Regular Session 2023-2024 House Bill 0287 P.N. 2747

PRIOR PRINTER'S NOS. 2114, 2227

PRINTER'S NO. 2747

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

287

Session of

2023

INTRODUCED BY KRAJEWSKI, CEPHAS, KHAN, GREEN, WAXMAN,

HOHENSTEIN, KENYATTA, FIEDLER, SANCHEZ, MADDEN, HILL-EVANS,

STEELE, CEPEDA-FREYTIZ, SCOTT AND N. NELSON, OCTOBER 10, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

MARCH 19, 2024

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 68

(Real and Personal Property) of the Pennsylvania Consolidated

Statutes, in personnel of the system, further providing for

appointment of personnel and establishing eviction agent

advisory boards in cities of the first class and eviction

agent education and training programs in cities of the first

class; providing for eviction procedure in cities of the

first class; making a repeal; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2301 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 2301. Appointment of personnel.

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(d) Personnel in certain cases involving real property.--A

court may not appoint a private entity to serve a writ of

possession or alias writ, perform a lockout or in any way

enforce a judgment for possession of real property arising from

an ejectment case or eviction case.

(e) Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Ejectment case." An action in ejectment to regain

possession of real property.

"Eviction case." An action to regain possession of real

property brought under the act of April 6, 1951 (P.L.69, No.20),

known as The Landlord and Tenant Act of 1951.

"Private entity." An individual or a for-profit or nonprofit

company, organization, contractor or similar entity that is not

employed directly by a State, county or local government.

Section 2. Subchapter B heading of Chapter 23 of Title 42 is

amended to read:

SECTION 1. SUBCHAPTER B HEADING OF CHAPTER 23 OF TITLE 42 OF

THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:

SUBCHAPTER B

[(Reserved)]

EVICTION AGENT ADVISORY BOARDS

IN CITIES OF THE FIRST CLASS

Section 3 2. Subchapter B of Chapter 23 of Title 42 is

amended by adding sections to read:

§ 2311. 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:

"Board." An eviction agent advisory board established in

section 2312(a) (relating to eviction agent advisory board).

"Ejectment case." An action in ejectment to regain

possession of real property.

"Eviction agent." An employee of the sheriff of OR ANY OTHER

ENTITY EMPOWERED TO PERFORM EVICTIONS AND JUDICIAL DUTIES IN a

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city of the first class who is assigned to perform a judicial

duty in a city of the first class.

"Eviction case." An action to regain possession of real

property brought under the act of April 6, 1951 (P.L.69, No.20),

known as The Landlord and Tenant Act of 1951.

"Judicial duty." The service of a writ of possession or

alias writ, performance of a lockout or enforcement of a

judgment for possession of real property arising from an

ejectment case or an eviction case in a city of the first class.

"Private entity." The term shall mean the same as under

section 2301 (relating to appointment of personnel). AN

INDIVIDUAL OR A FOR-PROFIT OR NONPROFIT COMPANY, ORGANIZATION,

CONTRACTOR OR SIMILAR ENTITY THAT IS NOT EMPLOYED DIRECTLY BY A

STATE, COUNTY OR LOCAL GOVERNMENT.

"Program." The Eviction Agent Education and Training Program

established under section 2313(a) (relating to Eviction Agent

Education and Training Program).

§ 2312. Eviction agent advisory board.

(a) Establishment.--An eviction agent advisory board is

established in each city of the first class, which shall be

known as the Eviction Agent Advisory Board.

(b) Purpose.--The board shall provide oversight of eviction

agents and judicial duties and receive complaints regarding

eviction agents.

may meet more frequently if merited.

(d) Members.--The board shall consist of the following

members:

(1) The municipal court president judge in a city of the

first class or a designee.

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(2) The first judicial district court administrator in a

city of the first class or a designee.

(3) A designee of the mayor in a city of the first

class.

(4) The chairperson of the Committee on Housing,

Neighborhood Development and the Homeless, or its successor

committee of the city council, in a city of the first class

or a designee.

