PRIOR PRINTER'S NO. 1549
PRINTER'S NO. 2723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1386
Session of
2023
INTRODUCED BY KUTZ, SIEGEL, CEPEDA-FREYTIZ, CIRESI, CONKLIN,
FLEMING, HEFFLEY, IRVIN, KHAN, MADDEN AND SANCHEZ,
JUNE 13, 2023
AS REPORTED FROM COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 18, 2024
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in real property,
providing for Pennsylvania attainable housing community
designation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 62
PENNSYLVANIA ATTAINABLE HOUSING COMMUNITY DESIGNATION
Sec.
6201. Scope of chapter.
6202. Definitions.
6203. Qualifications AND APPLICATION .
6204. Application ZONING ORDINANCE .
6205. Department duties.
6206. WRITTEN PREFERENCES.
§ 6201. Scope of chapter.
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This chapter relates to the Pennsylvania attainable housing
community designation.
§ 6202. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accessory dwelling unit." An ancillary or secondary living
unit that has a separate kitchen, bathroom and sleeping area,
existing either within the same structure or on the same lot, as
the primary dwelling unit. THE TERM INCLUDES A TINY HOME.
"Attainable housing community." A designation applied to
municipalities that meet the criteria established under this
chapter.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Middle income." Housing that is affordable to households
earning between 60% and 120% of Area Median Income (AMI) OR
PRICED BETWEEN 60% AND 120% OF THE AREA MEDIAN HOME PRICE .
"Missing middle." Forms of housing options that include
side-by-side duplexes, stacked duplexes, townhouses or other
housing alternatives to single-family or traditional multifamily
housing.
"Mixed-use development." An urban, suburban, village
development or single building that combines residential,
commercial, cultural, institutional or industrial uses to
provide more efficiency for the community in terms of space,
transportation and economic development.
"TINY HOME." A HOME THAT IS LESS THAN 400 SQUARE FEET,
PERMANENTLY AFFIXED TO A VEHICLE CHASSIS AND DESIGNED FOR A
LONG-TERM RESIDENCY. THE TERM DOES NOT INCLUDE A LOFT.
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"Workforce housing." Housing that is in near proximity to an
employee's worksite and affordable to households earning between
60% and 120% of Area Median Income (AMI).
§ 6203. Qualifications AND APPLICATION .
The department shall award the designation of an attainable
housing community to a municipality if the municipality submits
an application to the department and demonstrates that the
municipality:
(1) Allows for accessory dwelling units in some of the
municipality's municipal zoning ordinances.
(2) Provides solutions for missing middle, middle income
and workforce housing needs.
(3) Allows for mixed-use development, where appropriate.
MUNICIPALITY AUTHORIZES OR PROVIDES FOR NO LESS THAN THREE OF
THE FOLLOWING:
(1) ACCESSORY DWELLING UNITS IN ONE OR MORE OF THE
MUNICIPALITY'S RESIDENTIAL ZONES.
(2) SOLUTIONS FOR MISSING MIDDLE, MIDDLE INCOME AND
WORKFORCE HOUSING NEEDS.
(3) MIXED-USE DEVELOPMENT, WHERE APPROPRIATE.
(4) A PROGRAM, INCENTIVE OR OTHER TYPE OF ACTION TO
FOSTER THE REDEVELOPMENT OF EXISTING RESIDENTIAL HOMES IN
NEED OF REPAIR OR REFURBISHMENT FOR THE PURPOSE OF MAKING THE
RESIDENTIAL HOMES COMPLIANT WITH HOUSING CODES AND ACCEPTABLE
FOR HOUSING.
§ 6204. Application ZONING ORDINANCE .
A municipality that chooses to adopt a municipal zoning
ordinance that meets the qualifications under section 6203
(relating to qualifications AND APPLICATION ) and receive the
designation established under this chapter, must submit an THE
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ordinance to the department for review.
§ 6205. Department duties.
The department shall:
(1) Process and review an REVIEW THE APPLICATION AND
ordinance submitted by a municipality under section 6204
(relating to application). SECTIONS 6203 (RELATING TO
QUALIFICATIONS AND APPLICATION) AND 6204 (RELATING TO ZONING
ORDINANCE).
(2) NOTIFY THE MUNICIPALITY OF WHETHER THE APPLICATION
SUBMITTED BY THE MUNICIPALITY UNDER SECTION 6203 HAS BEEN
APPROVED TO DESIGNATE THE MUNICIPALITY AS AN ATTAINABLE
HOUSING COMMUNITY UNDER THIS CHAPTER.
(2) (3) Review the application SUBMITTED BY THE
MUNICIPALITY UNDER SECTION 6203 to determine whether the
municipal zoning ordinance provides for housing solutions
that meet the qualifications for missing middle, middle
income and workforce housing needs.
(3) (4) Create an online registry where municipalities
that are designated as an attainable housing community under
this chapter shall be listed.
(4) Notify the municipality whether the application has
been approved, and if the municipality has been approved as
an attainable housing community.
§ 6206. WRITTEN PREFERENCES.
IN ACCORDANCE WITH SECTIONS 403-D(E) AND 404-D OF THE ACT OF
DECEMBER 3, 1959 (P.L.1688, NO.621), KNOWN AS THE HOUSING
FINANCE AGENCY LAW, THE PENNSYLVANIA HOUSING FINANCE AGENCY MAY
ADOPT WRITTEN PREFERENCES IN ACCORDANCE WITH THE ANNUAL PLAN FOR
QUALIFYING PROJECTS LOCATED IN A MUNICIPALITY THAT HAS RECEIVED
AN ATTAINABLE HOUSING DESIGNATION.
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Section 2. This act shall take effect in 60 days.
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