Regular Session 2023-2024 House Bill 1549 P.N. 2724

PRIOR PRINTER'S NO. 1808

PRINTER'S NO. 2724

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, FIEDLER, OTTEN, KHAN AND KRAJEWSKI,

JUNE 29, 2023

AS REPORTED FROM COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,

HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 18, 2024

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

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individual tenant, but also to his family, servants and

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

AND DOES vacate rental housing for 30 60 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

AND DOES vacate rental housing for less than 30 60 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

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posting of condemnation on the rental housing, a landlord shall

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.

(A) GENERAL RULE.--FOR A TEMPORARILY DISPLACED TENANT, A

LANDLORD SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION WITHIN

60 HOURS OF THE POSTING OF CONDEMNATION ON THE RENTAL HOUSING.

(B) ALTERNATIVE OFFER FROM LANDLORD.--

(1) FOR A TEMPORARILY DISPLACED TENANT, A LANDLORD MAY

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OFFER ANY ALTERNATIVE AVAILABLE DWELLING UNIT OF COMPARABLE

SIZE AND RENTAL PRICE FOR THE TEMPORARILY DISPLACED TENANT

AND THE TEMPORARILY DISPLACED TENANT'S BELONGINGS FOR THE

FULL TEMPORARILY DISPLACED PERIOD.

(2) A TEMPORARY DISPLACEMENT PERIOD SHALL NOT EXCEED 60

DAYS.

(3) IF A DISPLACED TENANT ACCEPTS A LANDLORD'S OFFER OF

AN AVAILABLE DWELLING UNIT UNDER THIS SUBSECTION FOR THE

REMAINDER OF THE TEMPORARY DISPLACEMENT PERIOD, THE LANDLORD

SHALL HAVE NO OTHER REQUIREMENTS UNDER THIS ARTICLE.

(1) AT THE BEGINNING OF A TEMPORARY DISPLACEMENT PERIOD,

A LANDLORD SHALL EITHER:

(I) PROVIDE P AYMENT FOR THE COSTS OF THE IMMEDIATE

RELOCATION OF THE TEMPORARILY DISPLACED TENANT AND THE

TENANT'S BELONGINGS; OR

(II) WITH THE TENANT'S WRITTEN APPROVAL, MOVE THE

TENANT'S BELONGINGS AT LANDLORD'S EXPENSE.

(2) AT THE END OF A TEMPORARY DISPLACEMENT PERIOD, A

LANDLORD SHALL EITHER:

(I) PROVIDE 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; OR

(II) WITH THE TENANT'S WRITTEN APPROVAL, MOVE THE

TENANT'S BELONGINGS.

(D) LEASE TERMS.--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

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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 60 days,

the tenant shall be considered a permanently displaced tenant.

Within 72 hours of the 30th 60TH day of displacement, the

landlord shall pay, by check or money order, the following to a

permanently displaced tenant:

(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.

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(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.

(3) IF THE PERMANENTLY DISPLACED TENANT HAD UNPAID DEBTS

OR ARREARAGES OWED TO THE LANDLORD PRIOR TO THE RENTAL

HOUSING BECOMING UNINHABITABLE, A LANDLORD MAY USE THE

SECURITY DEPOSIT TO RECOUP THE UNPAID DEBTS OR ARREARAGES.

THE REMAINDER OF THE SECURITY DEPOSIT, AFTER THE UNPAID DEBT

OR ARREARAGE HAS BEEN COLLECTED WITH INTEREST, SHALL BE

RETURNED TO THE PERMANENTLY DISPLACED TENANT AS REQUIRED

UNDER PARAGRAPH (1).

SECTION 504-C. LANDLORD TENANT AGREEMENT.

A LANDLORD AND A DISPLACED TENANT MAY AGREE TO AN

ARRANGEMENT, INCLUDING:

(1) THE TENANT SHALL HAVE THE FIRST RIGHT OF REFUSAL

WHEN THE ORIGINAL RENTAL HOUSING IS MADE HABITABLE.

(2) A LANDLORD MAY OFFER TO A DISPLACED TENANT ANY

AVAILABLE DWELLING UNIT OF COMPARABLE SIZE AND RENTAL PRICE

FOR THE REMAINDER OF THE LEASE PERIOD. IF THE TENANT ACCEPTS

AN ARRANGEMENT OF THE DWELLING UNIT UNDER THIS PARAGRAPH, THE

LANDLORD SHALL HAVE NO OTHER REQUIREMENTS UNDER THIS ARTICLE.

(3) A LANDLORD MAY OFFER TO A DISPLACED TENANT TO BE

RELEASED FROM THE REQUIREMENTS OF THE WRITTEN LEASE EARLY IF

THE RENTAL HOUSING WILL NOT BE MADE HABITABLE BY THE END OF

THE ORIGINAL LEASE AGREEMENT. IF A DISPLACED TENANT AGREES TO

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BEING RELEASED FROM THE LEASE EARLY, IN WRITING, A LANDLORD

SHALL HAVE NO OTHER REQUIREMENTS UNDER THIS ARTICLE.

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 LETTER STATING THAT THE LANDLORD AND

THE TENANT HAVE REACHED AN 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

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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,

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) (5) A permanently displaced tenant shall notify a

landlord of the tenant's intent to reoccupy the rental

housing no later than 15 FIVE days after the second attempt

to notify RECEIPT OF THE CERTIFIED LETTER NOTIFYING the

tenant that the rental housing is ready to be occupied.

(7) (6) 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) (7) 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

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dwelling units within this Commonwealth.

SECTION 507-C. APPLICABILITY.

THIS ARTICLE SHALL NOT APPLY TO EITHER OF THE FOLLOWING:

(1) A LANDLORD OR MANAGING AGENT WHO:

(I) RESIDES IN THIS COMMONWEALTH AND OPERATES LESS

THAN 15 RESIDENTIAL DWELLING UNITS WITHIN THIS

COMMONWEALTH;

(II) EMPLOYS AN ON-SITE PROPERTY MANAGEMENT TEAM

WITHIN THIS COMMONWEALTH;

(III) EMPLOYS AN ON-SITE PROPERTY MAINTENANCE TEAM

WITHIN THIS COMMONWEALTH; OR

(IV) HAS ENTERED INTO AN AGREEMENT WITH A THIRD-

PARTY PROPERTY MANAGEMENT COMPANY OR PROPERTY MAINTENANCE

TEAM WITHIN THIS COMMONWEALTH.

(2) IF THE RENTAL HOUSING IS CONDEMNED DUE TO:

(I) EVENTS THAT ARE BEYOND THE CONTROL OF THE

LANDLORD, INCLUDING FIRES, WATER DAMAGE, NATURAL

DISASTERS OR ACTS OF GOD; OR

(II) DAMAGES THAT ARE THE RESULT OF THE LACK OF

MAINTENANCE, NEGLECT, FAILURE TO PAY UTILITY BILLS OR

OTHER PREVENTATIVE ACTION THAT COULD HAVE BEEN TAKEN BY

THE TENANT.

Section 3. This act shall take effect in 60 days ONE YEAR.

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