PRINTER'S NO. 101
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
136
Session of
2021
INTRODUCED BY ROTHMAN, STAATS, ROAE, ROWE, JONES, RYAN,
ZIMMERMAN, MOUL AND WHEELAND, JANUARY 12, 2021
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 12, 2021
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," in preliminary provisions, providing for
rent and price control.
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 a
section to read:
Section 106. Rent and Price Control.--(a) This section
shall preempt and supersede any local ordinance or rule
concerning subject matter of subsection (b), except as provided
in subsection (c).
(b) Political subdivisions may:
(1) Not enact, maintain or enforce an ordinance, rule or
resolution of any kind that would have the effect of controlling
the amount of rent charged for leasing private residential or
commercial property.
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(2) Not enact, maintain or enforce an ordinance, rule or
resolution of any kind that would have the effect of
establishing a maximum sales price for a privately produced
housing unit or residential building lot.
(3) Enact, maintain or enforce any zoning regulation,
requirement or condition of development imposed by land use or
zoning ordinance, regulation or resolution or a special permit,
special exemption or subdivision plan that requires the direct
or indirect allocation of a percentage of existing or newly
constructed private residential or commercial rental units for
long-term retention as affordable housing or workforce housing.
This clause applies to zoning ordinances in effect on or created
on or after the effective date of this section.
(4) Not enact, maintain or enforce an ordinance, rule or
resolution that would have the effect of prohibiting or limiting
the right of a landlord, owner, agent or other person operating
or managing a residential rental property, or a resident party
to a lease contract, from declining to enter into a new lease
contract at the end of the current lease contract's term.
(c) This section does not:
(1) Limit a political subdivision from t he right to manage
and control residential property in which the political
subdivision has a property interest.
(2) Prevent a political subdivision from creating or
implementing an incentive-based program designed to increase the
construction and rehabilitation of moderate or lower-cost
private residential or commercial rental units.
(3) Apply to property that is part of a land bank program
under 68 Pa.C.S. Ch. 21 (relating to land banks).
(4) Apply to property with any requirements adopted by a
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political subdivision as part of a development agreement entered
into before the effective date of this section.
Section 2. This act shall take effect in 60 days.
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