PRINTER'S NO. 305
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 330
Session of
2021
INTRODUCED BY MADDEN, SCHLOSSBERG, CIRESI, DALEY, DAVIDSON,
A. DAVIS, FIEDLER, FREEMAN, GALLOWAY, GUZMAN, HANBIDGE, HILL-
EVANS, HOHENSTEIN, INNAMORATO, KENYATTA, KINKEAD, LEE,
MALAGARI, O'MARA, SANCHEZ AND WEBSTER, JANUARY 29, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 2021
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, in organization and
3 jurisdiction of courts of common pleas, further providing for
4 housing courts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 917 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding subsections to read:
9 § 917. Housing courts.
10 * * *
11 (e) Eviction diversion mediation program.--
12 (1) The court of common pleas of a judicial district may
13 include within a housing court established under this section
14 a residential eviction diversion program that provides for a
15 conciliation conference between a landlord and tenant to
16 mediate an agreement to address any asserted residential
17 lease violation and to stabilize the tenancy.
18 (2) A designated housing mediator shall conduct the
 1 conciliation conference. Designated housing mediators shall
2 be appointed by the president judge of the court of common
3 pleas or an authorized committee. No fewer than two housing
4 mediators shall be appointed within the judicial district.
5 (3) A housing mediator must:
6 (i) Be knowledgeable in the requirements of this
7 subsection, the maintenance, repair and rehabilitation of
8 dwelling units, including minimum housing code
9 requirements and the Federal, State and municipal laws,
10 ordinances, rules and regulations pertaining to these
11 matters, and must be knowledgeable in the methods of
12 serving as a neutral mediator.
13 (ii) Have knowledge necessary to advise parties
14 regarding the type of funds and services available to
15 assist owners, landlords and tenants in the financing of
16 resolutions to housing problems.
17 (4) A housing mediator shall advise parties in locating
18 possible sources of financial assistance necessary to resolve
19 the issues between the parties and shall exercise other
20 powers and perform other duties as the president judge may
21 prescribe.
22 (5) A housing mediator shall conduct an initial
23 screening and evaluation of all contested housing matters
24 eligible for placement on the housing court docket.
25 (6) A housing mediator may conduct investigations of
26 matters, including interviews with the parties, and may
27 recommend settlements.
28 (7) A conciliation conference shall take place prior to
29 the landlord filing a complaint for eviction with the proper
30 court, unless a conciliation conference cannot be scheduled
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 1 within the time frame provided in this subsection. If through
2 the mediation, the landlord and tenant enter into a written
3 settlement agreement, no hearing shall be required and the
4 agreement shall be enforceable by the court.
5 (8) A housing mediator shall engage with the tenant and
6 landlord prior to the conciliation conference to learn the
7 circumstances of both parties, educate the parties and
8 discuss available resources.
9 (9) Beginning with the date the program is implemented,
10 no landlord may take action to recover possession of a
11 residential property occupied by a tenant, other than
12 providing a notice required under this section, without first
13 participating in a conciliation conference in the residential
14 eviction diversion mediation program, unless one of the
15 following requirements is met:
16 (i) Eviction is necessary to cease or prevent an
17 imminent and direct threat of harm by the person being
18 evicted, including physical harm or harassment.
19 (ii) The landlord has:
20 (A) provided the affected tenants notice of the
21 tenants' rights under this section and how to
22 exercise the rights; and
23 (B) contacted the eviction diversion program to
24 schedule a conciliation conference.
25 (10) If the program is unable to offer a date for a
26 conciliation conference within 30 days of the landlord's
27 initial request to schedule the conciliation conference, the
28 landlord shall participate in a conciliation conference when
29 a date and time for one becomes available, if prior to an
30 eviction judgment being issued.
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 1 (11) Prior to filing a complaint for eviction with the
2 court, the landlord shall provide written notice to the
3 tenant of the landlord's intent to file the complaint and the
4 tenant's right to a mediation session prior to the court
5 filing. The notice shall include the contact information for
6 the mediation program in order that the tenant may request a
7 conciliation session.
8 (12) The failure of the landlord to comply with this
9 subsection may be asserted as a defense by a tenant in an
10 action before any adjudicatory body and may not be waived.
11 (f) Definitions.--The following words and phrases when used
12 in this section shall have the meanings given to them in this
13 subsection unless the context clearly indicates otherwise:
14 "Conciliation conference." A meeting between a landlord,
15 tenant and housing mediator to mediate an agreement for asserted
16 residential lease violations.
17 "Housing mediator." An individual appointed by the president
18 judge of the court of common pleas or authorized committee for
19 the purpose of assisting the court in the prompt and efficient
20 resolution of evictions without the requirement for a court
21 hearing through a mutually acceptable settlement between the
22 parties.
23 "Program." An eviction diversion mediation program
24 authorized under subsection (e).
25 Section 2. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 0305: 42-917