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PRINTER'S NO. 304
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
329
Session of
2021
INTRODUCED BY MADDEN, SCHLOSSBERG, CIRESI, DALEY, DAVIDSON,
A. DAVIS, FIEDLER, FREEMAN, GALLOWAY, GUZMAN, HANBIDGE, HILL-
EVANS, HOHENSTEIN, INNAMORATO, KENYATTA, KINKEAD, LEE,
MALAGARI, O'MARA, SANCHEZ, SCHWEYER AND WEBSTER,
JANUARY 29, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 29, 2021
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, prohibiting
fees on late or missed rent payments or other similar charges
during COVID-19 disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7309. Prohibiting fees on late or missed rent payments or
other similar charges during COVID-19 disaster
emergency.
(a) Prohibition .--Notwithstanding any other provision of
law, a landlord may not charge, collect or enforce any late fee,
interest on back rent or other similar charge for a late or
missed rent payment on a tenant during the COVID-19 disaster
emergency.
(b) Remedies.--Any late fee, interest on back rent or other
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similar charge for a late or missed rent payment prohibited
under subsection (a) that is paid to a landlord by a tenant
shall be credited to the tenant against any future rent owed to
the landlord. If there is no future rent owed by the tenant, the
amount paid under this subsection shall be credited against any
other financial obligations owed by the tenant to the landlord.
(c) Defenses.--The failure of a landlord to comply with this
section may be asserted as a defense by a tenant in an action
before an adjudicatory body and may not be waived.
(d) Applicability.-- This section shall apply retroactively
to any late fee, interest on back rent or other similar charge
for a late or missed rent payment charged, collected or
enforced by a landlord on a tenant during the COVID-19 disaster
emergency before the effective date of this section.
(e) Expiration.--This section shall expire 12 months after
the expiration or termination of the COVID-19 disaster emergency
by executive order, proclamation or operation of law.
(f) Definition.--As used in this section, the term "COVID-19
disaster emergency" means the proclamation of disaster emergency
issued by the Governor on March 6, 2020, published at 50 Pa.B.
1644 (March 21, 2020), and any renewal of the state of disaster
emergency.
Section 2. This act shall take effect immediately.
20210HB0329PN0304 - 2 -
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