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.

PRINTER'S NO.   60

                     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 AND
        BRIGGS, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2025


                                      AN ACT
 1   Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
 2      act relating to the rights, obligations and liabilities of
 3      landlord and tenant and of parties dealing with them and
 4      amending, revising, changing and consolidating the law
 5      relating thereto," providing for tenants' rights in cases of
 6      violence.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of April 6, 1951 (P.L.69, No.20), known
10   as The Landlord and Tenant Act of 1951, is amended by adding an
11   article to read:
12                                ARTICLE V-C
13                    TENANTS' RIGHTS IN CASES OF VIOLENCE
14   Section 501-C.    Definitions.
15      The following words and phrases when used in this article
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "Attesting third party."      A law enforcement official,
19   licensed health care professional, licensed social worker,
 1   victim advocate or victim service provider.
 2      "Domestic violence."     The occurrence of any of the following
 3   acts between family or household members as that phrase is
 4   defined under 23 Pa.C.S. § 6102(a) (relating to definitions):
 5          (1)   Intentionally, knowingly or recklessly causing, or
 6      attempting to cause, bodily injury, serious bodily injury or
 7      sexual assault.
 8          (2)   Placing another individual in reasonable fear of
 9      imminent serious bodily harm.
10          (3)   An act of domestic and other violence as defined in
11      55 Pa. Code § 3042.3 (relating to definitions).
12          (4)   The infliction of false imprisonment under 18
13      Pa.C.S. § 2903 (relating to false imprisonment).
14      "Domestic violence counselor/advocate."        As defined in 23
15   Pa.C.S. § 6102(a).
16      "Eligible tenant."     Any of the following:
17          (1)   A tenant who is a victim.
18          (2)   A tenant who has an immediate family or household
19      member who is a victim and one of the following apply:
20                (i)    the victim resides in the same dwelling unit as
21          the tenant;
22                (ii)    the victim resided within 1,000 feet of the
23          tenant's dwelling unit at the time of the applicable act
24          or crime;
25                (iii)    the applicable act or crime was committed in
26          the tenant's dwelling unit or within 1,000 feet of the
27          tenant's dwelling unit;
28                (iv)    the immediate family or household member of the
29          tenant is a victim of stalking; or
30                (v)    the immediate family or household member of the

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 1          tenant is a victim who was killed in the applicable act
 2          or crime.
 3      "Immediate family or household member."    Any of the
 4   following:
 5          (1)     A child or legal ward of the tenant, whether of a
 6      biological, foster, adoptive or step relationship and
 7      regardless of age.
 8          (2)     A parent, stepparent or legal guardian of a tenant
 9      or of a tenant's spouse or domestic partner or an individual
10      who stood in loco parentis to the tenant when the tenant was
11      a minor child.
12          (3)     An individual to whom the tenant is legally married
13      or the domestic partner under the laws of any state or
14      political subdivision.
15          (4)     A sibling, grandparent or grandchild, whether of a
16      biological, foster, adoptive or step relationship of the
17      tenant or the tenant's spouse or domestic partner.
18          (5)     An individual who resides in the same dwelling unit
19      as a tenant.
20      "Rape crisis center."     As defined in 42 Pa.C.S. § 5945.1(a)
21   (relating to confidential communications with sexual assault
22   counselors).
23      "Responsible party."    An individual who commits, or is
24   alleged to have committed, an act of which a tenant or an
25   immediate family or household member of the tenant is a victim.
26      "Sexual violence."    As defined in 42 Pa.C.S. § 62A03
27   (relating to definitions).
28      "Stalking."    As defined in 18 Pa.C.S. § 2709.1 (relating to
29   stalking).
30      "Tenant."    An individual who is a party to a written lease of

