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PRINTER'S NO. 298
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 343
Session of
2025
INTRODUCED BY GREEN, HOWARD, SANCHEZ, HILL-EVANS, HOHENSTEIN,
CIRESI, FIEDLER AND KENYATTA, JANUARY 27, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
JANUARY 27, 2025
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 definitions and
providing for borrowing requirements, for abandonment of
residential rental property and for maintenance by receiver;
and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501-A of the act of April 6, 1951
(P.L.69, No.20), known as The Landlord and Tenant Act of 1951,
is amended by adding definitions to read:
Section 501-A. Definitions.--As used in this article, the
following terms shall have the meanings ascribed to them in this
section unless the context otherwise indicates:
* * *
(4) "Abandoned" when the landlord of a residential rental
property fails to:
(i) make repairs or perform maintenance on a timely basis to
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ensure that the residential rental property is habitable, safe
and sanitary for tenants currently residing in the property;
(ii) respond to contact attempts, for at least one month, by
a tenant or tenants who reside in the residential rental
property to rectify an issue with the residential rental
property; and
(iii) rectify a municipal code violation of the residential
rental property on a timely basis.
(5) "Receiver" a court-appointed third party that takes
control of a residential rental property and makes decisions
about the management and operation of the residential rental
property.
(6) "Receivership" a legal remedy where residential rental
property is placed into legal custody and the court transfers
ownership of the residential rental property to a receiver.
Section 2. The act is amended by adding sections to read:
Section 506-A. Borrowing Requirements.--(a) When the
landlord of a residential rental property seeks a home equity
loan, a home equity line of credit or any other financial
instrument in which the landlord borrows against the equity of
the residential rental property through a lender, the lender
shall investigate the need for and purpose of the borrowing. If
the loan, line of credit or other financial instrument is
granted, the landlord shall:
(1) Notify any tenants at the residential rental property
about the existence and purpose of the borrowing.
(2) Provide to any tenants at the residential rental
property contact information for the lender.
(b) As part of the loan agreement described in subsection
(a), the lender shall require the landlord to ensure that the
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residential rental property is habitable, safe and sanitary,
which shall include making repairs or upgrades on a timely
basis. The following apply to necessary repairs or upgrades to
the residential rental property:
(1) The lender shall determine the time schedule for any
necessary repairs or upgrades to the residential rental
property.
(2) If the landlord fails to make necessary repairs or
upgrades to the residential rental property on a timely basis,
as determined by the lender, the lender may call in the loan for
the full amount.
(c) A tenant at the residential rental property may notify
the lender if the landlord fails to ensure that the residential
rental property is habitable, safe and sanitary in accordance
with subsection (b).
Section 507-A. Abandonment of Residential Rental Property.--
(a) If a tenant has reasonable cause to suspect that a landlord
has abandoned the residential rental property that the tenant
currently resides in, the tenant may petition the municipality
in which the subject residential rental property is located to
investigate whether the landlord abandoned the residential
rental property.
(b) Within one month of receipt of a petition under
subsection (a), the municipality in which the subject
residential rental property is located:
(1) Shall investigate whether the subject residential rental
property is abandoned.
(2) May, if the municipality determines that the residential
rental property is abandoned, impose a civil penalty on the
landlord which shall, at minimum, include the cost of
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rehabilitating the residential rental property to correct any
municipal code violation.
(c) Before imposing a civil penalty under subsection (b):
(1) The municipality must attempt to contact the landlord of
the residential rental property.
(2) The landlord of the residential rental property shall
have the opportunity to furnish evidence to the municipality to
demonstrate that:
(i) The residential rental property is not abandoned.
(ii) The landlord will rehabilitate the residential rental
property to correct any municipal code violation on a timely
basis as determined by the municipality.
(d) As used in this section, the term "municipality" means a
county, city, borough, incorporated town or township of this
Commonwealth.
Section 508-A. Maintenance by Receiver.--(a) If a
residential rental property goes into receivership, the receiver
shall:
(1) Ensure that the residential rental property is
habitable, safe and sanitary, which shall include making repairs
or upgrades on a timely basis, as provided under subsection (b).
(2) Notify the municipality in which the residential rental
property is located.
(b) A municipality, within thirty days of receiving
notification from a receiver about the receipt of a residential
rental property that is located in the municipality, shall
determine the habitability of the residential rental property.
The following apply:
(1) If the municipality determines that the residential
rental property is uninhabitable, the municipality shall require
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the receiver to make necessary repairs or upgrades to the
residential rental property on a timely basis, as determined by
the municipality.
(2) If the receiver does not comply with paragraph (1), the
municipality may impose a civil penalty on the receiver, which
shall, at a minimum, be the cost of rehabilitating the
residential rental property to correct violations of municipal
code.
(c) As used in this section, the term "municipality" means a
county, city, borough, incorporated town or township of this
Commonwealth.
Section 3. This act shall take effect in 60 days.
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