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PRINTER'S NO. 1808
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1549
Session of
2023
INTRODUCED BY MADSEN, SMITH-WADE-EL, MADDEN, HILL-EVANS, WAXMAN,
McNEILL, KAZEEM, PIELLI, ABNEY, KINSEY, BURGOS, SANCHEZ,
SCOTT, CEPEDA-FREYTIZ, KIM, INNAMORATO, DELLOSO, HOWARD,
GUENST, GREEN AND FIEDLER, JUNE 29, 2023
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
JUNE 29, 2023
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," in tenement buildings and multiple
dwelling premises, further providing for landlord's duties;
and providing for tenant relocation payments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502-A of the act of April 6, 1951
(P.L.69, No.20), known as The Landlord and Tenant Act of 1951,
is amended to read:
Section 502-A. Landlord's Duties.--The following:
(1) The retention of control of the stairways, passages,
roadways and other common facilities of a tenement building or
multiple dwelling premises places upon the landlord, or other
possessor, the duty of reasonable care for safety in use. This
responsibility of the landlord extends not alone to the
individual tenant, but also to his family, servants and
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employees, business visitors, social guests, and the like. Those
who enter in the right of the tenant, even though under his mere
license, make a permissible use of the premises for which the
common ways and facilities are provided.
(2) It is the duty of the landlord to provide a tenant a
safe, clean and habitable dwelling.
Section 2. The act is amended by adding an article to read:
ARTICLE V-C
TENANT RELOCATION PAYMENTS
Section 501-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Displaced tenant." A temporarily displaced tenant or a
permanently displaced tenant.
"Permanently displaced tenant." A tenant that is required to
vacate rental housing for 30 days or more because the rental
housing is condemned as unfit for human habitation by a
municipality or determined to be uninhabitable by another
governmental entity with oversight of the property through no
fault of the tenant.
"Temporarily displaced tenant." A tenant that is required to
vacate rental housing for less than 30 days because the rental
housing is condemned as unfit for human habitation by a
municipality or determined to be uninhabitable by another
governmental entity with oversight of the property through no
fault of the tenant.
Section 502-C. T emporary displacement.
For a temporarily displaced tenant, within 24 hours of the
posting of condemnation on the rental housing, a landlord shall
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provide the following:
(1) Alternative, safe and legal comparable housing for
the temporarily displaced tenant and the temporarily
displaced tenant's belongings for the full temporary
displacement period. A temporary displacement period shall
not exceed 30 days.
(2) A relocation payment equal to one month's fair
market value rent for a unit of comparable size as
established by the most recent United States Department of
Housing and Urban Development schedule for fair market rents
for the zip code of the tenant. The relocation payment shall
be paid to the tenant by check or money order.
(3) Payment for the costs of the immediate relocation of
the temporarily displaced tenant and the tenant's belongings.
(4) At the end of a temporary displacement period,
payment for the costs to move the temporarily displaced
tenant and the temporarily displaced tenant's belongings back
to the tenant's original rental housing.
(5) If a temporarily displaced tenant returns to the
tenant's original housing, all lease provisions, including
provisions regarding the length of the lease term and the
amount of rent due at the time of the displacement shall
remain in place for the remainder of the lease in effect at
the time of the tenant's displacement.
Section 503-C. Permanent displacement.
Once a tenant has been displaced for more than 30 days, the
tenant shall be considered a permanently displaced tenant.
Within 72 hours of the 30th day of displacement, the landlord
shall pay, by check or money order, the following to a
permanently displaced tenant:
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(1) The permanently displaced tenant's security deposit
with interest. If interest is not stated in a lease, the
interest rate shall be 5%.
(2) Any pro rata rent for the remainder of the month.
(3) Either six months' fair market value rent for a unit
of comparable size, as established by the most recent United
States Department of Housing and Urban Development schedule
for fair market rents for the zip code of the rental housing
being vacated or six months of the permanently displaced
tenant's rent under the lease at the time of displacement,
whichever is greater.
Section 504-C. Alternative agreement.
Notwithstanding a relocation payment required under this
article, a landlord and a displaced tenant may agree to an
alternative arrangement if the alternative agreement is of equal
benefit to the displaced tenant and is evidenced by a signed
written agreement between the displaced tenant and the landlord.
The written agreement detailing the alternative arrangement must
contain:
(1) The names of current occupants of the condemned
rental housing.
(2) The address of the condemned rental housing.
(3) A statement indicating the amount of the relocation
payment to which the tenant is entitled under section 502-C
or 503-C.
(4) A statement that the tenant has waived the right to
a relocation payment.
(5) A description of the alternative arrangement.
(6) The address, if known, of the location to which the
tenant plans to move.
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Section 505-C. Proof of compliance.
Within five days after a tenant vacates the rental housing, a
landlord shall provide the local housing authority or
municipality with a copy of the check or money order provided to
the displaced tenant and a receipt signed by the displaced
tenant. If an alternative arrangement is agreed upon between the
displaced tenant and the landlord, the landlord shall provide
the local housing authority or municipality with a copy of the
signed written agreement.
Section 506-C. First right to reoccupy.
A landlord shall provide a permanently displaced tenant with
the first right to reoccupy rental housing once the rental
housing becomes habitable and is compliant with all municipal
codes. The following shall apply:
(1) A landlord shall provide a permanently displaced
tenant with written notice of the tenant's first right to
reoccupy.
(2) The notice provided by the landlord shall include
the landlord's current address and telephone number which the
permanently displaced tenant can use to contact the landlord.
(3) It is the responsibility of the permanently
displaced tenant to provide the landlord with the permanently
displaced tenant's current address and telephone number to be
used for future notification.
(4) When the rental unit becomes habitable, the landlord
shall give written notice by certified mail to the
permanently displaced tenant informing the tenant that the
rental housing is habitable and ready to be occupied.
(5) If the landlord cannot locate a previous permanently
displaced tenant after two attempts over a two-month period,
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the second attempt must occur 30 days after the first
attempt, the landlord is deemed to be in compliance with the
provisions of this section and the tenant's first right to
reoccupy is forfeited.
(6) A permanently displaced tenant shall notify a
landlord of the tenant's intent to reoccupy the rental
housing no later than 15 days after the second attempt to
notify the tenant that the rental housing is ready to be
occupied.
(7) A permanently displaced tenant must reoccupy the
rental housing within 30 days after the tenant notifies the
landlord of the tenant's intent to reoccupy the rental
housing.
(8) A permanently displaced tenant may waive the right
to reoccupy the rental housing at any time after displacement
from the rental housing.
Section 507-C. Exception.
A landlord shall not be required to provide a relocation
payment or first right to reoccupy if it is deemed by the
municipality that the rental housing is condemned due to events
that are beyond the control of the landlord. This section shall
not be applicable if the condemnation was a result of lack of
maintenance, neglect or other preventable action that could have
been taken by the landlord.
Section 508-C. Applicability.
This article shall not apply to a landlord that resides in
this Commonwealth and operates less than five residential
dwelling units within this Commonwealth.
Section 3. This act shall take effect in 60 days.
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