An Act amending the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, providing for tenants' rights in cases of violence.

PRIOR PRINTER'S NOS. 60, 3175 PRINTER'S NO. 3296
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 72
Session of
2025
INTRODUCED BY BOROWSKI, GIRAL, KENYATTA, SMITH-WADE-EL,
McANDREW, HOWARD, PIELLI, CIRESI, HOHENSTEIN, KHAN, GUENST,
WARREN, SANCHEZ, HILL-EVANS, CEPEDA-FREYTIZ, DONAHUE, BRIGGS,
O'MARA, CERRATO, GILLEN, CEPHAS, SOLOMON, KINKEAD, NEILSON
AND GREEN, JANUARY 14, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 28, 2026
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," providing for tenants' rights in cases of
violence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding an
article to read:
ARTICLE V-C
TENANTS' RIGHTS IN CASES OF VIOLENCE
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:
"Attesting third party." A law enforcement official, <--
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licensed health care professional, licensed social worker,
victim advocate or human services provider as defined under 37
Pa. Code § 411.2 (relating to definitions).
"Crime." An act of domestic violence, sexual violence or
stalking or a crime as defined under section 103 of the Crime
Victims Act.
"Domestic violence." The occurrence of any of the following
acts between family or household members as defined under 23
Pa.C.S. § 6102(a) (relating to definitions):
(1) Intentionally, knowingly or recklessly causing, or
attempting to cause, bodily injury, serious bodily injury or
sexual assault.
(2) Placing another individual in reasonable fear of
imminent serious bodily harm.
(3) An act of domestic and other violence as defined in
55 Pa. Code § 3042.3 (relating to definitions).
(4) The infliction of false imprisonment under 18
Pa.C.S. § 2903 (relating to false imprisonment).
"ATTESTING THIRD PARTY." A LICENSED HEALTH CARE
PROFESSIONAL, LICENSED SOCIAL WORKER, DOMESTIC VIOLENCE
COUNSELOR OR ADVOCATE OR SEXUAL ASSAULT COUNSELOR AS THAT TERM
IS DEFINED IN 42 PA.C.S. § 5945.1 (RELATING TO CONFIDENTIAL
COMMUNICATIONS WITH SEXUAL ASSAULT COUNSELORS).
"DOMESTIC VIOLENCE." AS THE TERM "ABUSE" IS DEFINED IN 23
PA.C.S. § 6102(A) (RELATING TO DEFINITIONS).
"Domestic violence counselor/advocate." As defined in 23
Pa.C.S. § 6102(a).
"Eligible tenant." Any of the following:
(1) A tenant who is a victim.
(2) A tenant who has a household member who is a victim.
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(3) A tenant who has an immediate family member who is a
victim and one of the following apply:
(i) the victim resided within 1,000 feet of the
tenant's dwelling unit at the time of the applicable act
or crime;
(ii) the applicable act or crime was committed in
the tenant's dwelling unit or within 1,000 feet of the
tenant's dwelling unit; or
(iii) the victim was murdered KILLED as a result of
the applicable act or crime that took place within the
county in which the tenant's dwelling unit is located or
within 25 miles of the county in which the tenant's
dwelling unit is located.
"Household member." The tenant's minor child or dependent or
an individual authorized in writing by the landlord to reside in
the dwelling unit. Written authorization must be provided in one
of the following formats:
(1) certified mail;
(2) Priority Mail through the United States Postal
Service;
(3) electronic mail;
(4) a form of electronic or digital communication used
by the landlord; or
(5) any other form of written communication specified in
the lease.
"Immediate family member." Any of the following:
(1) A child or dependent of the tenant, whether of a
biological, foster, adoptive or step relationship and
regardless of age.
(2) A parent, stepparent or legal guardian of a tenant
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or of a tenant's spouse or domestic partner or an individual
who stood in loco parentis to the tenant when the tenant was
a minor child.
(3) An individual to whom the tenant is legally married
or the domestic partner under the laws of any state.
(4) A sibling, grandparent or grandchild, whether of a
biological, foster, adoptive or step relationship of the
tenant or the tenant's spouse or domestic partner.
"Murder." An act or conduct that would constitute an offense
under 18 Pa.C.S. § 2502 (relating to murder).
"Rape crisis center." As defined in 42 Pa.C.S. § 5945.1(a)
(relating to confidential communications with sexual assault
counselors).
"Responsible party." An individual who commits, or is
alleged to have committed, an act of which a tenant or an
immediate family member or household member of the tenant is a
victim.
"Sexual violence." As defined in 42 Pa.C.S. § 62A03
(relating to definitions).