(5) The city controller in a city of the first class or

a designee.

(6) A representative of a homeowners' association

located in a city of the first class.

(7) A representative of a legal services coalition

partnered with a city of the first class to provide eviction

prevention.

(8) A landlord who owns a rental property in a city of

the first class.

(e) Duties.--The duties of the board are as follows:

(1) Collaborate with the sheriff AN EVICTION AGENT in a

city of the first class to establish policies on duties,

requirements, organization, training, responsibilities,

ethics and discipline of eviction agents.

(2) Create an approval and review process for eviction

agents who may perform a judicial duty.

(3) Approve eviction agents who may perform a judicial

duty.

(4) Create a complaint process established in section

2317 (relating to complaint process).

(5) Collaborate with the sheriff AN EVICTION AGENT in a

city of the first class to hire or contract with behavioral

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health professionals to assist eviction agents in the

performance of a judicial duty.

(6) Conduct oversight of eviction agents, including

investigative authority and the power to subpoena testimony

and records with legal counsel.

( 7) As follows:

(i) Collect information from eviction agents

regarding:

(A) The number of lockouts performed monthly.

(B) The names of eviction agents employed.

eviction agents.

(D) The outcomes of the complaints against

eviction agents.

(E) Any other information regarding judicial

duties as deemed necessary by the board.

(ii) The board shall post the information under

subparagraph (i) on a quarterly basis on its publicly

accessible Internet website.

§ 2313. Eviction Agent Education and Training Program.

(a) Establishment.--The board shall establish the Eviction

Agent Education and Training Program.

(b) Authorization.--The board shall establish, implement and

administer the program in accordance with the minimum

requirements under this subchapter.

(1) Establish, implement and administer requirements for

the minimum courses of study and training for eviction

agents.

(2) Establish, implement and administer requirements for

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courses of study and in-service training for eviction agents.

(3) Establish, implement and administer requirements for

a continuing education program for eviction agents concerning

subjects that the board may deem necessary and appropriate

for the continued education and training of eviction agents.

(4) Approve, or revoke the approval of, any school which

may be utilized for the educational and training requirements

under this subchapter.

(5) Establish the minimum qualifications for instructors

and certify instructors.

(6) Consult, cooperate and contract with universities,

colleges, law schools, community colleges and institutes for

the development of basic and continuing education courses for

eviction agents.

(7) Promote the most efficient and economical program

for eviction agent training by utilizing existing facilities,

programs and qualified State and local personnel.

(8) Certify eviction agents who have satisfactorily

completed the basic and continuing education and training

requirements under this subchapter and issue appropriate

certificates to the eviction agents.

(9) Make rules and perform other duties as may be

reasonably necessary or appropriate to administer the

program.

(10) Prepare an annual report to the Governor and the

General Assembly concerning:

(i) The administration of the program.

(ii) The activities of the board.

(iii) The costs of the program.

(iv) Proposed changes, if any, regarding the program

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or other matters under this subchapter.

(d) Specific training.-- The program shall include training

for a total of 80 hours to include alternatives to the use of

force, the judicial process and implicit bias.

§ 2314. Continuing education.

The board shall establish a mandatory continuing education

program for eviction agents, which shall include no more than 40

hours per year, concerning subjects the board may deem necessary

and appropriate for the continued education and training of

eviction agents.

§ 2315. Use of firearms.

The board, with the review and approval of the Pennsylvania

Commission on Crime and Delinquency, shall establish standards

for the certification or qualification of private eviction

agents to carry or use firearms in the performance of a judicial

duty.

§ 2316. Certification.

After the establishment, implementation and administration of

the program, an eviction agent may not perform a judicial duty

unless the eviction agent has been certified under this

subchapter by the board.

§ 2317. Complaint process.

(a) Authorization.--The board shall establish and maintain a

complaint process to accommodate the reporting of misconduct or

incompetency by an eviction agent in the performance of a

judicial duty during the eviction process.

