paper which she later discovered was a notice of distraint from the defendant Lawrence P. McElroy. The notice contained a categorical listing of all household goods commonly found in rented premises, and stated that anyone removing any of the goods would be arrested. Mrs. Santiago destroyed this notice after a call to Neighborhood Renewal, a city agency, because she had already mailed the rent and expected the levy to be withdrawn forthwith. As of December 12, 1969, she had not received acknowledgment of receipt of the money order, nor had her rent book been returned.
9. About four or five days after the notice of distraint was delivered, the man returned and handed Mrs. Santiago a notice of sale to be held November 25, 1969. Mrs. Santiago explained to the man that she had paid her rent and that Neighborhood Renewal had told her that she did not have to pay the rent again nor the constable's fee. The man replied that Neighborhood Renewal had nothing to do with it, and that she did have to pay.
10. On December 8, 1969, after commencing this action, and while the temporary restraining order was outstanding, Mrs. Santiago made out a money order in the amount of $80 to the management company. She called the management company to have it return her rent book so that she could pay the rent, but she was told that they would not accept the money order.
11. The Santiagos did not have sufficient assets to be able to post a replevin bond themselves, and they could not afford to pay the premium bondsmen demand.
12. Alvin and Florence Devalos, together with seven of their twelve children, currently occupy a rented premises in Philadelphia.
13. The Devalos family received a notice of distraint in rent for $60 plus a fee of $13.50 on October 23, 1969. The notice was delivered by a tall hefty man, dressed in what appeared to Mrs. Devalos to be a police uniform, who carried a gun in a holster and wore a badge with a number and name on it. He represented himself to be a constable.
14. On November 7, 1969, the Devalos residence was certified "unfit for human habitation."
15. On November 21, 1969, the Devalos family received a duplicate of a sale bill, advertising a sale of "all household goods on the premises," to be held November 26, 1969.
16. Based on the uncontradicted testimony of a landlord-and-tenant specialist working with Community Legal Services, in more than 90% of all cases, no valid levy is ever made on household belongings. Other common defenses to sale include payment of rent, use of rent to make repairs, and mistakes in rent due.
17. Of those persons whose income qualifies them for legal assistance from Community Legal Services, only 2% can afford to post a bond to prevent the sale of their possessions.
18. Very few, if any, low and moderate income tenants are able to raise defenses, even if they are able to prevent immediate sale of their possessions by bringing an action in replevin with bond. Only one-third of the poor families in Philadelphia are aware of the existence of Community Legal Services.
19. By the terms of the standard leases in common usage in Philadelphia, tenants agree to distress procedures and waive the statutory protections afforded them. The Form 42 and 50 leases are the most commonly used in Philadelphia. Each provides that, in the event the lessee defaults on his rent payment, the lessor or his agent
"May enter the premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to 5% of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by Lessee, and in such case all costs, officers' commission and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without said costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation as to the goods upon which, or the time within which, distress is to be made after removal of goods, and further relieves the Lessor of the obligation of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the demised premises or not, shall be liable to distress for rent. Lessee waives in favor of Lessor all rights under the Act of Assembly of April 6, 1951, P.L. 69, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after five days from said distraint without any appraisement and/or condemnation thereof. The Lessee further waives the right to issue a Writ of Replevin under the Pennsylvania Rules of Civil Procedure, No. 1071 &c. and Laws of the Commonwealth of Pennsylvania, or under any other law previously enacted and now in force, or which may be hereafter enacted, for the recovery of articles, household goods, furniture, etc., seized under a distress for rent or levy upon an execution for rent, damages or otherwise; all waivers hereinbefore mentioned are hereby extended to apply to any such action; * * *