PRINTER'S NO. 4507
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2840
Session of
2020
INTRODUCED BY MADDEN, SCHLOSSBERG, BULLOCK, CALTAGIRONE, CIRESI,
DALEY, DAVIDSON, A. DAVIS, T. DAVIS, DELLOSO, DONATUCCI,
DRISCOLL, FIEDLER, FRANKEL, FREEMAN, GALLOWAY, GREEN,
HANBIDGE, HILL-EVANS, HOHENSTEIN, HOWARD, INNAMORATO,
ISAACSON, KENYATTA, KIM, KINSEY, KOSIEROWSKI, McNEILL,
O'MARA, OTTEN, PASHINSKI, ROZZI, SANCHEZ, SAPPEY, SCHWEYER,
WILLIAMS AND ZABEL, OCTOBER 15, 2020
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 15, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in organization and
jurisdiction of courts of common pleas, further providing for
housing courts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 917 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
§ 917. Housing courts.
* * *
(e) Eviction diversion mediation program.--
(1) The court of common pleas of a judicial district may
include within a housing court established under this section
a residential eviction diversion program that provides for a
conciliation conference between a landlord and tenant to
mediate an agreement to address any asserted residential
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lease violation and to stabilize the tenancy.
(2) A designated housing mediator shall conduct the
conciliation conference. Designated housing mediators shall
be appointed by the president judge of the court of common
pleas or an authorized committee. No less than two housing
mediators shall be appointed within the judicial district.
(3) A housing mediator must:
(i) Be knowledgeable in the requirements of this
subsection, the maintenance, repair and rehabilitation of
dwelling units, including minimum housing code
requirements and the Federal, State and municipal laws,
ordinances, rules and regulations pertaining to these
matters, and must be knowledgeable in the methods of
serving as a neutral mediator.
(ii) Have knowledge necessary to advise parties
regarding the type of funds and services available to
assist owners, landlords and tenants in the financing of
resolutions to housing problems.
(4) A housing mediator shall advise parties in locating
possible sources of financial assistance necessary to resolve
the issues between the parties and shall exercise other
powers and perform other duties as the president judge may
prescribe.
(5) A housing mediator shall conduct an initial
screening and evaluation of all contested housing matters
eligible for placement on the housing court docket.
(6) A housing mediator may conduct investigations of
matters, including, but not limited to, interviews with the
parties and may recommend settlements.
(7) A conciliation conference shall take place prior to
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the landlord filing a complaint for eviction with the proper
court, unless a conciliation conference cannot be scheduled
within the time frame provided in this subsection. If through
the mediation, the landlord and tenant enter into a written
settlement agreement, no hearing shall be required and the
agreement shall be enforceable by the court.
(8) A housing mediator shall engage with the tenant and
landlord prior to the conciliation conference to learn the
circumstances of both parties, educate the parties and
discuss available resources.
(9) Beginning with the date the program is implemented,
no landlord may take action to recover possession of a
residential property occupied by a tenant, other than
providing a notice required under this section, without first
participating in a conciliation conference in the residential
eviction diversion mediation program, unless one of the
following requirements is met:
(i) Eviction is necessary to cease or prevent an
imminent and direct threat of harm by the person being
evicted, including physical harm or harassment.
(ii) The landlord has:
(A) provided the affected tenants notice of the
tenants' rights under this section and how to
exercise the rights; and
(B) contacted the eviction diversion program to
schedule a conciliation conference.
(10) If the program is unable to offer a date for a
conciliation conference within 30 days of the landlord's
initial request to schedule the conciliation conference, the
landlord shall participate in a conciliation conference when
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a date and time for one becomes available, if prior to an
eviction judgment being issued.
(11) Prior to filing a complaint for eviction with the
court, the landlord shall provide written notice to the
tenant of the landlord's intent to file the complaint and the
tenant's right to a mediation session prior to the court
filing. The notice shall include the contact information for
the mediation program in order that the tenant may request a
conciliation session.
(12) The failure of the landlord to comply with this
subsection may be asserted as a defense by a tenant in an
action before any adjudicatory body and may not be waived.
(f) 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:
"Conciliation conference." A meeting between a landlord,
tenant and housing mediator to mediate an agreement for asserted
residential lease violations.
"Housing mediator." An individual appointed by the president
judge of the court of common pleas or authorized committee for
the purpose of assisting the court in the prompt and efficient
resolution of evictions without the requirement for a court
hearing through a mutually acceptable settlement between the
parties.
"Program." An eviction diversion mediation program
authorized under subsection (e).
Section 2. This act shall take effect in 60 days.
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