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 1   a dwelling unit and is entitled to possession of the dwelling
 2   unit.
 3      "Victim."    Any of the following:
 4           (1)    An individual against whom an act of domestic
 5      violence, sexual violence or stalking was committed or
 6      attempted, regardless of whether a responsible party was
 7      arrested or adjudicated for the commission of a crime.
 8           (2)    An individual against whom a crime as defined in
 9      section 103 of the act of November 24, 1998 (P.L.882,
10      No.111), known as the Crime Victims Act, was committed or
11      attempted, regardless of whether an alleged responsible party
12      was arrested or adjudicated for the commission of the crime,
13      if the crime or attempt:
14                 (i)    directly resulted in the individual's physical
15           injury or death; or
16                 (ii)   included the responsible party exhibiting,
17           drawing, brandishing or using a firearm or other deadly
18           weapon or instrument and directly resulted in the mental
19           injury of the individual against whom the crime was
20           committed.
21           (3)    An individual who is an intervenor as defined in
22      section 103 of the Crime Victims Act in an act or crime
23      described under paragraph (1) or (2).
24           (4)    An individual who was physically present at the
25      scene of an act or crime described under paragraph (1) or (2)
26      and witnessed the act or crime and who, as a direct result,
27      suffers physical or mental injury.
28      "Victim advocate."      An individual, whether paid or serving as
29   a volunteer, who provides services to victims under the auspices
30   or supervision of a victim service provider, court or law

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 1   enforcement or prosecution agency.
 2      "Victim service provider."        An agency or organization that
 3   provides services to victims. The term includes a rape crisis
 4   center or domestic violence counselor/advocate.
 5   Section 502-C.        Early release or termination of lease.
 6      (a)   Release authorized.--If a tenant is an eligible tenant
 7   and the tenant needs to relocate as a result of an applicable
 8   act or crime, the tenant may be released from a lease by
 9   providing a notice in accordance with subsection (b).
10      (b)   Required release.--
11            (1)   An eligible tenant shall be released from a lease if
12      the tenant provides the landlord with a valid notice under
13      this subsection no later than 120 days from the date of any
14      of the following, whichever is later:
15                  (i)    The most recent occurrence of an act or crime
16            which makes the tenant an eligible tenant.
17                  (ii)    A document described under paragraph (2)(ii)
18            (A), (B), (C), (D), (E) or (F) is issued.
19                  (iii)    The responsible party is released from a
20            prison, jail, juvenile detention facility or any other
21            detention facility or institution.
22            (2)   A valid notice from the tenant under paragraph (1)
23      shall include:
24                  (i)    A written notice signed by the tenant of the
25            tenant's intent to be released from the lease as of a
26            specific date. The written notice under this subparagraph
27            shall include a statement that the tenant intends to
28            relocate for the safety or the physical or mental well-
29            being of the tenant or an immediate family or household
30            member of the tenant as a direct result of an act of

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 1        which the tenant or an immediate family or household
 2        member is a victim.
 3             (ii)    Unless the landlord states in writing that
 4        additional documentation is not necessary, one of the
 5        following:
 6                    (A)   A copy of a valid court order that restrains
 7             the responsible party from contact with the tenant or
 8             an immediate family or household member of the
 9             tenant.
10                    (B)   A letter from a licensed medical or mental
11             health provider indicating that the tenant or an
12             immediate family or household member of the tenant is
13             a victim.
14                    (C)   A police report documenting the act of which
15             the tenant or an immediate family or household member
16             of the tenant is a victim.
17                    (D)   Evidence that the responsible party has been
18             charged with or convicted of an act of which the
19             tenant or an immediate family or household member of
20             the tenant is a victim.
21                    (E)   A written certification form developed by
22             the Office of Victim Advocate and signed by the
23             tenant and an attesting third party in accordance
24             with section 503-C.
25                    (F)   If the tenant's immediate family or
26             household member is deceased as a result of a crime,
27             any of the following:
28                          (I)   A written verification of death, burial
29                    or memorial services from a mortuary, funeral
30                    home, burial society, crematorium, religious

