PRINTER'S NO. 2269
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1979
Session of
2021
INTRODUCED BY KINKEAD, D. WILLIAMS, SCHLOSSBERG, HOHENSTEIN,
SANCHEZ, MADDEN AND KINSEY, OCTOBER 18, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 18, 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," providing for tenant's rights.
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
TENANT'S RIGHTS
Section 501-C. Evictions.
(a) Refusal or termination.--A landlord may only terminate
or refuse to renew the lease of a lessee, or may evict a lessee
and rental home occupant, for one of the following reasons:
(1) Nonpayment of rent.
(2) A second or subsequent violation of the community
rules or lease occurring within a six-month period.
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(3) If there is a change in use of the community land or
any part of community land.
(4) Termination of the rental home property.
(b) Eviction procedure.--The following shall apply for a
rental home lessee eviction:
(1) A lessee may not be evicted by a self-help measure.
(2) Prior to the commencement of any eviction proceeding
or the termination of or failure to renew the lease of a
lessee, the landlord shall notify the rental home lessee in
writing of the particular breach or violation of the lease by
certified or registered mail.
(3) In the case of nonpayment of rent, the notice under
paragraph (2) shall state that an eviction proceeding may be
commenced if the rental home lessee does not pay the overdue
rent within 20 days from the date of service if the notice is
given on or after April 1 and before September 1, and 30 days
if given on or after September 1 and before April 1 or an
additional nonpayment of rent occurring within six months of
the giving of the notice may result in immediate eviction
proceedings.
(4) In the case of a breach of the lease or violation of
the community rules, other than nonpayment of rent under
paragraph (3), the notice shall describe the particular
breach or violation. No eviction action may be commenced nor
shall the landlord terminate or refuse to renew the lease of
the rental home lessee unless the rental home lessee has been
notified as required by this section. Upon a second or
subsequent violation or breach occurring within six months,
the landlord may commence eviction proceedings at any time
within 60 days of the last violation or breach.
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(c) Nonenforcement of rules.--A rental home lessee shall not
be evicted nor shall the landlord terminate or refuse to renew
the lease of a rental home lessee when there is proof that the
rules the lessee is accused of violating are not enforced with
respect to the other rental home lessees or nonresidents on the
community premises.
Section 502-C. Community rules and regulations.
(a) Establishment.--A landlord may at any time establish
fair and reasonable rules and regulations reasonably related to
the health, safety and upkeep of the community, provided the
rules and regulations are not arbitrary or capricious and are
included in any written lease and delivered to existing lessees
and posted in the public portion of the community office or
other conspicuous and readily accessible place near the rental
property.
(b) Uniform application.--All rules or rental charges shall
be uniformly applied to all rental home lessees or prospective
rental home occupants of the same or similar category. The
lessee shall be provided with a written copy of the rules and
regulations prior to the owner's or operator's acceptance of any
initial deposit, fee or rent. In addition, a copy of this
article shall be posted in the public portion of the community
office or other conspicuous and readily accessible place in the
rental home, and a copy of the following notice shall be
reproduced in capital typewritten letters or in ten-point
boldface print and be given to each resident upon entering into
the lease:
IMPORTANT NOTICE REQUIRED BY LAW
The rules set forth below govern the terms of your lease or
occupancy agreement with this rental home. The law requires all
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of these rules to be fair and reasonable.
As a lessee, you may continue to stay in this community as
long as you pay your rent and other reasonable fees, service
charges and assessments hereinafter set forth and abide by the
rules of the community. Entrance and exit fees may not be
charged.
As a lessee, you may be evicted for any of the following
reasons:
(1) Nonpayment of rent.
(2) A second or subsequent violation of the community
rules or lease occurring within a six-month period.
(3) If there is a change in use of the community land or
parts thereof.
(4) Termination of the rental home property.
As a lessee, you shall only be evicted in accordance with the
following procedure:
(1) A lessee shall not be evicted by any self-help
measure.
(2) Prior to the commencement of any eviction
proceeding, the landlord shall notify the lessee in writing
of the particular breach or violation of the lease or
community rules by certified or registered mail.
(3) In the case of nonpayment of rent, the notice under
paragraph (2) shall state that an eviction proceeding may be
commenced if the rental home lessee does not pay the overdue
rent within 20 days from the date of service if the notice is
given on or after April 1 and before September 1, and 30 days
if given on or after September 1 and before April 1 or an
additional nonpayment of rent occurring within six months of
the giving of the notice may result in immediate eviction
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proceedings.
