THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DEAN, COHEN, THOMAS, GEORGE, BISHOP, KORTZ, JOSEPHS, M. O'BRIEN AND PARKER, OCTOBER 17, 2012

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012  

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," providing for early termination of leases

by individuals with disabilities and senior citizens.

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 514.  Early Termination of Leases by Individuals with

Disabilities and Senior Citizens.--(a)  Notwithstanding any

other provision of this act or law, a tenant of a residential

unit who:

(1)  has a disability or is a senior citizen; and

(2)  is either:

(i)  awaiting admission and subsequently moves to a health

care facility; or

(ii)  needs to move and subsequently moves to a family

member's residence for the express purpose of receiving care

from a home health care agency for a period of no less than six

months

may terminate the lease prior to the date provided in the lease

by providing the landlord of the residential unit with the

information specified in subsection (b).

(b)  The following information must be submitted to a

landlord:

(1)  written notice delivered to the landlord informing the

landlord of the tenant's required admission and move to a health

care facility or need to move to a family member's residence for

the express purpose of receiving care from a home health care

agency for a period of no less than six months;

(2)  certified documentation signed by a licensed physician

indicating that the tenant, due to medical reasons, is unable to

continue to live independently in the residential unit and

requires admission to a health care facility or needs to receive

care from a home health care agency for a period of no less than

six months; and

(3)  if applicable, a notarized statement from the tenant's

family member attesting to the fact that the tenant is a

relative and will be moving into the family member's residence

to receive care from a home health care agency for a period of

no less than six months.

(c)  Nothing under this section shall be construed to relieve

a tenant to which this section applies of liability for rent or

any other debt incurred under a lease prior to the termination

date provided in the lease.

(d)  For the purposes of this section, the following words

shall have the meanings ascribed to them in this subsection

unless the context otherwise indicates:

"Disability."  A physical or mental impairment that

substantially limits one or more major life activities.

"Health care facility."  Any general, chronic disease or

other type of hospital, personal care home, home health care

agency, hospice or long-term care nursing facility.

"Senior citizen."  Any person who has attained the age of 62

years of age or older, or will attain such age during the term

of an agreement in which the person is a tenant of a residential

unit.

Section 2.  The provisions of this act shall only apply to

leases entered into or extended on or after the effective date

of this section.

Section 3.  This act shall take effect immediately.