Pennsylvania HB 72: 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.

Bill Text

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