PRINTER'S NO. 2013
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1777
Session of
2021
INTRODUCED BY SCHMITT, RIGBY AND JAMES, AUGUST 11, 2021
REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 11, 2021
AN ACT
Providing for suspension of the duty to pay rent for dwellings
certified by municipalities to be unfit for human habitation
and for withholding in escrow and disposition of money held
in escrow under certain circumstances; and making a related
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Municipality
Rent Withholding Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Dwelling." Premises that are leased to an individual for
residential purposes.
"Landlord." A person who leases a dwelling to an individual.
"Municipality." A county, city, township or borough, whether
or not operating under a home rule charter.
"Tenant." An individual who leases a dwelling from a
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landlord.
Section 3. Suspension of rent.
Notwithstanding any other provision of law, or of any
agreement, whether oral or in writing, whenever a municipality
certifies a dwelling as unfit for human habitation, the duty of
any tenant of the dwelling to pay, and the right of the landlord
to collect rent shall be suspended without affecting any other
term or condition of the landlord-tenant relationship, until:
(1) the dwelling is certified as fit for human
habitation; or
(2) the tenancy is terminated for a reason other than
nonpayment of rent.
Section 4. Deposit of withheld rent in escrow.
During any period when the duty to pay rent is suspended, and
the tenant continues to occupy the dwelling, the rent withheld
shall be deposited by the tenant in an escrow account in a bank
or trust company approved by the municipality.
Section 5. Disposition of escrow account.
(a) When payable to landlord.--The money in the escrow
account shall be paid to the landlord when the dwelling is
certified as fit for human habitation at any time within six
months from the date on which the dwelling was certified as
unfit for human habitation.
(b) When payable to tenant.--If, at the end of six months
after the certification of the dwelling as unfit for human
habitation, the dwelling has not been certified as fit for human
habitation, the money deposited in escrow on account of
continued occupancy shall be payable to the tenant.
(c) Payable for repairs and utility service.--
Notwithstanding the provisions of subsections (a) and (b), money
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deposited in escrow may be used for the purpose of making the
dwelling fit for human habitation and for the payment of utility
services for which the landlord is obligated but which the
landlord refuses or is unable to pay.
Section 6. Eviction prohibited.
The tenant may not be evicted while rent is deposited in
escrow in accordance with this act.
Section 7. Preservation of existing rights.
This act is a continuation of the act of January 24, 1966
(1965 P.L.1534, No.536), referred to as the City Rent
Withholding Act, and the following shall apply:
(1) All activities initiated under the City Rent
Withholding Act shall continue and remain in full force and
effect and may be completed under this act. Resolutions,
orders, regulations, rules and decisions which were made
under the City Rent Withholding Act and which are in effect
on the effective date of this section shall remain in full
force and effect until revoked, vacated or modified under
this act. Contracts, obligations and agreements entered into
or subject to the City Rent Withholding Act are not affected
nor impaired by the repeal of the City Rent Withholding Act.
(2) Except as specified in paragraph (3), any difference
in language between this act and the City Rent Withholding
Act is intended only to conform to style and is not intended
to change or affect the legislative intent, judicial
construction or administrative interpretation and
implementation of the City Rent Withholding Act.
(3) Paragraph (2) does not apply to section 2 of this
act.
Section 8. Repeal.
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(a) Finding.--The General Assembly finds that the repeal
under subsection (b) is necessary to effectuate this act.
(b) Repeal.--The act of January 24, 1966 (1965 P.L.1534,
No.536), referred to as the City Rent Withholding Act, is
repealed.
Section 9. Effective date.
This act shall take effect in 60 days.
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