(4) In the case of a breach of the lease or violation of
the community rules, other than nonpayment of rent under
paragraph (3), the notice shall describe the particular
breach or violation. No eviction action shall be commenced
unless the lessee has been notified as required by this
section, and upon a second or subsequent violation or breach
occurring within six months, the landlord may commence
eviction proceedings at any time within 60 days of the last
violation or breach.
As a lessee, you may not be evicted when there is proof that
the rules you as the lessee are accused of violating are not
enforced with respect to the other rental home residents or
nonresidents on the community premises.
In addition, no eviction proceeding for nonpayment of rent
may be commenced against you as the lessee until you have
received notice by certified or registered mail of the
nonpayment and have been given to pay the overdue rent 20 days
from the date of service if the notice is given on or after
April 1 and before September 1, and 30 days if given on or after
September 1 and before April 1. However, only one notice of
overdue rent is required to be sent to you as the lessee during
any six-month period. If a second or additional violation occurs
within six months from the date of the first notice then
eviction proceedings may be immediately started against you.
You are entitled to purchase goods or services from a seller
of your choice and the community owner shall not restrict your
right to do so.
The Attorney General of the Commonwealth of Pennsylvania or
the District Attorney of the county in which the rental home is
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located shall enforce these provisions. As a lessee, you may
also bring a private cause of action. If your rights are
violated you may contact the Bureau of Consumer Protection or
your local District Attorney.
Section 503-C. Disclosure of fees.
(a) Disclosure of utilities.--All rent, fees, service
charges and assessments payable to the landlord and utility
charges for water, sewer, trash, Internet, cable, electricity
and fuel charges payable to the landlord and notice of any other
utility charges for which the lessee may be responsible shall be
fully disclosed in writing to a prospective rental home lessee
prior to the rental home owner or operator's acceptance of any
initial deposit, fee or rent and prior to execution of the
rental home space lease. For current rental home residents, the
rental home community owner or operator shall fully disclose all
rent, fees, service charges and assessments payable to the
community owner and utility charges for water, sewer, trash,
cable, electricity and fuel charges payable to others in writing
prior to the execution of a mandatory lease of at least one
month in duration.
(b) Signature.--The landlord may require that the
prospective lessee or current lessee sign a receipt indicating
receipt of a copy of the required disclosure and the rental home
community rules and regulations so long as the documents are
clearly identified in the receipt itself. The receipt shall
indicate nothing more than that the documents identified in the
receipt have been received by the lessee.
(c) Disclosure.--Failure to disclose rent, fees, service
charges and assessments shall render the rent, fees, service
charges and assessments void and unenforceable in this
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Commonwealth. Increases in rent, fees, service charges and
assessments payable to the landlord shall be unenforceable until
30 days after notice thereof has been posted in the public
portion of the community office or other conspicuous and readily
accessible place in the rental home and mailed to the rental
home lessee. Rent may not be increased during the term of the
lease.
(d) Cover sheet.--The written disclosure shall contain a
cover sheet with the following statement in 12-point, sans-serif
type, except the term "five days" in the final paragraph of the
notice shall appear in 16-point, sans-serif, bold type:
"This document contains important information regarding your
legal rights and your financial obligations in leasing or
renewing or signing a new lease for a rental home. Make sure
that you read the entire document and seek legal advice if
you have any questions regarding the information stated in
this document.
The statements contained in this disclosure are only summary
in nature. A prospective lessee should refer to all
references, including all lease or rental agreement documents
as well as any rules and regulations that have been
established for the rental home community. Oral
representations should not be relied on as correctly stating
the representations of the rental home community owner or
operator. Instead, you should refer to the lease or rental
agreement and required disclosure documents for correct
representations. You should also refer to the act of November
24, 1976 (P.L.1176, No.261), known as the Manufactured Home
Community Rights Act, to become familiar with your
obligations and rights as a rental home resident.
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You have five calendar days from the date you received this
documentation to cancel your agreement in writing to the
rental home community owner or operator."
(e) Disclosures.--All new leases, lease extensions and lease
renewals, which are for more than a 60-day period, shall contain
the following full disclosures:
(1) The manner in which utility and other services,
including sewage and waste disposal, cable television, water
supply and storm drainage, will be provided, and the entity
providing them. The services or user fees charged by the
landlord for the services provided by the rental home owner
shall also be disclosed.
(2) An explanation of the manner in which the rental
amount will be increased, including notification to the
rental home lessee at least 60 days in advance of the
increase.
(3) Disclosure of any factors that may affect the rental
amount, including the following factors:
(i) Water rates.
(ii) Sewer rates.
