Pennsylvania Utility Service Tenant's Rights Act
Utilities provide service to residents in lieu of monthly payments. Payments can be made by either the tenant of the unit or by the owner of the building who is the landlord. Situations can occur where the landlord falls behind, thereby threatening the utility service to the tenant. Should this occur, Pennsylvania has a law in place that provides a temporary solution; this law is called the Utility Service Tenant's Rights Act.
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Description
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The Utility Service Tenants Rights Act is a Pennsylvania law enacted November 26, 1978. The legislation set forth rights and responsibilities for tenants and landlords in the event of an eminent utility shut-off to a rented dwelling when the landlord is responsible for the utility payments. Utilities covered under this legislation include gas, electric, water and sewer authorities.
Function
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The function of the Utility Service Tenant's Rights Act is to allow enough advance notice to the tenant of a rental unit to stop the utility service from being disconnected to the rental unit. This legislation provides methods for the utility and tenant to interact during the dispute in order to find temporary relief.
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Regulations
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The act requires utility companies to provide 37 days notice to the landlord concerning terminating service to the rental unit. Notified landlords must then provide the names and addresses of each tenant affected by the termination to the utility so that the utility can inform the tenants. The utility company must also provide notice to each tenant affected by the termination of it's intent to shut off service within seven days after informing the landlord. Failure of the landlord to provide this information does not release the utility from contacting the tenants within the time frame allowed.
Requirements
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According to the Pennsylvania Legal Aid Network, a utility company cannot terminate service without a 30 day notice. The notice must provide the following information: the date of the notice, the date of service termination, the procedure to stop termination, the landlord's past due amount from the previous 30 days and a telephone number to the utility company. Once the tenant begins payment for the utility, payment must continue on time for utilities to remain connected during the dispute.
Rights and Responsibilities
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To keep utilities from being disconnected a tenant must pay the amount due for the previous 30 days, but the amount cannot be greater than the monthly rent. Tenants are not required to pay the full amount due by the landlord. Tenants are allowed to withhold the amount paid from the rent without recourse from the landlord; should the landlord sue for nonpayment of rent, the law allows the tenant to file a counter-suit for two months rental payment according to Community Legal Services of Philadelphia.
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References
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