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 1                     institution, medical examiner or government
 2                     agency.
 3                         (II)    A published obituary.
 4                         (III)    A death certificate.
 5      (c)   Effect of notice.--After a valid notice is provided by a
 6   tenant in accordance with subsection (b), the following shall
 7   apply:
 8            (1)   The tenant shall be released from the lease no later
 9      than 30 days after the date the notice was provided, or on
10      the date specified in the notice under subsection (b)(2)(i),
11      whichever is later, if the tenant vacates the dwelling unit
12      on or before the applicable date.
13            (2)   The tenant shall not be liable for rent or other
14      obligations under the lease accruing after the date of the
15      termination.
16            (3)   The termination shall not affect the tenant's
17      obligations or outstanding rents or arrears under the lease
18      accruing before the date of the termination.
19      (d)   Construction.--Nothing in this section shall be
20   construed to relieve a tenant who is not an eligible tenant from
21   the tenant's obligations under a lease. If there are multiple
22   tenants who are parties to a lease, the release of one or more
23   tenants under this section shall not terminate the lease with
24   respect to the other nonterminating tenants. A tenant released
25   from a lease under this section shall not be liable to the
26   landlord or any other person for rent accruing after the
27   tenant's release or for actual damages resulting from the
28   tenant's release from the lease.
29      (e)   Limitation.--A tenant may not seek the termination of or
30   a release from a lease under this section on the basis of an act

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 1   for which the tenant is the responsible party.
 2   Section 503-C.         Certification form requirements.
 3      (a)    Certification form.--The Office of Victim Advocate shall
 4   develop and display on the Office of Victim Advocate's publicly
 5   accessible Internet website a certification form with the
 6   requirements specified under subsection (b).
 7      (b)    Required information.--
 8             (1)   A tenant shall verify all of the following
 9      information in the certification form developed by the Office
10      of Victim Advocate for the purpose of section 502-C(b)(2)(ii)
11      (E):
12                   (i)    The tenant's name and the address of the
13             dwelling unit.
14                   (ii)    The name of the victim if different from the
15             tenant's name.
16                   (iii)    The name of the responsible party if known and
17             can be safely disclosed.
18                   (iv)    The approximate dates and locations during
19             which the act or acts which qualify the tenant as an
20             eligible tenant occurred, including the most recent date.
21                   (v)    A statement that the tenant intends to relocate
22             for the safety or the physical or mental well-being of
23             the tenant or an immediate family or household member of
24             the tenant as a direct result of an act of which the
25             tenant or an immediate family or household member is a
26             victim.
27                   (vi)    The date on which the tenant intends to vacate
28             the dwelling unit.
29             (2)   An attesting third party shall verify all of the
30      following information in the certification form developed by

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 1      the Office of Victim Advocate for the purpose of section
 2      section 502-C(b)(2)(ii)(E):
 3                (i)    The name and business telephone number of the
 4            attesting third party.
 5                (ii)    The capacity in which the attesting third party
 6            received the information that the tenant or an immediate
 7            family or household member was a victim.
 8                (iii)    A statement that the attesting third party:
 9                       (A)   read the tenant's verification under
10                paragraph (1) and has been advised by the tenant that
11                the tenant or an immediate family or household member
12                of the tenant is a victim;
13                       (B)   believes that the tenant or an immediate
14                family or household member of the tenant is a victim;
15                       (C)   believes the tenant is an eligible tenant;
16                       (D)   believes that the tenant needs to relocate
17                for the safety or the physical or mental well-being
18                of the tenant or an immediate family or household
19                member of the tenant as a direct result of an act of
20                which the tenant or an immediate family or household
21                member is a victim; and
22                       (E)   understands that the verification under this
23                paragraph may be used as the basis for releasing the
24                tenant from a lease.
25      (c)   Confidentiality.--Furnishing evidence or providing a
26   verification under this section or section 502-C shall not waive
27   a confidentiality or privilege that may exist between the tenant
28   or victim and a third party.
29   Section 504-C.      Change of locks.
30      (a)   Right of tenants.--Subject to subsections (b) and (c),