"Stalking." As defined in 18 Pa.C.S. § 2709.1 (relating to
stalking).
"Tenant." An individual who is a party to a written lease of
a dwelling unit and is entitled to possession of the dwelling
unit.
"Victim." Any of the following:
(1) An individual against whom an act constituting
domestic violence, sexual violence or stalking was committed
or attempted, regardless of whether a responsible party was
arrested, charged or convicted of a crime.
(2) An individual against whom a crime as defined in
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section 103 of the Crime Victims Act, was committed
regardless of whether an alleged responsible party was
arrested, charged or convicted for the commission of the
crime, if the crime :
(2) AN INDIVIDUAL AGAINST WHOM A CRIME AS DEFINED IN
SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882,
NO.111), KNOWN AS THE CRIME VICTIMS ACT, WAS COMMITTED
REGARDLESS OF WHETHER AN ALLEGED RESPONSIBLE PARTY WAS
ARRESTED, CHARGED OR CONVICTED FOR THE COMMISSION OF THE
CRIME, IF THE CRIME:
(i) directly resulted in the individual's physical
injury or death; or
(ii) included the responsible party exhibiting,
drawing, brandishing or using a firearm or other deadly
weapon or instrument . and directly resulted in the mental
injury of the individual against whom the crime was
committed.
(3) An individual who is an intervenor as defined in
section 103 of the Crime Victims Act in an act or crime
described under paragraph (1) or (2).
(4) An individual who was physically present at the
scene of an act or crime described under paragraph (1) or (2)
and witnessed the act or crime and who, as a direct result,
suffers physical or mental injury.
"Victim advocate." An individual, whether paid or serving as
a volunteer, who provides services to victims under the auspices
or supervision of a victim service provider, district attorney
or court or law enforcement agency.
"Victim service provider." An agency or organization that
provides services to victims. The term includes a rape crisis
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center or domestic violence counselor/advocate.
Section 502-C. Early release or termination of lease.
(a) Required release.--An eligible tenant shall be released
from a lease by providing notice in accordance with subsections
(b) and (c). Providing notice in accordance with subsections (b)
and (c) does not constitute a breach of the lease.
(b) Required notice .--
(1) An eligible tenant shall be released from a lease if
the tenant provides the landlord with a valid notice under
this subsection no later than 120 90 days from the date of
any of the following, whichever is later:
(i) The most recent occurrence of an act or crime
which makes the tenant an eligible tenant.
(ii) A document described under paragraph (2)(ii)
(A), (B), (C) , (D), (E) or (F) OR (D) is issued.
(iii) The responsible party is released from a
prison, jail, juvenile detention facility or any other
detention facility or institution.
(2) A valid notice from the tenant under paragraph (1)
shall include:
(i) A signed written notice that the tenant be
released from the lease as of a specific date. The
written notice under this subparagraph shall include a
statement that the tenant intends to relocate for the
safety or the physical or mental well-being of the tenant
or an immediate family member or household member of the
tenant as a direct result of an act of which the tenant
or an immediate family member or household member is or
was a victim.
(ii) One of the following documents :
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(A) A copy of a valid court order , other than an
ex parte order, that restrains the responsible party
from contact with the tenant or an immediate family
member or household member of the tenant.
(B) A letter from a licensed medical or mental
health provider indicating that the tenant or an
immediate family member or household member of the
tenant is a victim.
(C) A police report documenting the act of which
the tenant or an immediate family member or household
member of the tenant is a victim.
(D) (B) Evidence that the responsible party has
been charged with or convicted of an act of which the
tenant or an immediate family member or household
member of the tenant is a victim.
(E) (C) A written certification form developed
by the Office of Victim Advocate and signed by the
tenant and an attesting third party in accordance
with section 503-C.
(F) (D) If the tenant's immediate family member
or household member is murdered , A VICTIM AND WAS
KILLED AS A RESULT OF THE APPLICABLE ACT OR CRIME
THAT TOOK PLACE WITHIN THE COUNTY IN WHICH THE
TENANT'S DWELLING UNIT IS LOCATED, OR WITHIN 25 MILES
OF THE COUNTY IN WHICH THE TENANT'S DWELLING UNIT IS
LOCATED, any of the following:
(I) A written verification of death, burial
or memorial services from a mortuary , funeral
home, burial society, crematorium, religious
institution, medical examiner or government
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agency.
(II) A published obituary.
(III) A death certificate.
(3) Valid notice under paragraph (1) must be provided in
one of the following formats:
(i) Certified mail.
