Bill Text: PA HB593 | 2013-2014 | Regular Session | Introduced
Bill Title: Requiring landlords to grant medical access; providing for termination of residential leases for terminal or mental illness; and making an inconsistent repeal.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-02-08 - Referred to CONSUMER AFFAIRS [HB593 Detail]
Download: Pennsylvania-2013-HB593-Introduced.html
| PRINTER'S NO. 655 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 593 | Session of 2013 |
INTRODUCED BY BISHOP, CALTAGIRONE, COHEN AND THOMAS, FEBRUARY 8, 2013
REFERRED TO COMMITEE ON CONSUMER AFFAIRS, FEBRUARY 8, 2013
AN ACT
1Requiring landlords to grant medical access; providing for
2termination of residential leases for terminal or mental
3illness; and making an inconsistent repeal.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Short title.
7This act shall be known and may be cited as the Residential
8Lease Protection for Illness Act.
9Section 2. Definitions.
10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:
13"Certified illness." Terminal or mental illness certified by
14a licensed physician.
15"Continuing treatment." Either treatment on two or more
16occasions or treatment on at least one occasion resulting in a
17regimen of continuing treatment.
18"Dwelling." A unit for residential use and occupancy and the
1structure of which it is a part.
2"Landlord." Any of the following:
3(1) The owner, lessor or sublessor of residential
4premises.
5(2) The agent of the owner, lessor or sublessor under
6paragraph (1).
7(3) Any person authorized by the owner, lessor or
8sublessor under paragraph (1) to manage the premises or to
9receive rent from a tenant under a rental agreement.
10"Mental illness." A condition certified by a licensed
11psychiatrist that renders a person unable to perform job duties
12and unable to adjust to other work due to a mental condition
13which requires continuing treatment by a health care provider.
14"Person." Natural persons, copartnerships, associations,
15private and public corporations, the Commonwealth and any of its
16political subdivisions and agencies.
17"Tenant." A person entitled under a rental agreement to the
18use and occupancy of residential premises to the exclusion of
19others.
20Section 3. Scope.
21This act shall apply to residential leases.
22Section 4. Access by authorized persons.
23(a) Provision of access.--A landlord shall provide access to
24the tenant's dwelling by a person designated in any of the
25following manners:
26(1) Under a durable power of attorney.
27(2) By an attorney-in-fact.
28(3) By the tenant or appointed guardian of the tenant.
29(b) Certification.--The designation or appointment under
30subsection (a) shall be accompanied by a certification of the
1tenant's illness signed by a licensed physician.
2Section 5. Termination.
3(a) General rule.--A tenant with a certified illness may
4terminate a residential lease upon 30 days' written notice given
5by the tenant, an authorized agent of the tenant under a durable
6power of attorney or a court-appointed guardian. The written
7notice must contain the physician's certification. The
8provisions of this subsection may only be invoked if the tenant
9did not know or have reason to know about the illness at the
10time the tenant entered into the lease.
11(b) Applicability.--This section shall apply to residential
12leases entered into or renewed on or after the effective date of
13this section.
14Section 6. Repeal.
15The act of April 6, 1951 (P.L.69, No.20), known as The
16Landlord and Tenant Act of 1951, is repealed insofar as it is
17inconsistent with this act.
18Section 7. Effective date.
19This act shall take effect in 60 days.
