Pennsylvania HB 1256: An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, providing for short-term rental of residential property.

Bill Text

PRINTER'S NO. 1402
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1256
Session of
2025
INTRODUCED BY HEFFLEY AND CIRESI, APRIL 17, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
APRIL 17, 2025
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, providing for short-term
rental of residential property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART IV
LEASES OF REAL PROPERTY
Subpart
A. Residential Leases
SUBPART A
RESIDENTIAL LEASES
Chapter
91. Short-Term Rentals
CHAPTER 91
SHORT-TERM RENTALS
Sec.
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9101. Scope of chapter.
9102. Definitions.
9103. Rental operator conduct.
9104. Limitation on municipal powers.
9105. Private cause of action.
9106. Fines for failure to register or gain license.
9107. Third-party listing platform liability.
§ 9101. Scope of chapter.
This chapter relates to short-term rentals of residential
property.
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Property owner." An owner of record of real property
offered to a transient as a short-term rental.
"Rental operator." A property owner, management company or
entity that operates a short-term rental.
"Renter." A transient who pays for the use of a short-term
rental.
"Short-term rental." A residential property or multifamily
property offered for rent to a transient for profit for a period
less than 30 consecutive days.
"Third-party listing platform." An electronically accessible
technology used as a base for a rental operator to contact a
potential renter for the purpose of entering into a contract for
a short-term rental.
"Transient." An individual who fails to establish or
maintain a residence at the same premises in this Commonwealth
for a period of more than 30 consecutive days.
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§ 9103. Rental operator conduct.
(a) Prohibited conduct.--A rental operator may not:
(1) engage in conduct that contravenes a law or
regulation, including, but not limited to, criminal law,
planning law or regulation of the Federal, State or local
government applicable to the operation of the short-term
rental property or the short-term rental; or
(2) allow a renter to use a short-term rental in a
manner that constitutes a public nuisance or violates a law
or ordinance regarding public nuisance conduct.
(b) Duties.--A rental operator shall:
(1) comply with all applicable licensing, registration
or permitting requirements of the municipality or community
where the rental property is located;
(2) comply with all occupancy, health and safety,
parking, waste disposal or other ordinances applicable to a
short-term rental adopted by the municipality in which the
property is located; and
(3) be liable to the municipality in which the property
is located for action or inaction by a renter that
constitutes a violation of a noise, nuisance, parking or
waste disposal ordinance, if the rental operator knew or
should have known of the action or inaction and failed to
take reasonable action to prevent the violation.
§ 9104. Limitation on municipal powers.
A municipality may not prohibit or unnecessarily delay the
approval or registration of a short-term rental that complies
with all requirements under this chapter, applicable law,
ordinances and zoning requirements.
§ 9105. Private cause of action.
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(a) Authorization.--An owner or tenant of real property who
is substantially affected by an act of a renter, property owner
or rental operator that is a violation of law, regulation or
ordinance may bring an action in a court of proper jurisdiction
to prevent, restrain, correct or abate the act.
(b) Recovery.--A person found liable in a civil action
brought under subsection (a) shall pay damages and reasonable
attorney fees incurred by the owner or tenant as a result of the
action.
§ 9106. Fines for failure to register or gain license.
(a) Authorization.--Except as provided in subsection (b), a
property owner that is subject to a municipal registration or
licensing ordinance relating to a short-term rental and fails to
comply with the ordinance may be fined by the municipality at a
rate not to exceed $500 per day that the property owner fails to
comply.
(b) Exception.--A property owner whose registration or
license to operate has been withdrawn for a violation of a
municipal ordinance under subsection (a) and continues to
violate the municipal ordinance may be fined by the municipality
at a rate not to exceed $1,000 per day that the property owner
fails to comply.
§ 9107. Third-party listing