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§ 780-156. Remedies and judicial orders

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6A. Expedited Eviction of Drug Traffickers Act (Refs & Annos)
35 P.S. § 780-156
§ 780-156. Remedies and judicial orders
(a) Grounds for complete eviction.--Subject to the provisions of sections 7 and 25, the court shall order the immediate eviction, as set forth in sections 12(b) and 14, of a tenant if it finds any of the following:
(1) Drug-related criminal activity has occurred on or within the individual rental unit leased to the tenant.
(2) The individual rental unit leased to the tenant was used in any way in furtherance of or to promote drug-related criminal activity.
(3) The tenant, any member of the tenant's household or any guest has engaged in drug-related criminal activity on or in the immediate vicinity of the leased residential premises.
(4) The tenant, with knowledge that a person has been removed and barred from the leased residential premises under this act, has given permission to or invited a person to return or reenter any portion of the leased residential premises.
(5) The tenant has failed to notify law enforcement or public housing authorities immediately upon learning that a person who has been removed and barred from the tenant's individual rental unit under this act has returned to or reentered the tenant's individual rental unit.
(b) Grounds for partial eviction and issuance of removal orders.--The court shall, subject to the provisions of sections 7(b) and 25, order the immediate removal from the leased residential premises of any person other than the tenant, including, but not limited to, an adult or minor member of the tenant's household, if the court finds that the person has engaged in drug-related criminal activity on or in the immediate vicinity of the leased residential premises. Persons removed under this section shall be barred from returning to or re-entering any portion of the leased residential premises.
(c) Removal orders directed against the tenant.--If the court finds that a tenant, resident or guest has engaged in drug-related criminal activity on or in the immediate vicinity of the leased residential premises and if the person has not been named as a defendant, has not appeared in the action and has not been subjected to the jurisdiction of the court, a removal order issued under subsection (b) shall be directed against the tenant and shall provide that as an express condition of the tenancy, the tenant shall not give permission to or invite the barred person to return to or reenter any portion of the leased residential premises. The tenant shall acknowledge in writing that the tenant understands the terms of the court's order and that the tenant understands that the failure to comply with the court's order will result in the mandatory termination of the tenancy under section 12.

Credits

1995, Oct. 11, P.L. 1066, No. 23 (Spec. Sess. No. 1), § 6, effective in 60 days.
35 P.S. § 780-156, PA ST 35 P.S. § 780-156
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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