(b) Posting of information.--Complaint forms and the

submission process shall be posted on the publicly accessible

Internet website of the sheriff's office in a city of the first

class AS DETERMINED BY THE BOARD .

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official conduct of an eviction agent if the following apply:

(1) A supervisor of the eviction agent files a complaint

alleging that the eviction agent engaged in misconduct or

inappropriate behavior or is incompetent to discharge

official duties because of intemperance or neglect of duty.

(2) A person files a complaint alleging that the

eviction agent engaged in misconduct or inappropriate

behavior or is incompetent to discharge official duties for a

reason other than intemperance or neglect of duty. This

paragraph includes an act of oppression of a litigant or

witness.

(d) Investigations and disciplinary action.--

(1) Except complaints where the eviction agent is a

deputy sheriff, as necessary, the board may investigate

complaints and take disciplinary action against an eviction

agent who is in violation of this subchapter.

(2) The board shall timely notify the sheriff of a

complaint filed against a deputy sheriff. A complaint against

a deputy sheriff shall be forwarded to the sheriff's office

for the purpose of an internal investigation and

determination of disciplinary action.

(e) Notification.--The board shall notify the Sheriff and

Deputy Sheriff Education and Training Board within 15 days of

receiving a complaint of the occurrence of an event described

under 44 Pa.C.S. § 7429(a) (relating to revocation of

certification).

(f) Regulations.-- The board shall establish regulations

providing for the following:

(1) Standards and guidelines for receiving,

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investigating and issuing disciplinary orders for complaints

against sheriffs or deputy sheriffs.

(2) Notice of a disciplinary action and the right of

sheriffs or deputy sheriffs to request a hearing.

§ 2318. Subject to appropriation.

The elimination of the use of a private entity eviction agent

shall be subject to a future appropriation by the city council

of a city of the first class to the sheriff's office of the city

of the first class.

Section 4 3. Title 68 is amended by adding a chapter to

read:

CHAPTER 25

EVICTION PROCEDURE IN CITIES OF THE FIRST CLASS

Sec.

2501. Definitions.

2502. Behavioral health professional accompaniment.

2503. NOTICE.

§ 2501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Behavioral health professional." A qualified professional

who:

(1) Has a bachelor's degree, graduate degree or the

international equivalent from an institution accredited or

evaluated by an organization recognized by the Department of

Human Services in a generally recognized clinical discipline

that includes mental health clinical experience.

(2) Has mental health clinical experience.

(3) Is licensed or certified by the Commonwealth.

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"Eviction agent." An employee of the sheriff of OR ANY OTHER

ENTITY EMPOWERED TO PERFORM EVICTIONS AND JUDICIAL DUTIES IN a

city of the first class who is assigned to perform a judicial

duty in a city of the first class.

"Judicial duty." As defined in 42 Pa.C.S. § 2311 (relating

to definitions).

§ 2502. Behavioral health professional accompaniment.

(a) General rule .--Notwithstanding any other provision of

law, a behavioral health professional may accompany an eviction

agent when the eviction agent is performing a judicial duty if a

behavioral health professional is available to accompany the

eviction agent .

(b) Preemption.--This section shall preempt any local

ordinance or regulation insofar as it is inconsistent with this

section, notwithstanding the effective date of the ordinance or

regulation. This section shall not affect or apply to

enforcement of the act of October 11, 1995 (1st Sp.Sess.,

P.L.1066, No.23), known as the Expedited Eviction of Drug

Traffickers Act.

Section 5. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 42

Pa.C.S. § 2301(d) and (e) and Ch. 23 Subch. B.

(2) Section 17 of the act of July 9, 1976 (P.L.586,

No.142), known as the Judiciary Act of 1976, is repealed.

§ 2503. NOTICE.

AN EVICTION AGENT SHALL PROVIDE ADEQUATE NOTICE OF THE DATE

AND TIME OF EACH EVICTION.

Section 6 4. This act shall take effect in 60 days.

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