(a) General rule.--It is unlawful for any landlord ratepayer or agent or employee thereof to threaten or take reprisals against a tenant because the tenant exercised his rights under section 1527 (relating to right of tenants to continued service) or section 1529 (relating to right of tenant to recover payments).
(b) Liability of landlord for damages.--Any landlord ratepayer or agent or employee thereof who threatens or takes such reprisals against any tenant shall be liable for damages which shall be two months rent or the actual damages sustained by the tenant, whichever is greater, and the costs of suit and reasonable attorneys' fees.
(c) Presumption of retaliation.--The receipt of any notice of termination of tenancy, an increase in rent or of any substantial alteration in the terms of tenancy within six months after the tenant has acted pursuant to section 1527 or 1529 to avoid termination of utility service shall create a rebuttable presumption that the notice is a reprisal against the tenant for exercising his rights under section 1527 or 1529. However, the presumption shall not arise if the notice of termination of tenancy is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law.
(July 2, 1993, P.L.379, No.54, eff. 60 days)
1993 Amendment. Act 54 amended subsec. (c).
Cross References. Section 1531 is referred to in sections 1523, 1525 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 15 - Service and Facilities
Section 1501 - Character of service and facilities
Section 1501.1 - Certain utilities prohibited from using foreign coal
Section 1502 - Discrimination in service
Section 1503 - Discontinuance of service
Section 1504 - Standards of service and facilities
Section 1506 - Copies of service contracts, etc., to be filed with commission
Section 1507 - Testing of appliances for measurement of service
Section 1508 - Reports of accidents
Section 1509 - Billing procedures
Section 1510 - Ownership and maintenance of natural and artificial gas service lines
Section 1511 - Electricity supplied to certain organizations
Section 1512 - Emergency response plans
Section 1522 - Applicability of subchapter
Section 1523 - Notices before service to landlord terminated
Section 1524 - Request to landlord to identify tenants
Section 1525 - Delivery and contents of termination notice to landlord
Section 1526 - Delivery and contents of first termination notice to tenants
Section 1527 - Right of tenants to continued service
Section 1528 - Delivery and contents of subsequent termination notice to tenants
Section 1529 - Right of tenant to recover payments
Section 1529.1 - Duty of owners of rental property
Section 1530 - Waiver of subchapter prohibited