Bill Text: PA HB415 | 2011-2012 | Regular Session | Amended

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Bill Title: In senior citizen property tax and rent rebate assistance, prohibiting certain use of rent rebates.

Spectrum: Strong Partisan Bill (Democrat 21-2)

Status: (Introduced - Dead) 2011-12-19 - Laid on the table [HB415 Detail]

Download: Pennsylvania-2011-HB415-Amended.html

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PRIOR PRINTER'S NO. 381 PRINTER'S NO. 2695
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 415 Session of2011
INTRODUCED BY WAGNER, K. BOYLE, CALTAGIRONE, D. COSTA, DAVIS, FABRIZIO, GOODMAN, KULA, LONGIETTI, MANN, MATZIE, MULLERY, MUNDY, MURPHY, M. O'BRIEN, PYLE, READSHAW, K. SMITH, STURLA, SWANGER, YOUNGBLOOD AND DAVIDSON, FEBRUARY 3, 2011
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 2, 2011
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," adding a prohibition relating to assigning
rent rebates.
Amending the act of June 27, 2006 (1st Sp.Sess., P.L.1873, <--
No.1), entitled "An act providing for taxation by school
districts, for the State funds formula, for tax relief in
first class cities, for school district choice and voter
participation, for other school district options and for a
task force on school cost reduction; making an appropriation;
prohibiting prior authorized taxation; providing for
installment payment of taxes; restricting the power of
certain school districts to levy, assess and collect taxes;
and making related repeals," in senior citizen property tax
and rent rebate assistance, prohibiting certain use of rent
rebates.
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 203.1. Assignment of Rebate Prohibited.--A landlord
and tenant shall not enter into a lease or agreement to assign
or pay any portion of any rebate payable under Chapter 13 of the
act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as
the Taxpayer Relief Act, to which the tenant may be entitled, to
the landlord or to the landlord's assignee or representatives.
Section 1. The act of June 27, 2006 (1st Sp.Sess., P.L.1873, <--
No.1), known as the Taxpayer Relief Act, is amended by adding a
section to read:
Section 1314. Unlawful use of rent rebates.
(a) General rule.--It shall be unlawful for a landlord and
tenant to enter into a lease or agreement to assign or pay any
portion of any rent rebate in lieu of property taxes to which
the tenant may be entitled to the landlord or to the landlord's
assignee or representative.
(b) Penalties.--A landlord who violates this section shall:
(1) Fully reimburse the tenant of any portion of a
payment that was assigned or otherwise used as payment by the
tenant to the landlord in violation of this section.
(2) Pay to the department a penalty equal to 25% of the
total amount of the payment to which the tenant was entitled.
The penalty shall bear interest at the rate of 1.5% per month
from the date the payment was assigned or otherwise used as
payment by the tenant until the penalty is paid in full to
the department.
(c) Enforcement.--The Attorney General shall enforce the
provisions of this section.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Landlord." An owner of real property who leases property to
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a tenant under a lease agreement.
"Tenant." A person who has a possessory interest in real
property under a lease or by law.
Section 2. This act shall take effect in 60 days.
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