THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WAGNER, MOUL, BELFANTI, BRADFORD, BRENNAN, BROWN, CALTAGIRONE, CARROLL, D. COSTA, DEASY, FRANKEL, GALLOWAY, GERGELY, GIBBONS, HESS, HOUGHTON, JOSEPHS, MAHONEY, MANN, MELIO, MICOZZIE, MUNDY, MURPHY, PALLONE, PARKER, PETRARCA, QUINN, SIPTROTH, SWANGER AND WHITE, JUNE 2, 2009

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 23, 2010   

AN ACT

Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An

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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," June 27, 2006 (1st Sp.Sess., P.L.1873,

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No.1), entitled "An act providing for taxation by school

districts, for the State funds formula, for tax relief in

first class cities, for school district choice and voter

participation, for other school district options and for a

task force on school cost reduction; making an appropriation;

prohibiting prior authorized taxation; providing for

installment payment of taxes; restricting the power of

certain school districts to levy, assess and collect taxes;

and making related repeals," adding a prohibition relating to

adding rent rebates.

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

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as The Landlord and Tenant Act of 1951, is amended by adding a

section to read:

Section 203.1.  Assignment of Rebate Prohibited.--A landlord

and tenant shall not enter into a lease or agreement to assign

or pay any portion of any rebate payable under Chapter 13 of the

act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as

the Taxpayer Relief Act, to which the tenant may be entitled, to

the landlord or to the landlord's assignee or representatives.

Section 1.  The Act of June 27, 2006 (1st Sp.Sess., P.L.

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1873, No.1), known as the Taxpayer Relief Act, is amended by

adding a section to read:

Section 1314.  Unlawful uses of rebates.

(a)  Rebates used as part of lease or agreement prohibited.--

It shall be unlawful for a landlord and tenant to enter into a

lease or agreement to assign or pay any portion of any rebate

payable under this chapter, to which a tenant may be entitled,

to the landlord or to the landlord's assignee or representative. 

(b)  Penalties.--A landlord that violates this section shall

be ordered to fully reimburse the tenant of any portion of a

payment that was assigned or otherwise used as payment by the

tenant to the landlord. Additionally, a penalty of 25% of the

total amount of the payment to which the tenant was entitled

shall be imposed on the landlord and paid to the department. The

penalty shall bear interest at the rate of 1.5% per month from

the date of imposition until paid in full to the department.

(c)  Enforcement.--The Attorney General shall enforce the

provisions of this section.

(d)  Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Landlord."  An owner of real property that leases property

to a tenant under a lease agreement. The term also includes a

person acting on behalf of such owner in the operation or

management of the real property.

"Tenant."  A person who occupies a dwelling by reason of a

possessory interest in the real property on which the dwelling

is located under a lease agreement.

Section 2.  This act shall take effect in 60 days.