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§ 780-152. Legislative findings

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. § 780-152
§ 780-152. Legislative findings
The General Assembly finds and declares as follows:
(1) All citizens, regardless of their income or economic status, have the right to be safe and secure in their residences. All citizens further have the right to live and raise their children in apartment complexes, neighborhoods and communities which are free from the destructive influence of drug dealers and drug-related crime and violence.
(2) Persons who commit drug distribution offenses on or in the immediate vicinity of leased residential premises or who permit or tolerate such offenses to be committed violate the rights and jeopardize the health and safety of the other tenants, residents and onsite employees of the premises.
(3) It is the policy of the Commonwealth to ensure the swift eviction and removal of persons who engage in certain drug-related criminal activity on or in the immediate vicinity of leased residential premises or who permit members of their households or guests to engage in this criminal activity on or in the vicinity of the premises.
(4) Tenants have an obligation to take actions reasonable and necessary under the circumstances to prevent the commission of drug-related criminal activity within their individual rental units and to prevent members of their household and guests from committing such criminal activity on or in the immediate vicinity of any portion of the leased residential premises.
(5) It is the policy of the Commonwealth to encourage landlords to protect the rights, safety and health of their tenants and residents by promptly commencing and fully prosecuting civil eviction and removal proceedings against those tenants and other persons who engage in drug-related criminal activity on or in the immediate vicinity of their properties.
(6) The civil causes of action and remedies authorized by this act are remedial rather than punitive in nature and are designed first and foremost to protect the rights, safety and health of law-abiding tenants, residents and onsite employees while affording due process of law to persons alleged to have allowed such criminal activity to occur on or in the immediate vicinity of leased residential premises.
(7) Except as may otherwise be expressly provided, it is the general policy of the Commonwealth to afford the same rights and privileges under this act to the tenants and residents of publicly owned, publicly assisted and privately owned premises and housing facilities.
(8) Tenants should be empowered to take legal action to protect and enforce their own rights to live in a peaceful community. Tenant organizations should have access to the courts and should, therefore, be afforded legal standing to initiate eviction for drug-related criminal activity on or in the immediate vicinity of the leased residential premises.
(9) It is the policy of the Commonwealth to ensure that the causes of action and remedies authorized by this act are heard by the courts on an expedited and priority basis so as to evict and remove as soon as practicable all persons who engage in drug-related criminal activity on or in the immediate vicinity of leased residential premises or who allow such criminal activity to occur.
(10) In addition to ensuring the swift disposition of all civil actions brought under this act, it is necessary and appropriate to ensure certain and uniform enforcement by the courts of the rights and remedies provided by this act. Such certainty, predictability and uniformity is essential to discourage persons from committing or tolerating the commission of drug-related criminal activity and thereby to protect the rights, safety and health of law-abiding tenants and residents.
(11) This act is intended to provide a legal process to ensure prompt eviction of persons who engage in specified drug-related criminal activity on or near leased residential premises or who permit others to engage in such criminal activity. This act is further intended to authorize courts to order persons other than tenants who engage in certain drug-related criminal activity to stay away from the location where the criminal activity occurred.

Credits

1995, Oct. 11, P.L. 1066, No. 23 (Spec. Sess. No. 1), § 2, effective in 60 days.
35 P.S. § 780-152, PA ST 35 P.S. § 780-152
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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