THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON, RAFFERTY, O'PAKE, EARLL, LOGAN, WILLIAMS, BOSCOLA, STACK, COSTA, WASHINGTON AND KITCHEN, SEPTEMBER 17, 2009

REFERRED TO URBAN AFFAIRS AND HOUSING, SEPTEMBER 17, 2009  

AN ACT

Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An

act relating to the rights, obligations and liabilities of

landlord and tenant and of parties dealing with them and

amending, revising, changing and consolidating the law

relating thereto," requiring the disclosure of flood history

to lessees of residential real property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 6, 1951 (P.L.69, No.20), known

as The Landlord and Tenant Act of 1951, is amended by adding a

section to read:

Section 207.  Disclosure of Flood History.--(a)  A landlord

entering into a lease of residential real property shall

disclose to the prospective tenant the property's flood history,

including the frequency and extent of flooding, to the extent

actually known by the landlord. The landlord shall also disclose

to the prospective tenant that the tenant can determine whether

the property is located in a floodplain by contacting the

Federal Emergency Management Agency and the landlord shall

provide the address and telephone number of the nearest office

of that agency.

(b)  The disclosures required by subsection (a) may be given

in the lease agreement.

(c)  (1)  A lease of residential real property shall not be

invalidated solely because of the failure of any person to

comply with the provisions of this section. However, any

person who wilfully or negligently violates the provisions of

this section shall be liable in the amount of actual damages

suffered by the tenant as a result of the violation.

(2)  This subsection shall not be construed so as to

restrict or expand the authority of a court to impose

punitive damages or apply other remedies applicable under any

other provision of law.

(d)  As used in this section, the term "residential real

property" means a single residential dwelling unit.

Section 2.  This act shall take effect in 120 days.