PRINTER'S NO. 2427
No. 1894 Session of 1989
INTRODUCED BY THOMAS, WAMBACH, HALUSKA, COHEN, TIGUE, ROBINSON, FOX, D. F. CLARK, PISTELLA, KOSINSKI, NOYE, E. Z. TAYLOR, STABACK, CARN, BATTISTO, MAINE, HARPER, J. H. CLARK, DeLUCA, DIETTERICK, VEON, RAYMOND, JOHNSON, PESCI, TRICH, HAYDEN, BILLOW, F. TAYLOR, MELIO, R. C. WRIGHT, CIVERA AND OLIVER, SEPTEMBER 26, 1989
REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 26, 1989
AN ACT 1 Requiring a clause in public housing leases relating to eviction 2 for the sale or distribution of controlled substances. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Definitions. 6 The following words and phrases when used in this act shall 7 have the meanings given to them in this section unless the 8 context clearly indicates otherwise: 9 "Public housing." The term includes all public, subsidized 10 or low-rent housing operated by any public housing authority or 11 by any unit of State or local government or any agency, 12 authority or instrumentality thereof. 13 Section 2. Lease requirement. 14 Every lease for each unit of public housing shall contain 15 substantially the following paragraph: 16 It shall be the right of the landlord, hereby acknowledged by
1 the tenant, to immediately evict the tenant if the landlord 2 determines that the tenant or any member of his family is 3 engaged, in the housing unit, in the unlawful sale or 4 distribution of controlled substances as defined in the act of 5 April 14, 1972 (P.L.233, No.64), known as The Controlled 6 Substance, Drug, Device and Cosmetic Act. An eviction under this 7 paragraph shall be deemed an eviction necessary to protect the 8 health and safety of other public housing tenants, and shall not 9 be deemed related to the payment or nonpayment of rent or other 10 financial obligation of the tenant to the landlord. 11 Section 3. Application and construction of act. 12 (a) Application.--This act shall apply to all public housing 13 leases made or renewed on or after the effective date of this 14 act. 15 (b) Construction.--This act shall not be deemed to affect or 16 impair any existing right of any operator of public housing to 17 evict any tenant engaged in the sale or distribution of 18 controlled substances. 19 Section 4. Effective date. 20 This act shall take effect in 60 days. H21L64DGS/19890H1894B2427 - 2 -