See other bills
under the
same topic
PRINTER'S NO. 183
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
213
Session of
2019
INTRODUCED BY SCHLOSSBERG, CRUZ, KINSEY, McNEILL, OTTEN, HILL-
EVANS AND NEILSON, JANUARY 28, 2019
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 28, 2019
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," providing for lead-based paint and related
hazardous conditions; and imposing a penalty.
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 an
article to read:
ARTICLE V-C
LEAD-BASED PAINT AND
RELATED HAZARDOUS CONDITIONS
Section 501-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agent." A party who enters into a contract to act on behalf
of a lessor, including a party who enters into a contract with a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
representative of the lessor, for the purpose of leasing a
residential dwelling.
"Certified contractor." A person approved by the Department
of Labor and Industry to perform lead-based paint activities in
this Commonwealth under the act of July 6, 1995 (P.L.291,
No.44), known as the Lead Certification Act.
"Children." Individuals who are under six years of age.
"Hazardous condition." Any condition that causes exposure to
lead from lead-contaminated dust, lead-contaminated soil or a
lead-contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces or impact surfaces that
would result in adverse human health effects as established by
the administrator of the Environmental Protection Agency under
section 403 of the Toxic Substances Control Act (Public Law 94-
469, 15 U.S.C. § 2683).
"Inspection." Comprises both of the following:
(1) A surface-by-surface investigation to determine the
presence of lead-based paint as provided in section 302(c) of
the Lead-Based Paint Poisoning Prevention Act (Public Law 91-
695, 42 U.S.C. § 4822(c)).
(2) A written report explaining the results of the
investigation.
"Inspector-risk assessor." A person trained and certified in
accordance with the requirements of the Lead Certification Act
to perform all activities of the inspector-technician, as well
as to identify the presence of lead-based paint and to collect
additional information designed to assess the level of risk to
residents of residential dwellings.
"Inspector-technician." A person trained and certified in
accordance with the requirements of the Lead Certification Act
20190HB0213PN0183 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to perform inspections solely for the purpose of determining the
presence of lead-based paint through the use of onsite testing,
such as XRF analysis, and the collection of samples for
laboratory analysis.
"Lead-based paint." Paint or other surface coatings that
contain lead in excess of the most current Department of Housing
and Urban Development standards or, in the case of paint or
other surface coatings on residential dwellings, a lower level
as may be established by the Secretary of Housing and Urban
Development under the Lead-Based Paint Poisoning Prevention Act.
"Lessee." A person that enters into a contract to lease or
rent a residential dwelling for occupation, including a
nonprofit organization.
"Lessor." A person that offers a residential dwelling for
lease, rent or sublease, including a nonprofit organization.
"Residential dwelling." Any of the following if built or
constructed prior to 1978:
(1) A single-family dwelling, including attached
structures such as porches and stoops.
(2) A single-family dwelling unit in a multifamily
dwelling that contains more than one separate residential
dwelling unit and in which each unit is used or occupied, or
intended to be used or occupied, or actually occupied, in
whole or in part, as an individual home or residence of one
or more households. A multifamily dwelling shall include an
apartment and tenement building as defined in section 501-A.
"XRF analysis." The use of X-Ray Fluorescence (XRF) to test
for the presence of lead-based paint.
Section 502-C. Inspection.
A lessor or agent shall inspect a residential dwelling
20190HB0213PN0183 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
offered by the lessor or agent for lease, rent or sublease for
occupation for the presence of lead-based paint and hazardous
conditions as follows:
(1) An inspection shall be conducted:
(i) after the residential dwelling becomes vacant;
or
(ii) before the occupancy of the residential
dwelling.
(2) Lead inspection shall be completed by a certified
contractor, an inspector-risk assessor or an inspector-
technician in accordance with the act of July 6, 1995
(P.L.291, No.44), known as the Lead Certification Act.
Section 503-C. Disclosure.
(a) General rule.--Prior to entering into a contract to
lease a residential dwelling, a lessor or agent shall:
(1) Inform the lessee whether or not the residential
dwelling has been tested for lead-based paint and hazardous
conditions.