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 1   if a tenant is an eligible tenant and the tenant has a
 2   reasonable fear that a responsible party or another individual
 3   acting on the responsible party's behalf may attempt to gain
 4   access to the dwelling unit that the tenant leases, the tenant
 5   may change or rekey the locks or other security devices for the
 6   dwelling unit. A tenant who changes or rekeys the locks shall
 7   notify the landlord within 48 hours and make arrangements to
 8   immediately provide a key or other means of access to the
 9   landlord or any other tenant, other than the responsible party,
10   who is a party to a lease.
11      (b)   Right of landlords.--If the locks or other security
12   devices are changed or rekeyed under subsection (a), the
13   landlord may change or rekey the locks to ensure compatibility
14   with the landlord's master key or other means of access or
15   otherwise accommodate the landlord's reasonable commercial
16   needs.
17      (c)   Prohibition.--If a responsible party is a party to a
18   lease, a tenant may not change or rekey the locks or other
19   security devices under subsection (a) unless:
20            (1)   there is a court order, other than an ex parte
21      order, expressly requiring the responsible party to vacate
22      the dwelling unit or prohibiting the responsible party from
23      having contact with the tenant or an immediate family or
24      household member of the tenant who is a victim of the
25      responsible party; and
26            (2)   the tenant provides a copy of the court order under
27      paragraph (1) to the landlord.
28      (d)   Civil relief.--A responsible party shall not be entitled
29   to damages or other civil relief against a landlord or tenant
30   who complies in good faith with this section.

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 1   Section 505-C.       Prohibition on certain acts by landlords.
 2      (a)   Prohibition.--A landlord may not do any of the
 3   following:
 4            (1)   Assess a fee or penalty against a tenant or
 5      otherwise retaliate against the tenant solely for exercising
 6      a right granted under this article.
 7            (2)   Consider a tenant for any purpose, due solely to the
 8      tenant exercising a right granted under this article, to have
 9      breached the terms of the lease.
10            (3)   By reason of a tenant exercising a right granted
11      under this article, withhold return to the tenant of a
12      security deposit or other escrows to which the tenant is
13      otherwise entitled due to the tenant terminating a lease
14      under this article. The provisions of Article V shall
15      otherwise apply with regard to the retention or return of
16      escrow funds and to other sums that may be withheld by the
17      landlord. Nothing in this section shall be construed to
18      affect a tenant's liability for unpaid rent or other amounts
19      owed to the landlord before the termination of a lease under
20      this act.
21            (4)   Increase or threaten to increase the rent, security
22      deposit or fees payable under a lease, decrease or threaten
23      to decrease services required under a lease or this act,
24      terminate or threaten to terminate a lease, refuse to renew a
25      lease, serve or threaten to serve a notice to terminate a
26      periodic tenancy, bring or threaten to bring an action for
27      possession, refuse to lease a dwelling unit or impose
28      different rules or selectively enforce the landlord's rules
29      because of any of the following:
30                  (i)   A tenant or an immediate family or household

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 1            member of the tenant is or has been a victim.
 2                  (ii)    A tenant or proposed tenant has previously
 3            exercised a right granted under this article.
 4                  (iii)    Criminal activity occurred relating to an act
 5            or acts of which a tenant or an immediate family or
 6            household member of the tenant is a victim and the tenant
 7            is not a responsible party.
 8                  (iv)    Police or emergency personnel responded to a
 9            good faith complaint of activities relating to an act or
10            acts of which the tenant or an immediate family or
11            household member of the tenant is a victim and the tenant
12            is not a responsible party.
13            (5)   Disclose information reported to the landlord in a
14      notice under section 502-C to another party unless any of the
15      following apply:
16                  (i)    The tenant provides specific time-limited and
17            contemporaneous consent to the disclosure in writing.
18                  (ii)    The information is required to be disclosed by
19            a court order or any other Federal or State law.
20      (b)   Willful violation.--
21            (1)   If a landlord willfully violates this section, a
22      tenant may terminate a lease or defend an action for
23      possession on the grounds that the landlord willfully
24      violated this section or obtain appropriate injunctive
25      relief.
26            (2)   In the action under paragraph (1), the court shall
27      award the tenant an amount equal to two months' rent, or
28      double actual damages, whichever is greater.
29      Section 2.        The addition of Article V-C of the act shall
30   apply to leases entered into or extended on or after the

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1   effective date of this section.
2      Section 3.   This act shall take effect in 120 days.




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