For those who were unable to join us for yesterday afternoon's PAA Legislative Update Phone Call, below is a summary of the state issues were discussed. Please feel free to
contact Christine with any questions. Our next call, the last call of the year, will be Wednesday, November 30th at 3:00 PM. The call in number is (712) 775-7031 and the access code is 514404#.
The end of the session is fast approaching, and Sine Die , when the session adjourns with no plans for extra session days, is anticipated. The PA House has eight session days remaining, and the Senate has six session.
Rep. Stan Saylor's (R- York) HB 447: Death of Tenant
HB 447 is set on the Senate Calendar for October 17th and is likely to pass. Versions of this bill have been considered for the past couple of sessions. The current language reflects amendments that PAA and the state realtors' association were influential in inserting.
The bill would require: If the deceased tenant was the sole tenant, the executor or administrator of the estate of a tenant who dies during the term of a residential lease the option to terminate the lease upon fourteen days' written notice to the landlord on the later of: the last day of the second calendar month that immediately follows the calendar month in which the tenant died; or upon surrender of the rental unit and removal of all of the tenant's personal property. The estate would still be liable for rent incurred prior to the date of the termination of the lease and any damages or expenses the landlord may incur.
Rep. Scott Petri's (R- Bucks) HB 1715: Revised Evictions Proceedings
Rep. Petri resurrected
HB 1715 from sessions past. This bill would remove inconsistencies in current state law and the PA District Justice Rules of Court. Currently, the laws result in an unintended 21-day waiting period for landlords to move forward with the lockout of a tenant after a judge rules in the landlord's favor. This bill would rectify the inconsistency by allowing a tenant's ten-day appeal period and the landlord's period to file an Order of Possession to run concurrently.
This bill is set on the House's tabled calendar for October 17th and has not yet gone through the Senate, so this bill may not have time to pass before session ends.
Rep. Curt Sonney's (R- Erie) HB 2008: Meth Lab Disclosure
HB 2008 has been around for several sessions. PAA and other stakeholders were able to kill the bill in the past but this session the bill remained alive in committee. It was rereferred to the House's Committee on Appropriations. Most recent indications show that the bill may go through a House vote before the end of session, however, it will likely lapse before it can get through the Senate.
This bill would require a landlord with actual knowledge that a unit was previously used as a meth lab to disclose this fact in writing to a prospective tenant. Any tenant who is not provided a written notice may terminate the lease agreement within 60 days of discovering that the unit was used a meth lab. PAA's will continue to argue that this bills language does not adequately protect landlords who have fully remediated the premises.
HB 2239, SB 482, and SB 486: Blight Bills
A slew of bills to assist municipalities to fight blight and abandoned properties were introduced in this session and remain on our radar.
Rep. Ted Harhai's HB 2239 (D- Westmoreland) is set on October 17th's tabled calendar, but has not gone through the Senate. It would impose a $1 fee on all construction or building permits issued through PA. This fee would fund grants that would be issued to municipalities on a competitive basis to remove or upgrade blighted, abandoned and structurally unsafe buildings.
Sen. Jim Brewster's (D- Allegney) SB 482 would place a fee, not to exceed 10% of the assessed price of property sold at judicial sale, in order to raise funds for the demolition and rehabilitation of properties within that specific county. This bill successfully passed the Senate and is on the House's tabled calendar for October 17th.
Sen. David Argall's (R- Schuylkill) SB 486 also successfully passed the Senate and is set on the House's t abled calendar for October 17th. It would allow counties to apply a fee through the Recorder of Deeds office of up to $15 for each deed and mortgage recorded. The funds would be used for a demolition program specifically for blighted properties.
Rep. Madeline Dean's (D- Montgomery) HB 1051: Domestic Violence & Early Lease Termination
PAA has worked closely with Rep. Dean and other stakeholders throughout
HB 1051's legislative process. This bill would require early lease termination for victims of domestic violence. If a tenant who has a reasonable fear that a perpetrator, or an individual acting on the perpetrator's behalf, may enter his or her dwelling unit, this bill would allow the tenant to change the locks at his or her expense. It would also require the property owner to release a tenant from the lease if he or she provides the property owner with a written notice of intent to leave (the notice must be given at least 30 days prior to the date the tenant intends the release to be effective), and a court order, police report, medical record, or court document relating to the tenant's or immediate family member's victimization by domestic violence, sexual assault or stalking.
During talks with the bill's sponsor and other stakeholders, PAA has stated that ideally, property owners should have latitude to deal with victims on a case-by-case basis. Rental owners routinely work with tenants to address such issues. The bill's language was ultimately amended with some of PAA's suggested language. It is on the House's tabled calendar for October 17th but may not have time to pass muster in the Senate before session's end
Rep. Warren Kampf's (R- Chester) HB 1993 and Sen. David Argall's (R- Schuylkill) SB 877: Spot Appeals
HB 1993 is extremely similar to
SB 877 and the language largely reflects the bill that passed two sessions ago and was vetoed by then-Governor Ed Rendell. PAA's efforts have been met with a lot of pushback from school boards. However, PAA did manage to catch the ears of many PA General Assembly members. During extensive stakeholder talks, PAA and school board officials were instructed to come up with compromise language. PAA did come up with new language that would not take away all of a school district's right to appeal, but would alleviate the unjustified ways in which school districts are abusing spot appeals. Our lobbying firm, Buchanan, Ingersoll & Rooney, is working with several owner members who are experiencing spot appeals to draft further amendments. PAA continues to discuss the issue with key members of the House and Senate, as well as Governor Wolf and his staff. However, while PAA has been at the table and willing to negotiate this bill's successful passage, we are running into a great deal of politics at the final hour. The problem of spot appeals is growing and we intend to continue our "full court press".
Rep. John Taylor's (R- Philadelphia) Movement to Amend PA Constitution's Uniformity Clause
Please refer to our
previous legislative update email for an overview of this topic as it currently stands. This bill has passed finally this year and must go through the legislative process again next session.
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