HB344: In creation of leases, statute of frauds and mortgaging of leaseholds, providing for parking…

3169 PRIOR PRINTER'S NO. 299 PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL 344 Session of No. 2025 INTRODUCED BY GREEN, GIRAL, HOWARD, SANCHEZ, HILL-EVANS, CIRESI AND KENYATTA, JANUARY 27, 2025 AS REPORTED FROM COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 13, 2026 AN ACT 1 Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An 2 act relating to the rights, obligations and liabilities of 3 landlord and tenant and of parties dealing with them and 4 amending, revising, changing and consolidating the law 5 relating thereto," in creation of leases, statute of frauds 6 and mortgaging of leaseholds, providing for parking 7 provisions in lease. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. The act of April 6, 1951 (P.L.69, No.20), known 11 as The Landlord and Tenant Act of 1951, is amended by adding a 12 section to read: 13 Section 207. Parking Provisions in Lease.--(a) (1) A 14 landlord shall state in a lease whether parking is provided for 15 a tenant. If the landlord provides parking to the tenant, the 16 landlord shall state in the lease whether the tenant is required 17 to pay a fee for the provision of parking and, if so, the amount 18 of the fee . A LANDLORD'S FAILURE TO DISCLOSE THAT PARKING I S <-- 19 PROVIDED AS SPECIFIED UNDER THIS PARAGRAPH SHALL CONSTITUTE A 20 DISCLOSURE THAT THE LANDLORD DOES NOT PROVIDE PARKING.

1 (2) A landlord may not change or add a fee associated with 2 the provision of parking for the duration of a lease with a 3 tenan t . EXCEP T WHEN PARKING AVAILABILITY CHANGES OR A CHANG E <-- 4 OCCURS IN A PASSTHROUGH PARKING FEE CHARGED BY A THIRD-PARTY 5 PARKING PROVIDE R . 6 (b) A tenant may file a complaint with a lower court if a 7 violation of subsection (a) occurs. 8 (c) If the lower court determines that a landlord violated 9 subsection (a), the landlord shall be required to pay parking 10 costs incurred by the tenant for the duration of the lease, as 11 determined by the lower court. 12 (d) As used in this section, the term "lower court" shall 13 mean a district justice, magistrate or any other court having 14 jurisdiction over landlord and tenant matters. The term does not 15 include a court of common pleas. 16 Section 2. This act shall take effect in 60 days. 20250HB0344PN3169 - 2 -