(2) Provide the lessee with a lead hazard information
pamphlet approved by the Environmental Protection Agency
(EPA). The pamphlet shall include the EPA publication
entitled Protect Your Family From Lead in Your Home (EPA-747-
K-94-001) or an equivalent pamphlet that has been approved
for use in this Commonwealth by the EPA.
(3) Disclose to the lessee the presence of any known
lead-based paint and hazardous condition in the residential
dwelling being leased. The lessor or agent shall also
disclose any additional information available concerning the
known lead-based paint and hazardous condition, such as the
basis for the determination that the lead-based paint and
20190HB0213PN0183 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
hazardous condition exist, the location of the lead-based
paint and hazardous condition and the condition of the
painted surfaces.
(4) Provide the lessee with records or reports available
to the lessor or agent pertaining to lead-based paint and
hazardous conditions in the residential dwelling being
leased, including:
(i) Records and reports regarding common areas in
the residential dwelling.
(ii) Records and reports regarding other residential
dwelling units in a multifamily dwelling if the
information is part of an evaluation or reduction of
lead-based paint and hazardous conditions in the
multifamily dwelling as a whole.
(b) Disclosure to agent.--A lessor shall disclose to the
agent the presence of any known lead-based paint and hazardous
condition in the residential dwelling being leased and the
existence of any available records or reports pertaining to the
lead-based paint and hazardous condition. The lessor shall also
disclose any additional information available concerning the
known lead-based paint and hazardous condition, such as the
basis for the determination that the lead-based paint and
hazardous condition exist, the location of the lead-based paint
and hazardous condition and the condition of the painted
surfaces.
(c) Failure to comply.--A contract to lease a residential
dwelling is voidable by the lessee until the lessor or agent
complies with subsection (a).
(d) Construction.-- Nothing in this section shall be
construed to create an affirmative duty on the part of a lessor
20190HB0213PN0183 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to conduct an evaluation or reduction of lead-based paint or
hazardous conditions except as provided under Federal law or
regulation.
Section 504-C. Certification and acknowledgment of disclosure.
(a) Lease requirements.--Each contract to lease a
residential dwelling shall include the following provisions:
(1) A lead warning statement as follows:
Housing built before 1978 may contain lead-based
paint. Lead from paint, paint chips and dust can pose
health hazards if not managed properly. Lead exposure
is especially harmful to young children and pregnant
women. Before renting pre-1978 housing, lessors must
disclose to lessees the presence of lead-based paint
and hazardous conditions in the dwelling. Lessors
must provide to lessees a federally-approved pamphlet
on lead poisoning prevention.
(2) A statement by the lessor disclosing the information
under section 503-C(a)(2) or indicating no knowledge of the
presence of lead-based paint and hazardous conditions.
(3) A list of records or reports available to the lessor
pertaining to lead-based paint and hazardous conditions that
have been provided to the lessee. If no records or reports
are available, the lessor shall so indicate.
(4) A statement by the lessee acknowledging receipt of
the information under paragraphs (2) and (3) and the lead
hazard information pamphlet required under section 503-C.
(5) When an agent is involved in the transaction, a
statement that:
(i) The lessor has informed the agent of the
lessor's obligations under sections 502-C and 503-C.
20190HB0213PN0183 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) The agent is aware of the duty of the lessor to
ensure compliance with the requirements of this article.
(6) The signatures of the lessors, agents and lessees
certifying to the accuracy of their statements to the best of
their knowledge, along with the dates of signature.
(b) Form.--The provisions required under subsection (a) may
be included in an addendum to a contract to lease a residential
dwelling.
(c) Retention of certification and acknowledgment
information.--The lessor, and any agent, shall retain a copy of
the completed addendum or lease contract containing the
information required under subsection (a) for not less than
three years from the commencement of the leasing period.
Section 505-C. Penalty.
(a) Violation.--A person who violates this article commits a
misdemeanor of the third degree and shall, upon conviction, be
sentenced to pay a fine of not less than $5,000.
(b) Disposition of fines.--Notwithstanding the provisions of
42 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,
etc.) and 3573 (relating to municipal corporation portion of
fines, etc.), fines collected under subsection (a) shall be paid
into the State Treasury and shall be credited to the Department
of Health for the operation and maintenance of the Lead and
Healthy Homes Program.
Section 2. This act shall take effect in 180 days.
20190HB0213PN0183 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25