PRINTER'S NO. 2868
No. 2194 Session of 2000
INTRODUCED BY DALLY, THOMAS, TIGUE, CORRIGAN, GRUCELA, FREEMAN,
TRELLO AND HENNESSEY, JANUARY 26, 2000
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 26, 2000
AN ACT
1 Amending the act of November 26, 1978 (P.L.1255, No.299),
2 entitled "An act providing for notice and the right to cure
3 landlord's default to avoid the termination of utility
4 service to tenants," further providing for definitions and
5 expanding the definition of "tenant" to include certain
6 persons who lease commercial buildings, for notices before
7 service to landlord ratepayer discontinued, for identifying
8 tenants, for delivery and contents of first discontinuance
9 notice to tenants and for rights of tenants to continued
10 service.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 2 of the act of November 26, 1978
14 (P.L.1255, No.299), known as the Utility Service Tenants Rights
15 Act, is amended to read:
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
18 have, unless the context clearly indicates otherwise, the
19 meanings given to them in this section:
20 "Commercial building." A building containing one or more
21 lease spaces intended for business or industrial purposes or
1 uses.
2 "Landlord ratepayer." One or more individuals or an
3 organization listed on a gas, electric, steam or water utility's
4 records as the party responsible for payment of the gas,
5 electric, steam or water service provided to one or more
6 residential units of a residential building or mobile home park
7 or commercial unit of a commercial building of which building or
8 mobile home park such party is not the sole occupant.
9 "Mobile home." A transportable, single-family dwelling unit
10 intended for permanent occupancy and constructed as a single
11 unit, or as two or more units designed to be joined into one
12 integral unit capable of again being separated for repeated
13 towing, which arrives at a site complete and ready for occupancy
14 except for minor and incidental unpacking and assembly
15 operations and constructed so that it may be used without a
16 permanent foundation.
17 "Mobile home park." Any site, lot, field or tract of land,
18 privately or publicly owned or operated, upon which three or
19 more mobile homes, occupied for dwelling or sleeping purposes,
20 are or are intended to be located.
21 "Municipal corporation." All cities, boroughs, towns,
22 townships, or counties of this Commonwealth, and also any public
23 corporation, authority, or body whatsoever created or organized
24 under any law of this Commonwealth.
25 "Public utility." A municipal corporation now or hereafter
26 owning or operating within its corporate boundaries equipment or
27 facilities for:
28 (1) Producing, generating, transmitting, distributing or
29 furnishing natural or artificial gas, electricity, or steam
30 for the production of light, heat, or power to or for the
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1 public for compensation.
2 (2) Diverting, developing, pumping, impounding,
3 distributing, or furnishing water to or for the public for
4 compensation.
5 "Residential building." A building containing one or more
6 dwelling units occupied by one or more tenants, but excluding
7 nursing homes, hotels and motels.
8 "Tenant." Either of the following:
9 (1) Any person or group of persons whose dwelling unit
10 in a residential building or mobile home park is provided
11 gas, electricity, steam or water, pursuant to a rental
12 arrangement for such dwelling unit, mobile home or plot of
13 ground within a mobile home park, but who is not the
14 ratepayer of the company which supplied such gas,
15 electricity, steam or water.
16 (2) Any person, corporation, partnership or other
17 business entity which occupies space in a commercial building
18 and which is provided water, pursuant to a rental arrangement
19 for such space but who is not the ratepayer of the company
20 which supplied such water.
21 Section 2. Section 3 of the act, repealed in part October 5,
22 1980 (P.L.693, No.142), is amended to read:
23 Section 3. Notices before service to landlord ratepayer
24 discontinued.
25 (a) Except when required to prevent or alleviate an
26 emergency or except in the case of danger to life or property,
27 before any discontinuance of service within the utility's
28 corporate limits, to a landlord ratepayer for nonpayment a
29 public utility shall:
30 (1) Notify the landlord ratepayer of the proposed
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1 discontinuance in writing as prescribed in section 5 at least
2 37 days before the date of discontinuance of service.
3 (2) Notify the following agencies which serve the
4 community in which the affected premises are located in
5 writing at the time of delivery of notice to the tenants of
6 the proposed discontinuance of service:
7 (i) the Department of Licenses and Inspections of
8 any city of the first class;
9 (ii) the Department of Public Safety of any city of
10 the second class, second class A, or third class; and
11 (iii) the city or county Public Health Department or
12 in the event that such a department does not exist, the
13 Department of Health office responsible for that county.
14 (3) Notify each residential unit or commercial unit
15 reasonably likely to be occupied by an affected tenant of the
16 proposed discontinuance in writing as prescribed in section 6
17 at least seven days after notice to the landlord ratepayer
18 pursuant to this section, and at least 30 days before any
19 such discontinuance of service. However, if within seven days
20 of receipt of the notice issued pursuant to this section, the
21 landlord ratepayer files a petition with the court disputing
22 the right of the utility to discontinue service, such notice
23 shall not be rendered until such petition has been
24 adjudicated by the court.
