DISCLOSURE OF THE
4 SUBSCRIBER'S TELEPHONE NUMBER OR OTHER IDENTIFYING
5 INFORMATION TO THE CALLED PARTY.
6 (4) AN IDENTIFICATION SERVICE FOR WHICH THE
7 IDENTIFICATION INFORMATION IS A NECESSARY COMPONENT OF THE
8 COMMUNICATION BEING CONVEYED AND FOR WHICH, WITHOUT SUCH
9 INFORMATION, THE CALLED PARTY WOULD NOT REASONABLY BE ABLE TO
10 ACT UPON OR OTHERWISE USE THE OTHER PORTIONS OF THE
11 COMMUNICATION. THIS EXCEPTION IS INTENDED TO COVER SERVICES,
12 SUCH AS HEALTH ALERT, HOME MONITORING AND OTHER SIMILAR
13 TELEMETRY SERVICES.
14 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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