PRINTER'S NO. 2597
No. 2034 Session of 1999
INTRODUCED BY WOGAN, McGEEHAN, KENNEY, O'BRIEN, J. TAYLOR, LEDERER, PETRONE, READSHAW, ADOLPH, ALLEN, ARGALL, BENNINGHOFF, BUNT, CIVERA, CLYMER, L. I. COHEN, DEMPSEY, FICHTER, GEIST, HALUSKA, HARHAI, PIPPY, RUBLEY, SATHER, SEYFERT, STEELMAN, STERN, STEVENSON, E. Z. TAYLOR, WOJNAROSKI AND SAYLOR, NOVEMBER 8, 1999
REFERRED TO COMMITTEE ON URBAN AFFAIRS, NOVEMBER 8, 1999
AN ACT 1 Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as 2 amended, "An act to promote public health, safety, morals, 3 and welfare by declaring the necessity of creating public 4 bodies, corporate and politic, to be known as housing 5 authorities to engage in slum clearance, and to undertake 6 projects, to provide dwelling accommodations for persons of 7 low income; providing for the organization of such housing 8 authorities; defining their powers and duties; providing for 9 the exercise of such powers, including the acquisition of 10 property by purchase, gift or eminent domain, the renting and 11 selling of property, and including borrowing money, issuing 12 bonds, and other obligations, and giving security therefor; 13 prescribing the remedies of obligees of housing authorities; 14 authorizing housing authorities to enter into agreements, 15 including agreements with the United States, the 16 Commonwealth, and political subdivisions and municipalities 17 thereof; defining the application of zoning, sanitary, and 18 building laws and regulations to projects built or maintained 19 by such housing authorities; exempting the property and 20 securities of such housing authorities from taxation; and 21 imposing duties and conferring powers upon the State Planning 22 Board, and certain other State officers and departments," 23 providing for authority to deny admission and to evict, for a 24 private cause action, for tenant eviction and for landlord 25 debarment. 26 The General Assembly of the Commonwealth of Pennsylvania 27 hereby enacts as follows:
1 Section 1. The act of May 28, 1937 (P.L.955, No.265), known 2 as the Housing Authorities Law, is amended by adding sections to 3 read: 4 Section 10.1. Specific Authority to Deny Admission or to 5 Evict.--(a) If the Authority determines that anytime during the 6 five-year period immediately preceding the date of application 7 for admission, there is evidence that anyone in the household, 8 applying for admission, engaged in any--(1) drug-related; (2) 9 violent; (3) criminal; or (4) other activity, which could 10 adversely affect the health, safety or right to the peaceful 11 enjoyment of the premises leased by other residents, whether or 12 not they were found guilty, or pleaded guilty, to any offense, 13 including but not limited to: (i) An offense under the act of 14 April 14, 1972 (P.L.233, No.64), known as "The Controlled 15 Substance, Drug, Device and Cosmetic Act;" (ii) A violation of 16 the act of June 13, 1967 (P.L.31, No.21), known as the "Public 17 Welfare Code", relating to misrepresentation, fraud or perjury; 18 (iii) Any offense equivalent to any of the above-enumerated 19 offenses under current or prior laws of this Commonwealth or any 20 offense equivalent to any of the above-enumerated offenses under 21 the statutes of any other state or of the United States; the 22 Authority shall deny such applicant admission to any housing 23 program administered by the Authority including the Federal 24 Section 8 Program of the United States Housing Act of 1937, (50 25 Stat. 888, 42 U.S.C. § 1437 et seq.). 26 (b) Evidence of the following on the part of anyone in the 27 household during the above five-year period immediately 28 preceding the date of application for admission shall also 29 constitute grounds for the denial of admission--(1) history of 30 prior evictions from other rental housing; (2) damaging 19990H2034B2597 - 2 -
1 property owned by a landlord which required the forfeiture by 2 the tenant of a security deposit or a portion thereof; (3) a 3 conviction or convictions for violating noise, trash, nuisance, 4 or any municipal ordinance enacted to protect the rights of 5 neighborhood residents relative to the peaceful enjoyment of 6 their property and community; (4) any prior felony 7 convictions; (5) unhealthy living or housekeeping habits; (6) 8 any activity that adversely affected the health, safety, and 9 welfare of other residents living nearby; (7) prior nonpayment 10 of rent; or (8) breach of lease terms. 11 (c) The Authority shall initiate eviction proceedings 12 immediately against any tenant of any housing program 13 administered by the Authority if the tenant or any member of the 14 tenant's household engages in drug-related, violent, criminal or 15 other activity which adversely affects the health, safety, or 16 right to the peaceful enjoyment of the premises leased by other 17 residents described in subsection (a) or (b), at any time 18 following admission, to any housing program administered by the 19 Authority, including the Federal Section 8 Program of the United 20 States Housing Act of 1937, whether Section 8 Program is 21 project-based or tenant-based, or any similar program or 22 programs which amend, supplement, replace or succeed such 23 Section 8 Program. 24 Section 10.2. Private Cause of Action; Tenant Eviction--(a) 25 Any private person who shows that his property or person is 26 adversely affected, including his right to the peaceful 27 enjoyment of same, by the action of a tenant or a member of a 28 tenant's family leasing a rental unit in property owned by an 29 Authority governed by this act, or in property owned privately, 30 for which the Authority has an administrative responsibility as 19990H2034B2597 - 3 -