25 (b) Before any discontinuance of service by a public utility
26 to a landlord ratepayer due to a request for voluntary
27 relinquishment of service by the landlord ratepayer:
28 (1) the landlord ratepayer shall state in a form bearing
29 his notarized signature that all of the affected dwelling
30 units or commercial units are either unoccupied or the
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1 tenants affected by the proposed discontinuance have
2 consented in writing to the proposed discontinuance, which
3 form shall conspicuously bear a notice that false statements
4 are punishable criminally;
5 (2) all of the tenants affected by the proposed
6 discontinuance shall inform the utility orally or in writing
7 of their consent to the discontinuance; or
8 (3) the landlord ratepayer shall provide the utility
9 with the names and addresses of the affected tenants pursuant
10 to section 4 and the utility shall notify the community
11 service agencies and each residential unit or commercial unit
12 pursuant to sections 3 and 6. Under the voluntary
13 relinquishment discontinuance procedures of this subparagraph
14 the tenants shall have all of the rights provided in sections
15 7 through 11.
16 Section 3. Sections 4, 6 and 7(b) of the act are amended to
17 read:
18 Section 4. Identifying tenants.
19 (a) Upon receiving a lawful request for the names and
20 addresses of the affected tenants pursuant to this act, it shall
21 be the duty of the landlord ratepayer to provide the utility
22 with the names and addresses of every affected tenant of any
23 residential building or mobile home park or commercial building
24 for which the utility is proposing to discontinue service unless
25 within seven days of receipt of the notice, the landlord
26 ratepayer pays the amount due the utility or makes an
27 arrangement with the utility to pay the balance.
28 (b) Such information shall be provided by the landlord
29 ratepayer:
30 (1) within seven days of receipt of the notice to the
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1 landlord ratepayer required by section 3; or
2 (2) within three days of any adjudication by a court
3 having jurisdiction that the landlord ratepayer must provide
4 the requested information if the landlord files a petition
5 with the court within seven days of receipt of the notice to
6 the landlord disputing the right of the utility to
7 discontinue service.
8 (c) It shall be the duty of any public utility to pursue any
9 appropriate legal remedy it has, necessary to obtain from the
10 landlord ratepayer, the names and addresses of all affected
11 tenants of a building or mobile home park or commercial building
12 for which the utility is proposing discontinuance of service to
13 such landlord ratepayer.
14 Section 6. Delivery and contents of first discontinuance notice
15 to tenants.
16 The notice required to be given to a tenant pursuant to
17 section 3 shall be mailed or otherwise delivered to the address
18 of each affected tenant, and shall contain the following
19 information:
20 (1) the date on which the notice is rendered;
21 (2) the date on or after which service will be
22 discontinued;
23 (3) the circumstances under which service to the
24 affected tenant may be continued, specifically referring to
25 the conditions set out in section 7;
26 (4) the bill for the 30-day period preceding the notice
27 to the tenants;
28 (5) the statutory rights of a tenant to deduct the
29 amount of any direct payment to the utility from any rent
30 payments then or thereafter due; to be protected against any
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1 retaliation by the landlord for exercising such statutory
2 right; to recover money damages from the landlord for any
3 such retaliation;
4 (6) that tenants may make payment to the utility on
5 account of nonpayment by the landlord ratepayer only by check
6 or money order drawn by the tenant to the order of the
7 utility; and
8 (7) a telephone number at the utility which a tenant may
9 call for an explanation of his rights.
10 The information in paragraphs (1) through (7) shall be posted
11 by the utility in those common areas of the residential building
12 or mobile home park or commercial building where it is
13 reasonably likely to be seen by the affected tenants. Any
14 officer or employee of the utility may at any reasonable time,
15 enter the common hallways and common areas of such building for
16 the purpose of complying with the provisions of this section.
17 Section 7. Rights of tenants to continued service.
18 * * *
19 (b) Any tenant of a residential building or mobile home park
20 or commercial building who has been notified of a proposed
21 discontinuance of utility service pursuant to section 3 shall
22 have the right to agree to subscribe for future service
23 individually if this can be accomplished without a major
24 revision of distribution facilities or additional right-of-way
25 acquisitions.
26 Section 4. This act shall take effect in 60 days.
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