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§ 1553.3. Relocation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 24, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 18. Housing (Refs & Annos)
Housing Authorities Law (Refs & Annos)
Effective: April 24, 2019
35 P.S. § 1553.3
§ 1553.3. Relocation
Currentness
(a) A tenant who is a victim of domestic or sexual violence may request relocation under this section if the tenant expressly requests an emergency transfer and:
(1) the tenant or an affiliated individual experienced domestic or sexual violence on or near the premises within ninety (90) calendar days of the request; or
(2) the tenant reasonably believes that the tenant or an affiliated individual is threatened with imminent harm of domestic or sexual violence if the tenant or affiliated individual remains on the premises.
(b) An authority shall make a good faith effort, in consultation with a tenant seeking relocation, to reasonably relocate the tenant to a safe and suitable dwelling under the control of the authority or another authority.
(c) A tenant seeking relocation may submit to an authority a request for any of the following:
(1) Relocation from the tenant's existing dwelling unit to another dwelling unit under the control of the authority.
(2) Receipt of a housing choice voucher.
(3) Assistance with identifying other housing providers which may have safe and available dwelling units.
(4) Assistance with contacting local organizations offering assistance to victims of domestic or sexual violence.
(d) Each authority shall review and determine a request submitted under this section within five (5) business days of receipt of a completed request.
(e) If an authority finds that the tenant qualifies for relocation or related assistance under this section, the authority shall take any of the following steps, subject to availability:
(1) relocate the tenant making the request to another dwelling unit under the control of the authority or another authority;
(2) provide the tenant with a housing choice voucher;
(3) assist the tenant with identifying other housing providers which may have safe and available dwelling units; or
(4) assist the tenant with contacting local organizations offering assistance to victims of domestic or sexual violence.
(f) A tenant may establish sufficient proof of domestic or sexual violence to qualify for relocation under this section through any of the following:
(1) A current order of protection under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation) on behalf of the tenant or an affiliated individual.
(2) Police reports, medical records or court documents relating to the tenant's or an affiliated individual's victimization as a result of domestic or sexual violence.
(3) A certification of abuse as provided in subsection (g).
(4) Any other evidence of the conviction or other adjudication of guilt for domestic or sexual violence committed against the tenant or an affiliated individual.
(g) If an authority receives no conflicting information regarding domestic or sexual violence, an authority may request a tenant seeking relocation under this section to submit a certification to the authority that includes the following:
(1) The tenant's name.
(2) The address of the tenant's dwelling unit.
(3) A statement that the tenant or an affiliated individual is a victim of domestic or sexual violence.
(4) A statement of the incident of domestic or sexual violence.
(5) If known and safe to provide, the name of the perpetrator who committed the domestic or sexual violence.
(6) The proposed date for the termination of the lease or the release of the tenant from the lease.
(h) If an authority receives conflicting information regarding domestic or sexual violence, an authority may request a written verification signed by an attesting third party that includes the following:
(1) The tenant's name.
(2) The address of the tenant's dwelling unit.
(3) The approximate dates during which the domestic or sexual violence occurred, including the most recent date.
(4) The name, address and telephone number of the attesting third party. The authority may waive the inclusion of any part of this information it determines would unreasonably risk the safety of the tenant or an affiliated individual.
(5) The capacity in which the attesting third party received the information regarding the domestic or sexual violence.
(6) A statement that the attesting third party:
(i) has been advised by the tenant or an affiliated individual that the tenant or an affiliated individual is a victim of domestic or sexual violence;
(ii) considers the tenant's certification to be credible;
(iii) understands that the verification may be used as the basis for releasing the tenant from a lease; and
(iv) understands that the statement may be used in court in proceedings related to this section.
(i) If the domestic or sexual violence did not occur on the premises within ninety (90) calendar days of the date of the request for relocation, documentation under this section submitted by a tenant must include a statement that the tenant reasonably believes the tenant or an affiliated individual is threatened with imminent harm from further domestic or sexual violence if not relocated from the current dwelling unit.
(j) Statements made within a tenant's certification or an attesting third party's verification may be used in court in proceedings related to this section and shall be made under penalty of perjury.
(k) The following shall apply regarding confidentiality and permitted disclosure:
(1) All information submitted to an authority by a tenant seeking relocation under this section shall be confidential and shall not be subject to disclosure except as ordered by a court of competent jurisdiction or otherwise provided in this section.
(2) An authority may disclose the new address of a relocated tenant only to the extent the tenant provides specific time-limited consent to the disclosure in writing.
(3) An authority may not allow an employe or agent of the authority to access confidential information under this section unless explicitly authorized by the authority for reasons that specifically call for the employe or agent to access the confidential information under applicable Federal or State law.
(l) If a tenant complies with this section, an authority may not assess a fee or other penalty against the tenant solely for exercising a right granted under this this section or other law.
(m) A tenant may seek to enforce the tenant's rights under this section using an available remedy provided by Federal or State law.
(n) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Affiliated individual.” As defined by 34 U.S.C. § 12491(a)(1) (relating to housing protections for victims of domestic violence, dating violence, sexual assault, and stalking).
“Attesting third party.” Any of the following:
(1) A law enforcement official.
(2) A licensed health care professional.
(3) A victim advocate as defined by 34 U.S.C. § 12291(a)(41) (relating to definitions and grant provisions).
(4) A victim assistant as defined by 34 U.S.C. § 12291(a)(42).
(5) A victim service provider as defined by 34 U.S.C. § 12291(a)(43) or a provider of victim services as defined by 34 U.S.C. § 12291(a)(44).
“Completed request.” A request including or supplemented with information which the authority requires to determine the tenant's eligibility for relocation assistance under this section.
“Domestic or sexual violence.” Any of the following:
(1) Conduct against a family or household member that constitutes an offense under any of the following:
(i) 18 Pa.C.S. § 2504 (relating to involuntary manslaughter).
(ii) 18 Pa.C.S. § 2701 (relating to simple assault).
(iii) 18 Pa.C.S. § 2702(a)(3), (4) or (5) (relating to aggravated assault).
(iv) 18 Pa.C.S. § 2705 (relating to recklessly endangering another person).
(v) 18 Pa.C.S. § 2706 (relating to terroristic threats).
(vi) 18 Pa.C.S. § 2709.1 (relating to stalking).
(vii) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
For the purpose of this paragraph, the term “family or household member” shall have the same meaning as in 23 Pa.C.S. § 6102 (relating to definitions).
(2) Conduct that constitutes abuse as defined in 23 Pa.C.S. § 6102.
(3) Conduct that constitutes sexual violence as defined in 42 Pa.C.S. § 62A03 (relating to definitions).
(4) Dating violence, as defined in section 1553(f) of the act of March 10, 1949 (P.L. 30, No. 14),1 known as the Public School Code of 1949.
“Premises.” A dwelling and the structure of which it is a part. The term includes the exterior or interior areas:
(1) associated with the structure that are excluded from the dwelling unit, including the fixtures, facilities and appurtenances; and
(2) held out for the use of tenants generally or the use of which is promised to the tenants.

Credits

1937, May 28, P.L. 955, § 13.3, added 2018, Oct. 24, P.L. 914, No. 148, § 2, effective in six months [April 24, 2019].

Footnotes

1
24 P.S. § 15-1553.
35 P.S. § 1553.3, PA ST 35 P.S. § 1553.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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