1 a result of rent subsidies provided by the Federal or State 2 government, including the Federal Section 8 Program of the 3 United States Housing Act of 1937 (50 Stat. 888, 42 U.S.C. § 4 1437 et seq.), including but not limited to the actions as 5 described in section 10.1(a) and (b)(2), (3), (5), (6) and (8) 6 may, in addition to other remedies, institute an appropriate 7 action or proceeding to have the tenant evicted from the rental 8 unit pursuant to the act of April 6, 1951 (P.L.69, No.20), known 9 as "The Landlord and Tenant Act of 1951", if the Authority fails 10 to do so as provided in section 10.1(c). 11 (b) With the exception of a City of the First and Second 12 Class, a private person affected by the aforementioned actions 13 of a tenant or member of a tenant's family, may initiate an 14 action to evict with the district justice having jurisdiction 15 for the geographic area in which the rental property is located. 16 In the case of a City of the First Class, said action shall be 17 initiated with the municipal court and in a City of the Second 18 Class with the magistrate's court. When such an action is 19 instituted by a private person, the Authority with jurisdiction 20 for the county in which said rental property is located, shall 21 be served notice that such action has been filed by the serving 22 of a copy of the complaint on the Authority by the district 23 justice or the appropriate court. 24 (c) In addition to the cause of action provided in 25 subsection (a), any private person who has evidence that any 26 tenant, or member of a tenant's family, has obtained admission 27 to rental housing in property owned by an Authority governed by 28 this act, or in property owned privately for which the Authority 29 has an administrative responsibility as a result of rent 30 subsidies provided by the Federal or State government including 19990H2034B2597 - 4 -
1 the Federal Section 8 Program of the United States Housing Act 2 of 1937, in violation of section 10.1(a) and (b) may, in 3 addition to other remedies, institute an appropriate action or 4 proceeding to have the tenant evicted from the rental unit 5 pursuant to the "Landlord and Tenant Act of 1951." 6 (d) Upon a finding by the district justice; or in a city of 7 the first class, a judge in a municipal court; or in a city of 8 the second class, a judge in magistrate's court, that the tenant 9 or a member of the tenant's family did obtain admission to 10 rental housing owned by, or administered by an Authority, in 11 violation of section 10.1(a) and (b), the appropriate district 12 justice or judge shall order that the tenant be evicted pursuant 13 to the "Landlord and Tenant Act of 1951." 14 Section 10.3. Private Cause of Action; Landlord Debarment.-- 15 (a) Any private person who shows that his property or person is 16 adversely affected, including his right to the peaceful 17 enjoyment of same, by the condition of a rental property 18 privately owned but over which an Authority governed by this act 19 has an administrative responsibility as a result of rent 20 subsidies provided by the Federal or State government, including 21 the Federal Section 8 Program of the United States Housing Act 22 of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.), in addition to 23 other remedies, may initiate an action with the district justice 24 having jurisdiction for the geographic area in which the rental 25 property is located; or in the case of a city of the first 26 class, with municipal court; or in a city of the second class, 27 with magistrate's court, to have the owner of said rental 28 property abate any violations of municipal housing, building, 29 fire code, nuisance or other similar ordinances. 30 (b) Upon conviction, the district justice or appropriate 19990H2034B2597 - 5 -
1 judge shall prescribe the same corrective actions or penalties, 2 or both, provided for in the municipal ordinance, as if the 3 complaint has been initiated by the municipality in which the 4 property is located. 5 (c) Upon conviction, said owner of the rental property shall 6 also be debarred and ineligible to contract with the Authority 7 for any housing program administered by the Authority, including 8 the Federal Section 8 Program of the United States Housing Act 9 of 1937 for a period of five years following the date of 10 conviction. 11 (d) Debarment shall not apply in any case where the landlord 12 having been found guilty initially by a district justice or in 13 the case of a city of the first class, a judge in municipal 14 court or in a city of the second class, a judge in magistrate's 15 court, has the conviction subsequently overturned on appeal. 16 Section 2. This act shall take effect in 60 days. J19L64JLW/19990H2034B2597 - 6 -