Pennsylvania SB 546: An Act amending the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, in preliminary provisions, providing for residential rental property rate increases; and establishing the Rent Control Advisory Board.

Bill Text

PRINTER'S NO. 571
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 546
Session of
2025
INTRODUCED BY CAPPELLETTI, COLLETT, SAVAL, SCHWANK, HAYWOOD,
COSTA, TARTAGLIONE AND KANE, APRIL 9, 2025
REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 9, 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 preliminary provisions, providing for
residential rental property rate increases; and establishing
the Rent Control Advisory Board.
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 a
section to read:
Section 106. Residential Rental Property Rate Increases.--
(a) A lessor of a residential rental property of a tenant may
not increase the gross rental amount for the residential rental
property of the tenant by an amount greater than ten per cent
above the lowest gross rental amount charged for the residential
rental property at any time during the twelve-month period prior
to the effective date of the increase in the gross rental amount
or by a rate greater than the percentage increase in the annual
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area median income of the county in which the residential rental
property is located, whichever is greater. The following apply:
(1) In determining the lowest gross rental amount, any rent
discount, incentive, concession or credit offered by the lessor
and accepted by the tenant shall be excluded.
(2) The gross rental amount and any rent discount,
incentive, concession or credit shall be separately listed and
identified in the rental agreement, and in any amendment of the
rental agreement, of the tenant.
(3) If the same tenant remains in occupancy of a residential
rental property over any twelve-month period, the lessor may not
increase the gross rental amount more than once during that
twelve-month period unless stipulated in the rental agreement.
(b) The following apply to notice of an increase in the
gross rental amount for a tenant by a lessor:
(1) The lessor shall provide the tenant with written notice
of the increase at least ninety days prior to the effective date
of the increase.
(2) The written notice of the increase must specify all of
the following:
(i) The amount of the increase.
(ii) The new gross rental amount.
(iii) The facts supporting an exception authorized under
subsection (h) for any increase exceeding the limitations under
subsection (a), if applicable.
(iv) The date on which the increase becomes effective.
(c) A lessor may not increase the gross rental amount for a
new tenant more than fifteen per cent above the gross rental
amount paid by the tenant who occupied the residential rental
property immediately prior to the occupancy of the new tenant.
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The lessor shall disclose the gross rental amount paid by the
previous tenant to the new tenant before or at the time of the
execution of the rental agreement by the new tenant.
(d) A lessor that increases gross rental amounts in
violation of this section is liable to the tenant in an amount
equal to three months' rent of the tenant plus actual damages
suffered by the tenant.
(e) Nothing in this section shall be construed to affect or
impair the right of a tenant to pursue a private cause of action
or seek other relief.
(f) The Rent Control Advisory Board is established to
administer this section. The following apply:
(1) The appointment of members of the board shall be as
follows:
(i) The Governor shall appoint as a member of the board an
individual representing tenants.
(ii) The President pro tempore of the Senate shall appoint
the following as members of the board:
(A) An individual representing the Department of Military
and Veterans Affairs.
(B) An individual representing recipients of low-income
housing.
(iii) The Minority Leader of the Senate shall appoint the
following as members of the board:
(A) An individual representing developers.
(B) An individual representing persons with disabilities.
(iv) The Speaker of the House of Representatives shall
appoint the following as members of the board:
(A) An individual representing the building or construction
trades.
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(B) An individual representing the Housing Alliance of
Pennsylvania.
(v) The Minority Leader of the House of Representatives
shall appoint the following as members of the board:
(A) An individual representing the Pennsylvania Housing
Finance Agency.
(B) An individual representing lessors.
(2) The members of the board shall be appointed as follows:
(i) Except as provided in su