PRINTER'S NO. 2427

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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.







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