PRINTER'S NO. 1508

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1363

Session of

2023

INTRODUCED BY HEFFLEY AND KUTZ, JUNE 9, 2023

REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,

JUNE 9, 2023

Section 1. Title 68 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

Subpart

A. Residential Leases

SUBPART A

Chapter

91. Short-Term Rentals

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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:

"Short-term rental." A residential property or multifamily

property offered for rent to a transient individual 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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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;

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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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

at a rate not to exceed $1,000 per day that the property owner

fails to comply.

§ 9107. Third-party listing platform liability.

(a) General rule.--If a court finds that a property owner or

rental operator has willingly, knowingly or negligently allowed

or abetted a repeated violation of law or ordinance applicable

to the real property or short-term rental, the court may order

that the real property or short-term rental be removed from

third-party listing platforms.

(b) Cause of action.--If a court order is issued under

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action in a court of proper jurisdiction to correct or abate the

noncompliance.

Section 2. This act shall take effect in 60 days.

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