Sisco v. Luppert

28 Pa. D. & C.4th 168, 1993 Pa. Dist. & Cnty. Dec. LEXIS 7
CourtPennsylvania Court of Common Pleas, Lycoming County
DecidedDecember 21, 1993
Docketno. 93-01551
StatusPublished

This text of 28 Pa. D. & C.4th 168 (Sisco v. Luppert) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lycoming County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sisco v. Luppert, 28 Pa. D. & C.4th 168, 1993 Pa. Dist. & Cnty. Dec. LEXIS 7 (Pa. Super. Ct. 1993).

Opinion

BROWN, J.,

Plaintiffs Mark Sisco and Van Thompson reside at a rooming house located at 1117 Vine Avenue in Williamsport, Pennsylvania. On or about August 23, 1993, the defendant Williamsport Municipal Water Authority terminated water service to 1117 Vine Avenue because the landlord, defendant John Bricker Jr., failed to pay the water bill for a time frame in excess of three months. The plaintiffs asked the authority to restore water service to the dwelling pursuant to the Utility Service Tenant’s Rights Act, 68 P.S. §399.1, et seq. The Water Authority denied this request contending that USTRA did not apply to 1117 Vine Avenue.

The plaintiffs filed a complaint and request for in-junctive relief on September 3, 1993. After an ex parte hearing, the court on September 3, 1993 entered an order directing the Water Authority to return water service to the property in question and a hearing on the preliminary injunction was scheduled for September 8, 1993. After conference with the court on September 8, 1993, the parties agreed that the Water Authority would continue to supply service to the property in question and that plaintiffs would pay the Water Authority a weekly amount for the amount owed by the landlord for service and that plaintiffs would credit these amounts to their apartment rent obligations. The court on September 8, 1993, also took testimony on the issue of whether the rooming house here constituted a residential building and whether plaintiffs constituted tenants as those terms are defined by USTRA. Briefing was or[170]*170dered on the involved issues and this opinion is written in response to these issues.

Both plaintiffs Mark Sisco and Van Thompson have oral leases with the landlord owner of 1117 Vine Avenue, John Bricker Jr. Defendant Barry Miller Sr. is the manager for this property and he collects rent from the tenants and residents. Both plaintiffs have oral leases with the landlord. Plaintiff Mark Sisco has lived at 1117 Vine Avenue since April 1992. Plaintiff Van Thompson has lived there since November 1991. Mark Sisco has a key to his room in the rooming house and his room has a private bath. He has been in this particular room for eight months and before this lived in another room at 1117 Vine Avenue. He switched rooms to attain the private bath. Mr. Sisco pays his rent to Barry Miller and pays a rental of $240 per month. He presently pays biweekly. Mr. Sisco has a television, a stereo and all his personal belongings in his room. Mr. Sisco supplies his own mattress for the bed which is placed upon a box spring and frame owned by the landlord. Mr. Sisco supplies some of the furniture for the room. Mr. Sisco views his room as a permanent abode.

The rooming house at 1117 Vine Avenue has six separate rooms. Mr. Sisco’s room is the only one with a private bath. The five other rooms share two bathrooms. There is a communal kitchen in the rooming house shared by all the tenants. There are mailboxes and Mr. Miller, the landlord’s agent, sometimes sorts the mail and at other times the tenants get their own mail.

Plaintiff Van Thompson has resided at 1117 Vine Avenue for over two years at the time of this opinion. He has a key to his room. He pays rent of $200 per month plus some arrears. He pays on a weekly basis. [171]*171Mr. Thompson’s driver’s license lists 1117 Vine Avenue as his address. He has a television, dresser, couch and refrigerator in his room. A bed and dresser is furnished by the landlord. Mr. Thompson uses a communal bathroom. He does not often use the communal kitchen. His lease includes electricity and heat. Mr. Thompson has his own entrance to his room, a private entrance in the rear, and he has his own mailbox.. Mr. Thompson testified that he does not want to move and he does not consider this room as a temporary residence, but rather as his permanent home.

Beside the plaintiff-tenants, other inhabitants of 1117 Vine Avenue testified at the September 8,1993 hearing. The length of the tenancies of the other residents varies from one year to six weeks. The building at 1117 Vine Avenue also has written house rules introduced into evidence as plaintiffs’ exhibit 2.1 Clearly all residents of 1117 Vine Avenue see their apartment as their home and would be homeless if unable to stay there.

Sometime around Thanksgiving 1992, the Bureau of Codes of the City of Williamsport, condemned 1117 Vine Avenue as a result of landlord Bricker’s failure to repair problems at the dwelling. The tenants, including Sisco and Thompson, worked together to avoid condemnation of the property. Their efforts were successful, and the property was not shut down.

On or about August 23, 1993 the Water Authority terminated water service to 1117 Vine Avenue because the landlord failed to pay the water bill for several [172]*172months. The tenants through their attorney, asked the Water Authority to comply with USTRA and restore water service to the dwelling. The Water Authority contended USTRA did not apply and refused. Plaintiffs’ counsel’s request to the Water Authority to comply with USTRA is contained in a letter dated August 31, 1993, and is attached to plaintiffs’ complaint as exhibit B.

On or about August 27,1993, counsel for the plaintiffs telephoned defendants Bricker and Miller to discuss turning on the water. After these telephone conversations, defendants Bricker and Miller gave eviction notices to the tenants. There is an issue of whether the landlord’s action is a retaliatory eviction but such issue is not the subject of this opinion.

DISCUSSION

The defendant Water Authority in their brief filed October 25, 1993 at p. 6 concedes that the Landlord-Tenant Act of 1951, 68 P.S. §250.101 et seq., applies to rooming houses by virtue of its broad definition of apartment to include “a room or suite of two or more rooms occupied or leased for occupation or intended or designed to be occupied as a domicile.” 68 P.S. §250. 551(2). However, the Water Authority argues that USTRA is more narrowly defined and does not apply to a rooming house such as this. We disagree.

USTRA is an act which provides tenants the right to cure a landlord rate payer’s default to a utility so that service is not terminated to a tenant. Under USTRA the utility is to give certain notices to a landlord ratepayer and affected tenants before utility service to a residential building can be terminated. The act requires a landlord who does not pay the bill within seven days of receipt of a discontinuance notice to provide the utility with the names and addresses of every affected tenant. 68 [173]*173P.S. §399.4(a). Such notice then must explain to affected tenants how they can have continued service, 68 P.S. §399.6(3). Such notice would thus allow affected tenants a mechanism to have continued service by paying an amount equal to the bill or the landlord ratepayer for the 30 day period preceding the notice to the tenants. 68 P.S. §399.7.

The protections of USTRA are afforded to all residential buildings except nursing homes, hotels and motels. In USTRA, residential buildings is defined in the following way:

“A building containing one or more dwelling units occupied by one or more tenants, but excluding nursing homes, hotels and motels.” 68 P.S. §399.2

While the Water Authority argues that a rooming house is similar to a hotel or motel there is an important distinction at least as applied to the plaintiffs in this case.

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Bluebook (online)
28 Pa. D. & C.4th 168, 1993 Pa. Dist. & Cnty. Dec. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sisco-v-luppert-pactcompllycomi-1993.