Bill Text: PA HB797 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Providing for payment options.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced - Dead) 2013-02-25 - Referred to JUDICIARY [HB797 Detail]

Download: Pennsylvania-2013-HB797-Introduced.html

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PRINTER'S NO. 908

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

797

Session of 2013

 

 

 

INTRODUCED BY PARKER, V. BROWN, COHEN, BROWNLEE, SWANGER, THOMAS, FRANKEL, KORTZ, HARKINS, MURT, FABRIZIO AND STURLA, FEBRUARY 25, 2013

 

 

REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 25, 2013

 

 

 

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 payment options.

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 106. Payment Options.--(a) (1) Except as provided
in paragraph (2), a landlord or a landlord's agent shall allow a
tenant to pay rent and deposit of security by at least one form
of payment that is neither cash nor electronic funds transfer.

(2) A landlord or a landlord's agent may demand or require
cash as the exclusive form of payment of rent or deposit of
security if the tenant has previously attempted to pay the
landlord or landlord's agent with a check drawn on insufficient
funds or the tenant has instructed the drawee to stop payment on

a check, draft or order for the payment of money. The landlord
may demand or require cash as the exclusive form of payment only
for a period not exceeding three months following an attempt to
pay with a check on insufficient funds or following a tenant's
instruction to stop payment. If the landlord chooses to demand
or require cash payment under these circumstances, the landlord
shall give the tenant a written notice stating that the payment
instrument was dishonored and informing the tenant that the
tenant shall pay in cash for a period determined by the
landlord, not to exceed three months, and attach a copy of the
dishonored instrument to the notice.

(3) Paragraph (2) does not enlarge or diminish a landlord's
or landlord's agent's legal right to terminate a tenancy.

(b) For the purposes of this section, the issuance of a
money order or a cashier's check is direct evidence only that
the instrument was issued.

(c) Nothing in this section shall be construed to prohibit
the tenant and landlord or agent to mutually agree that rent
payments may be made in cash or by electronic funds transfer, so
long as another form of payment is also authorized, subject to
the requirements of subsection (a).

(d) A waiver of the provisions of this section is contrary
to public policy and is void and unenforceable.

(e) For purposes of this section, "electronic funds
transfer" means any transfer of funds, other than a transaction
originated by check, draft or similar paper instrument, that is
initiated through an electronic terminal, telephonic instrument,
computer or magnetic tape so as to order, instruct or authorize
a financial institution to debit or credit an account.
"Electronic funds transfer" includes, but is not limited to,

point-of-sale transfers, direct deposits or withdrawals of
funds, transfers initiated by telephone, transfers via an
automated clearinghouse, transfers initiated electronically that
deliver a paper instrument and transfers authorized in advance
to recur at substantially regular intervals.

Section 2. This act shall take effect in 60 days.