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§ 780-157. Affirmative defense or exemption to a complete eviction

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. § 780-157
§ 780-157. Affirmative defense or exemption to a complete eviction
Currentness
(a) Affirmative defense.--The court may refrain from ordering the complete eviction of a tenant under section 6(a), if the tenant has established that the tenant was not involved in the drug-related criminal activity and that the tenant:
(1) did not know or have reason to know that drug-related criminal activity was occurring on or within the individual rental unit, that the individual rental unit was used in any way in furtherance of or to promote drug-related criminal activity or that any member of the tenant's household or any guest has engaged in drug-related criminal activity on or in the immediate vicinity of any portion of the leased residential premises;
(2) had done everything that could reasonably be expected in the circumstances to prevent the commission of the drug-related criminal activity; or
(3) had promptly reported the drug-related criminal activity to appropriate law enforcement authorities.
(b) Exemption.--If the grounds for a complete eviction have been established, the court shall order the eviction of the tenant unless, having regard to the circumstances of the criminal activity and the condition of the tenant, the court is clearly convinced that immediate eviction or removal would effect a serious injustice the prevention of which overrides the need to protect the rights, safety and health of the other tenants and residents of the leased residential premises.
(c) Burden of proof.--The burden of proof for the affirmative defense set forth in subsection (a) shall be by a preponderance of the evidence. The burden of proof for the exemption set forth in subsection (b) shall be by clear and convincing evidence.

Credits

1995, Oct. 11, P.L. 1066, No. 23 (Spec. Sess. No. 1), § 7, effective in 60 days.
35 P.S. § 780-157, PA ST 35 P.S. § 780-157
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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