(ii) Priority Mail through the United States Postal
Service.
(iii) Electronic mail.
(iv) Any other form of written communication
specified in the lease.
(c) Effect of notice.--After a valid notice is provided by a
tenant in accordance with subsection (b), the following shall
apply:
(1) The tenant shall be released from the lease no later
than 30 days after the date the notice was provided, or on
the date specified in the notice under subsection (b)(2)(i),
whichever is later and the tenant shall vacate the dwelling
unit on or before the date of termination.
(2) The tenant shall not be liable for rent, early
termination fees or other obligations under the lease
accruing after the date of the termination.
(3) The termination shall not affect the tenant's
obligations or outstanding rents or arrears under the lease
accruing before the date of the termination.
(d) Construction.--
(1) Nothing in this section shall be construed to
relieve a tenant who is not an eligible tenant from the
tenant's obligations under a lease. If there are multiple
tenants who are parties to a lease, the release of one or
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more tenants under this section shall not terminate the lease
with respect to the other nonterminating tenants. A tenant
released from a lease under this section shall not be liable
to the landlord or any other person for rent accruing after
the tenant's release or for actual damages resulting from the
tenant's release from the lease.
(2) Nothing in this section shall be construed to
prohibit a landlord from allowing a tenant to terminate a
lease early for any reason without requiring documentation.
(e) Limitation.--A tenant may not seek the termination of or
a release from a lease under this section on the basis of an act
for which the tenant is a responsible party.
Section 503-C. Certification form requirements.
(a) Certification form.--The Office of Victim Advocate shall
develop and display on the Office of Victim Advocate's publicly
accessible Internet website a certification form with the
requirements specified under subsection (b).
(b) Required information.--
(1) A tenant shall verify all of the following
information in the certification form developed by the Office
of Victim Advocate for the purpose of section 502-C(b)(2)(ii)
(E) 502-C(B)(2)(II)(C) :
(i) The tenant's name and the address of the
dwelling unit.
(ii) The name of each victim if different from the
tenant's name.
(iii) The name of the responsible party if it is
known and can be safely disclosed.
(iv) The approximate locations and dates during
which the act or acts that qualify the tenant as an
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eligible tenant occurred, including the most recent date.
(v) A statement that the tenant intends to relocate
for the safety or the physical or mental well-being of
the tenant or an immediate family member or household
member of the tenant as a direct result of an act of
which the tenant or an immediate family member or
household member is a victim.
(vi) The date on which the tenant intends to
terminate the lease.
(2) An attesting third party shall verify all of the
following information in the certification form for the
purpose of section 502-C(b)(2)(ii)(E) 502-C(B)(2)(II)(C) :
(i) T he name and business telephone number of the
attesting third party.
(ii) The capacity in which the attesting third party
received the information that the tenant or an immediate
family member or household member was a victim.
(iii) A statement that the attesting third party:
(A) read the tenant's verification under
paragraph (1) and has been advised by the tenant that
the tenant or an immediate family member or household
member of the tenant is a victim;
(B) believes that the tenant or an immediate
family member or household member of the tenant is a
victim;
(C) believes the tenant is an eligible tenant;
(D) believes that the tenant needs to relocate
for the safety or the physical or mental well-being
of the tenant or an immediate family member or
household member of the tenant as a direct result of
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an act of which the tenant or an immediate family
member or household member is a victim; and
(E) understands that the verification under this
paragraph may be used as the basis for releasing the
tenant from a lease.
(c) Confidentiality.--Furnishing evidence or providing a
verification under this section or section 502-C shall not waive
a confidentiality or privilege that may exist between the tenant
or victim and an attesting third party.
Section 504-C. Change of locks.
(a) Right of tenants.--Subject to subsections (b) and (c),
if a tenant is an eligible tenant and the tenant has a
reasonable fear that a responsible party or another individual
acting on the responsible party's behalf may attempt to gain
access to the tenant's dwelling unit, the tenant may change or
rekey the locks or other security devices for the dwelling unit.
A tenant who changes or rekeys the locks shall notify the
landlord within 24 hours and make arrangements to immediately
provide a key or other means of access to the landlord or any
other tenant, other than the responsible party, who is a party
to a lease. REQUEST THE LANDLORD CHANGE OR REKEY THE LOCKS OR
OTHER SECURITY DEVICES FOR THE DWELLING UNIT AT THE TENANT'S
EXPENSE. THE FOLLOWING SHALL APPLY:
(1) IF THE LANDLORD FAILS TO RESPOND TO THE TENANT'S
REQUEST WITHIN 24 HOURS, THE TENANT MAY CHANGE OR REKEY THE
LOCKS OR OTHER SECURITY DEVICES FOR THE DWELLING UNIT IN A
PROFESSIONAL MANNER AT THE TENANT'S EXPENSE.
