PRINTER'S NO. 666
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 635
Session of
2021
INTRODUCED BY DeLUCA, NEILSON, BROOKS AND MADDEN, MARCH 1, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 1, 2021
AN ACT
1 Providing for notification of individuals regarding residential
2 leasing practices that may violate housing discrimination law
3 on the basis of familial status.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Rochez Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Entity." An organization that:
13 (1) Receives funding under the Fair Housing Initiatives
14 Program, including under any of the following:
15 (i) 24 CFR 125.201 (relating to administrative
16 enforcement initiative).
17 (ii) 24 CFR 125.301 (relating to education and
18 outreach initiative).
19 (iii) 24 CFR 125.401 (relating to private
 1 enforcement initiative).
2 (iv) 24 CFR 125.501 (relating to fair housing
3 organizations initiative).
4 (2) Utilizes a tester to investigate violations or
5 obtain enforcement of the rights granted under the Fair
6 Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.) or
7 under State or local law that provides rights and remedies
8 for discriminatory housing practices that are substantially
9 equivalent to the rights and remedies provided under the Fair
10 Housing Act.
11 "Fair Housing Initiatives Program." As the term "FHIP" is
12 defined in 24 CFR 125.103 (relating to definitions).
13 "Residential property." Property consisting of no more than
14 one total building with no more than two residential dwellings.
15 "Tester." An individual subject to 24 CFR 125.107 (relating
16 to testers).
17 Section 3. Notice of possible violation.
18 (a) General rule.--Except as provided in subsection (b), if
19 an entity discovers that an individual who is engaged in the
20 rental of residential property and who appears to have violated
21 housing discrimination law on the basis of familial status under
22 section 3604(c) of the Fair Housing Act (Public Law 90-284, 42
23 U.S.C. § 3604(c)) or section 5(h)(5) of the act of October 27,
24 1955 (P.L.744, No.222), known as the Pennsylvania Human
25 Relations Act, the entity shall notify the individual of the
26 possible violation and provide the individual with seven days to
27 remedy the possible violation prior to bringing suit in a court
28 of law against the individual regarding the possible violation.
29 (b) Exception.--Subsection (a) shall not apply if the entity
30 previously notified the individual of a substantially similar
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1 possible violation in a previous advertisement.
2 Section 4. Effective date.
3 This act shall take effect immediately.
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