Section 6. Affirmative defenses.
(a) Owners, operators or managers.--Any of the following shall be an affirmative defense by an owner, operator or manager to a prosecution or imposition of an administrative penalty under this act:
(1) When the violation occurred, the actual control of the establishment was not exercised by the owner, operator or manager, but by a lessee.
(2) The owner, operator or manager made a good faith effort to post the required signs.
(3) The owner, operator or manager made a good faith effort to comply with section 3.1.
(a.1) Third-party listing platforms or rental operators.--It shall be an affirmative defense to a prosecution or administrative penalty under this act that the third-party listing platform or rental operator made a good faith effort to comply with section 3.2. A third-party listing platform shall not be liable for reasonably relying on a representation by a rental operator that the rental operator completed the training required under section 3.2.
(b) Affidavit by owners, operators or managers.--An owner, operator or manager asserting an affirmative defense shall do so in the form of a sworn affidavit specifying the relevant information under subsection (a)(1), (2) or (3).
(b.1) Affidavit by third-party listing platforms or rental operators.--A third-party listing platform or rental operator asserting an affirmative defense under subsection (a.1) shall do so in the form of a sworn affidavit specifying any relevant information.
(6 amended July 20, 2026, P.L.422, No.31)