PRINTER'S NO. 293
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
290
Session of
2021
INTRODUCED BY HUGHES, SAVAL, L. WILLIAMS, FONTANA, KEARNEY,
TARTAGLIONE, KANE, COMITTA, HAYWOOD AND MUTH, MARCH 2, 2021
REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 2, 2021
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in COVID-19 disaster emergency,
providing for housing protections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 57 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
HOUSING PROTECTIONS
Sec.
5751. Definitions.
5752. Real property and tenancy-related actions related to
COVID-19.
ยง 5751. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Foreclosure." Includes:
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(1) An action of mortgage foreclosure under 231
Pa.R.C.P. Subch. I (relating to action of mortgage
foreclosure).
(2) An action in ejectment under 231 Pa.R.C.P. Subch. C
(relating to action in ejectment).
(3) An action to sell property to recover delinquent
real estate taxes under:
(i) the act of May 16, 1923 (P.L.207, No.153),
referred to as the Municipal Claim and Tax Lien Law; and
(ii) the act of July 7, 1947 (P.L.1368, No.542),
known as the Real Estate Tax Sale Law.
(4) An action under the act of November 24, 1976
(P.L.1176, No.261), known as the Manufactured Home Community
Rights Act.
ยง 5752. Real property and tenancy-related actions related to
COVID-19.
Notwithstanding any provision of law to the contrary, the
following shall apply relating to the COVID-19 disaster
emergency:
(1) No court in this Commonwealth may accept any filing
or pleading instituting a new action arising under the act of
April 6, 1951 (P.L.69, No.20), known as The Landlord and
Tenant Act of 1951, for nonpayment of rent as a result of
COVID-19 until 60 days after the expiration of the COVID-19
disaster emergency. A landlord may not charge fees or
penalties under The Landlord and Tenant Act of 1951 for
nonpayment of rent as a result of the COVID-19 disaster
emergency. No fees or penalties that result from delayed or
nonpayment of rent during the COVID-19 disaster emergency may
be assessed.
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(2) If an action arising under The Landlord and Tenant
Act of 1951 was filed or a judgment by agreement has been
executed within 30 days prior to the declaration of the
COVID-19 disaster emergency, a landlord may not proceed with
the action until 60 days after the expiration of the COVID-19
disaster emergency. It shall not be a breach of a covered
judgment by agreement if the tenant complies with all
applicable conditions of the agreement within 60 days after
the expiration of the COVID-19 disaster emergency. No writ
may be executed until 60 days after the expiration of the
COVID-19 disaster emergency. A landlord, during the COVID-19
disaster emergency under this paragraph, otherwise eligible
to charge fees or penalties under The Landlord and Tenant Act
of 1951, may not charge fees or penalties during the time of
the COVID-19 disaster emergency or delay under this
paragraph. No fees or penalties that result from delayed or
nonpayment of rent during the COVID-19 disaster emergency may
be assessed.
(3) No court may accept a new action relating to the
foreclosure on a residential property until 60 days after the
expiration of the COVID-19 disaster emergency. During a
period of the COVID-19 disaster emergency, a plaintiff or a
petitioner, otherwise eligible to charge fees or penalties,
may not charge fees or penalties during the time of the
COVID-19 disaster emergency or delay under this paragraph. No
fees or penalties that result from delayed or missed payments
during the COVID-19 disaster emergency may be assessed.
(4) If an action relating to the foreclosure of a
residential property was commenced prior to the issuance of
declaration of the COVID-19 disaster emergency, a plaintiff
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or a petitioner may not proceed with an action until 60 days
after the expiration of the COVID-19 disaster emergency.
During a period of the COVID-19 disaster emergency under this
paragraph, a plaintiff or a petitioner, otherwise eligible to
charge fees or penalties, may not charge fees or penalties
during the time of the COVID-19 disaster emergency or delay
under this paragraph. No fees or penalties that result from
delayed or missed payments during the COVID-19 disaster
emergency may be assessed.
Section 2. This act shall take effect immediately.
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