(iii) Waste disposal rates.
(iv) Maintenance costs, including costs of deferred
maintenance.
(v) Management costs.
(vi) Property taxes.
(vii) Major repairs or improvements.
(viii) Any other fees, costs, assessments or service
charges that the rental home lessee is required to pay or
that the rental home owner or operator intends to charge
during the terms of the lease or rental agreement.
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(4) Disclosure of the manner in which the pass-through
charges will be assessed.
(5) A report of the utility fees charged for the rental
home paid to the landlord by a prior lessee during the
previous 12 months.
(6) Disclosure of all service charges currently charged
for services offered which the rental home lessee may elect
to incur and the manner in which the fees will be increased.
(7) Any rental home community rules and regulations that
have been established and an explanation of the manner in
which the rules and regulations will be set, changed or
promulgated.
(8) The rent history of the rental home for the three
full calendar years immediately preceding the prospective
initial rental agreement date. The information under this
paragraph shall be for basic rental fees only and shall not
apply to other fees such as late charges and guest fees.
Additionally, the calculation of rent history shall be posted
in the public portion of the rental home community's rental
office or other conspicuous and readily accessible place and
in the same place as any rules and regulations that have been
established for the rental home community are posted.
(9) Citations or other documents from Federal, State or
local governmental agencies which require the rental home
community owner to take corrective action, including
citations from the Department of Environmental Protection
regarding water and sewage. The information shall also be
posted within the community in the same place as the rules
and regulations are displayed until the corrective action has
been completed.
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Section 504-C. Other fees.
In accordance with a lessee's right to invite to the lessee's
dwelling unit social and business visitors as the lessee wishes,
no fee may be charged for overnight visitors or guests occupying
a lessee's rental home. If an overnight visitor or guest
frequently remain overnight for residential purposes so as to
increase the number of persons normally living in the unit, the
owner or operator of a rental home may revise the rent due to
conform to the rent paid by other lessees with a like number of
members in their household.
Section 505-C. Sale or lease of rental home.
(a) Written notice of sale or lease.--In the event of the
sale or lease of a rental home, a rental home owner shall
provide written notice to the residents and tenants of the
community and to the Pennsylvania Housing Finance Agency. The
notice shall be sent within 30 days after any agreement of sale
is signed. The notice shall be posted in the same conspicuous
and readily accessible place in the rental home community where
the rules and regulations are posted, pursuant to section 502-C.
(b) New owner notice.--Within 30 days of transfer of title
to the community, the new owner shall notify the residents and
tenants of the name of the new owner and contact information for
either the new owner or new operator of the community. The
notice shall be mailed to each resident and tenant and shall be
posted immediately in the same conspicuous and readily
accessible place in the rental home community where the rules
and regulations are posted, pursuant to section 502-C.
Section 506-C. Closure of rental home.
(a) Requirements.--In the event of the closure of a rental
home, in whole or in part, the rental home owner shall:
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(1) Provide written notice to the residents and tenants
of the community, to the resident association if one exists,
to the Pennsylvania Housing Finance Agency and to the
municipality where the rental home is located within 60 days
of deciding to close the rental home. The notice shall
include the estimated date residents and tenants will be
expected to vacate the community, which shall be no less than
180 days from the date of the notice, and the estimated date
the community will be closed.
(2) Notify any prospective resident in writing, prior to
leasing a rental home, and any known prospective tenant,
prior to leasing a rental home, of the scheduled closing
date.
(b) Consideration.--A rental home owner shall consider any
offer to purchase the community made by a resident association
representing at least 25% of the tenants or by a nonprofit
corporation, including a community development corporation,
housing authority or redevelopment authority acting at the
request of the residents of at least 25% of the units and shall
negotiate in good faith with the entity submitting the offer.
(c) Penalty prohibited.--A tenant who rents a unit in a
rental home shall have the right to terminate the lease without
penalty upon receiving notice of the planned closing of the
rental home.
Section 507-C. Notice requirements in event of closure of
rental home.
(a) Certification and recipient.--The notice given to the
Pennsylvania Housing Finance Agency under section 505-C shall be
sent by certified mail and shall be addressed to the legal
department of the Pennsylvania Housing Finance Agency.
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(b) Publication and other requirements.--
(1) Within 60 days of the effective date of this
section, the Pennsylvania Housing Finance Agency shall
transmit notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin stating the agency
is compiling a list of parties interested in receiving copies
of any notice received by it under sections 505-C and 506-C
and inviting the parties to provide contact information to
receive notices of community sales or closures. The notice
under this paragraph shall also be published on the agency's
publicly accessible Internet website. Interested parties may
indicate their region of the Commonwealth or that they
operate Statewide.
