Pennsylvania § 1531 Retaliation by landlord prohibited

Pennsylvania Statutes

§ 1531 — Retaliation by landlord prohibited

Pennsylvania·Title 66 PUBLIC UTILITIES·Part PART I·Ch. 15 SERVICE AND FACILITIES·Subch. DISCONTINUANCE OF SERVICE TO LEASED PREMISES

(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

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(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.

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Legislative History

(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.