(2) IF THE TENANT CHANGES OR REKEYS THE LOCKS OR OTHER
SECURITY DEVICES UNDER PARAGRAPH (1), THE TENANT SHALL
PROMPTLY NOTIFY THE LANDLORD AND MAKE ARRANGEMENTS TO
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IMMEDIATELY PROVIDE A KEY OR OTHER MEANS OF ACCESS TO THE
LANDLORD OR ANY OTHER TENANT, OTHER THAN THE RESPONSIBLE
PARTY, WHO IS A PARTY TO THE LEASE.
(b) Right of landlords.--If the locks or other security
devices are changed or rekeyed under subsection (a) (A)(1) , the
landlord may change or rekey the locks , AT THE LANDLORD'S
EXPENSE, to ensure compatibility with the landlord's master key
or other means of access or otherwise accommodate the landlord's
reasonable commercial needs.
(c) Prohibition.--If a responsible party is a party to a
lease, a tenant may not change or rekey the locks or other
security devices under subsection (a) unless:
(1) there is a court order expressly requiring the
responsible party to vacate the dwelling unit or prohibiting
the responsible party from having contact with the tenant or
an immediate family member or household member of the tenant
who is a victim of the responsible party; and
(2) the tenant provides a copy of the court order under
paragraph (1) to the landlord.
(d) Civil relief.--A responsible party shall not be entitled
to damages or other civil relief against a landlord or tenant
who complies in good faith with this section.
Section 505-C. Prohibition on certain acts by landlords.
(a) Prohibition.--A landlord may not do any of the following
with respe ct to the tenant, provided the tenant is not the
responsible party :
(1) Assess a fee or penalty against a tenant or
otherwise retaliate against the tenant solely for exercising
a right granted under this article.
(2) Consider a tenant for any purpose, due solely to the
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tenant exercising a right granted under this article, to have
breached the terms of the lease.
(3) Refuse to return a tenant's security deposit solely
because an eligible tenant exercised a right granted under
this article. The provisions of Article V shall otherwise
apply with regard to the retention or return of escrow funds,
including security deposits, and other sums that may be
withheld by the landlord.
(4) Increase or threaten to increase the rent, security
deposit or fees payable under a lease, decrease or threaten
to decrease services required under a lease or this act ,
terminate or threaten to terminate a lease, serve a notice to
quit or otherwise threaten to terminate a periodic tenancy
prior to the end of the term, bring or threaten to bring an
action for possession or impose different rules or
selectively enforce the landlord's rules because of any of
the following:
(i) A tenant or an immediate family member or
household member of the tenant is or has been a victim.
(ii) A tenant or proposed tenant has previously
exercised a right granted under this article.
(iii) Police or emergency personnel responded to a
good faith complaint of activities relating to the act or
acts of which the tenant or an immediate family member or
household member of the tenant is a victim.
(5) Disclose confidential information reported to the
landlord pursuant to this article unless any of the following
apply:
(i) The tenant provides written consent .
(ii) The information is required to be disclosed by
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a court order or any Federal or State law.
(iii) The information is provided in the normal
course of business to a landlord's professional advisors,
including, but not limited to, an attorney, accountant or
financial advisor. If information is provided to a
professional advisor under this paragraph, the
professional advisor is prohibited from sharing the
information with any other third party.
(b) Confidential information.--The following documents and
information contained within the documents shall be confidential
and may not be disclosed, except as provided in subsection (a)
(5):
(1) Notice of the eligible tenant's intent to relocate.
(2) Medical records of the eligible tenant or tenant's
household member or immediate family member, including
letters from licensed medical or mental health providers
described in section 502-C.
(3) Court documents that are not publicly available.
(4) Law enforcement records.
(5) Written certification forms signed by the tenant and
an attesting third party described in section 503-C.
(6) Written verifications of death as described in
section 503-C that are not publicly available.
(c) Willful violation.--
(1) If a landlord willfully violates this section, a
tenant may terminate a lease or defend an action for
possession on the grounds that the landlord willfully
violated this section or obtain appropriate injunctive
relief.
(2) In the action under paragraph (1), the court shall
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award the tenant an amount equal to two months' rent, or
double actual damages, whichever is greater.
Section 2. The addition of Article V-C of the act shall
apply to leases entered into or extended on or after the
effective date of this section.
Section 3. This act shall take effect in 180 days.
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