THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, CALTAGIRONE, DALEY, FABRIZIO, HARKINS, HORNAMAN, KORTZ, LONGIETTI, MANN, MUNDY, PALLONE, SIPTROTH, K. SMITH, SOLOBAY AND YOUNGBLOOD, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 13, 2009  

AN ACT

Requiring landlords to grant medical access; providing for

termination of residential leases for terminal or mental

illness; and making an inconsistent repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Residential

Lease Protection for Illness Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Certified illness."  Terminal or mental illness certified by

a licensed physician.

"Continuing treatment."  Either treatment on two or more

occasions or treatment on at least one occasion resulting in a

regimen of continuing treatment.

"Dwelling."  A unit for residential use and occupancy and the

structure of which it is a part.

"Landlord."  Any of the following:

(1)  The owner, lessor or sublessor of residential

premises.

(2)  The agent of the owner, lessor or sublessor under

paragraph (1).

(3)  Any person authorized by the owner, lessor or

sublessor under paragraph (1) to manage the premises or to

receive rent from a tenant under a rental agreement.

"Mental illness."  A condition certified by a licensed

psychiatrist that renders a person unable to perform their job

duties and unable to adjust to other work due to their mental

condition which requires continuing treatment by a health care

provider.

"Person."  Natural persons, copartnerships, associations,

private and public corporations, the Commonwealth and any of its

political subdivisions and agencies.

"Tenant."  A person entitled under a rental agreement to the

use and occupancy of residential premises to the exclusion of

others.

Section 3.  Scope.

This act shall apply to residential leases.

Section 4.  Access by authorized persons.

(a)  Provision of access.--A landlord shall provide access to

the tenant's dwelling by a person designated in any of the

following manners:

(1)  Under a durable power of attorney.

(2)  By an attorney-in-fact.

(3)  By the tenant or appointed guardian of the tenant.

(b)  Certification.--The designation or appointment under

subsection (a) shall be accompanied by a certification of the

tenant's illness signed by a licensed physician.

Section 5.  Termination.

(a)  General rule.--A tenant with a certified illness may

terminate a residential lease upon 30 days' written notice given

by the tenant, an authorized agent of the tenant under a durable

power of attorney or a court-appointed guardian. The written

notice must contain the physician's certification. The

provisions of this subsection may only be invoked if the tenant

did not know or have reason to know about the illness at the

time the tenant entered into the lease.

(b)  Applicability.--This section shall apply to residential 

leases entered into or renewed on or after the effective date of

this section.

Section 6.  Repeal.

The act of April 6, 1951 (P.L.69, No.20), known as The

Landlord and Tenant Act of 1951, is repealed insofar as it is

inconsistent with this act.

Section 7.  Effective date.

This act shall take effect in 60 days.