Adverse Possession House Bill 1322 decreases the period of limitation in the doctrine of adverse possession from twenty-one years to ten years for a property on which there is an occupied single family dwelling where the unimproved land is incidental to the residence. The period of limitation on other adverse possession claims (color of title and residents that have legally lived in the home for seven years and paid all assessed taxes on the property) will stay the same. The bill is supported by the Pennsylvania Bar Association (PBA) and the Housing Alliance of Pennsylvania. PAR was successful in seeking an amendment to decrease the lot size from one acre to one half acre. PAR withdrew its opposition to HB 1322. The bill was voted out of the House on July 1 with a vote of 181/19 and referred to the Senate Judiciary Committee.

Land Banks House Bill 712, the Land Banks Authorities Act, provides for the creation of land banks for the conversion of vacant or tax-delinquent properties into productive use. A municipality, school district or taxing authority may enter into an agreement to establish a land bank authority or may act on its own to establish a land bank authority by charter. PAR has a few concerns with HB 712. For example, there is not a set time limit for how long a property can sit in a land bank, and land banks do not have the expertise to properly market the properties and historically sell them to tax exempt non-profits. PAR provided concerns with the legislation at a hearing in Philadelphia on May 28. The bill was voted out of the House (190/8) on June 29. PAR plans to seek amendments to address our concerns in the Senate.

Landlord & Tenant Issues PAR is monitoring two bills which PAR has previously opposed. House Bill 453 requires landlords to allow medical access for those tenants with a “certified illness”. PAR created amendments last session for the legislation, and we have proceeded in discussions with the prime sponsor regarding our concerns. House Bill 650 provides for monitored security in dwelling premises having at least 26 units. Neither bill has moved since its introduction.

Statewide Housing Trust Fund House Bill 60 creates a housing trust fund to enable the state to use an anticipated $35 million in federal funds designated for Pennsylvania from the National Housing Trust Fund to build and rehab homes for disabled citizens, low-income seniors and others struggling to afford an adequate home. PAR has worked with the Housing Alliance to garner support for a statewide housing trust fund, and participated in “Housing Matters Day” on May 5. Bob Hay represented PAR at the event to help release an economic impact study conducted by the Housing Alliance. House Bill 60 passed the House on April 26 by a vote of 179-8.  It was amended in the Senate to allow state monies and private funds to be deposited into the fund if they become available. At this time, the Housing Trust Fund would be funded by federal stimulus money provided to Pennsylvania for similar programs. PAR maintains support for the Housing Trust Fund. The bill was re-referred to Senate Appropriations.

Sprinkler Systems The 2009 International Residential Code (IRC) requires sprinklers in new one- and two-family residences as of January 1, 2011. The Pennsylvania Builders Association is opposed to mandatory sprinklers in new residential construction and is currently lobbying for an extension of the 2006 Uniform Construction Code. The Pennsylvania Association of REALTORS® supports a three-year extension of the 2006 Uniform Construction Code.

Urban Renewal Senate Bill 900 allows a municipality to take actions against the owner of any building, housing or land in serious violation of an ordinance regarding a code or conditions that causes the property to be blighted. A lien may be placed against the assets of an owner if no action is taken to fix the violations. PAR was successful in amending the bill to better define “blighted property,” and remove the provision that allows municipalities to deny permits by placing codes violators on a statewide registry. The Pennsylvania Builders Association (PBA) was successful in getting an amendment to extend the period of time an owner has to fix the violations from sixty days to six months. Another amendment was adopted on the floor that limits the types of violations that can be issued by a municipality. Organizations, such as the Pennsylvania Residential Owners Association (PROA), are in opposition to the bill because it could place a heavy burden on a landlord if code violations are not addressed in a timely manner. SB 900 overwhelmingly passed the Senate on July 1 with a vote of 50/1 and is awaiting committee assignment in the House.