(2) The Pennsylvania Housing Finance Agency shall send
copies of notices received under this section to parties on
the list that are Statewide or within the region the parties
identify under paragraph (1). Notices shall be sent by
regular mail or by electronic mail within 10 calendar days of
the receipt of a notice.
(3) Nothing in this subsection shall be construed to
create any liability for the Pennsylvania Housing Finance
Agency or otherwise to affect the transfer of any real
property in the event there is a failure to provide notice in
accordance with this act.
(c) Notice requirements.--A notice given under subsection
(b)(2) shall be:
(1) Delivered to an adult resident of each rental home
unit within the rental home or mailed by first class mail to
the resident or tenant of each unit.
(2) Posted in the same conspicuous and readily
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accessible place in the rental home community where the rules
and regulations are posted under section 502-C.
(d) Personal notice.--A notice given under subsection (b)(2)
shall be given personally to the prospective resident or known
prospective tenant.
Section 508-C. Waiver of rights.
The rights and duties of rental home owners and operators and
the rental home lessees may not be waived by any provisions of a
written or oral agreement. Any agreement attempting to limit
rights under this section shall be void and unenforceable in
this Commonwealth.
Section 509-C. Damages.
(a) Cause of action.--Any rental home owner, operator or
lessee aggrieved by a violation of their rights under this
article may institute a private cause of action to recover
damages, or for treble damages where provided in this article or
restitution in any appropriate court of initial jurisdiction in
this Commonwealth.
(b) Disclosure.--If disclosure as required by section 503-C
was not provided to the rental home prospective first-time
lessee prior to execution of the rental agreement or prior to
initial occupancy of a unit, the rental agreement shall be
voidable by the lessee during the first year of occupancy until
five calendar days after the receipt of the disclosure by the
lessee.
(c) Notice of void.--To void the rental agreement, the
prospective first-time lessee shall deliver written notice to
the rental home owner or operator within five days after receipt
of the disclosure and shall be entitled to a refund from the
owner or operator of the rental home.
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(d) Collection of rent.--The rental home owner or operator
may not collect rent from a prospective first-time lessee until
the rental home owner or operator and the lessee have entered
into the rental agreement.
(e) Increased rent collection.--When the rental home owner
or operator and a rental lessee execute a new, renewed or
extended lease for a rental home unit, which increases rent or
payables to the lessor, the rental home owner or operator may
not collect increased rent from the rental home lessee until the
rental home owner or operator and the rental home lessee have
entered into the new, renewed or extended lease. After receiving
60 days' notice of the rental home owner's or operator's intent
to offer a new lease, the rental home occupant shall have 30
days to either accept the new, renewed or extended rental
agreement or to notify the rental home owner or operator of
intent to vacate within 30 days. No increased rent or fee lease
charges shall be effective against a lessee prior to the 61st
day after receiving the owner or operator notice.
Section 510-C. Restraining prohibited acts.
Whenever the Attorney General or a district attorney has
reason to believe that any person is using or is about to use
any method, act or practice declared by this article to be
prohibited, and that proceedings would be in the public
interest, the Attorney General or district attorney may bring an
action in the name of the Commonwealth against the person to
restrain by temporary or permanent injunction the use of the
method, act or practice.
Section 511-C. Enforcement.
The Attorney General shall have the power and duty to enforce
the provisions of this article, but in no event shall an
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individual be prohibited or otherwise restricted from initiating
a private cause of action under any right or remedy conferred by
this article.
Section 512-C. Retaliatory evictions.
Any action by a rental home owner or operator to recover
possession of real property from a rental home lessee or to
change the lease within six months of a lessee's assertion of
rights under this article or any other legal right shall raise a
presumption that the action constitutes a retaliatory and
unlawful eviction by the owner or operator and is in violation
of this article. A presumption under this section may be
rebutted by competent evidence presented in any appropriate
court of initial jurisdiction in this Commonwealth.
Section 513-C. Remedies.
A violation of this act may be enforced as provided by
sections 509-C, 510-C, 511-C and 512-C and shall also constitute
an unfair or deceptive act or practice within the meaning of
section 2(4) of the act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection Law,
and shall be a violation of and shall be subject to the
enforcement provisions and private rights of action contained in
the Unfair Trade Practices and Consumer Protection Law.
Residents shall have the right to seek injunctive relief to
enforce compliance with this section and sections 505-C and 506-
C.
Section 2. This act shall take effect in 90 days.
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