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PRINTER'S NO. 938
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
951
Session of
2023
INTRODUCED BY BURNS AND DELLOSO, APRIL 17, 2023
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
APRIL 17, 2023
AN ACT
Amending the act of May 28, 1937 (P.L.955, No.265), entitled "An
act to promote public health, safety, morals, and welfare by
declaring the necessity of creating public bodies, corporate
and politic, to be known as housing authorities to engage in
slum clearance, and to undertake projects, to provide
dwelling accommodations for persons of low income; providing
for the organization of such housing authorities; defining
their powers and duties; providing for the exercise of such
powers, including the acquisition of property by purchase,
gift or eminent domain, the renting and selling of property,
and including borrowing money, issuing bonds, and other
obligations, and giving security therefor; prescribing the
remedies of obligees of housing authorities; authorizing
housing authorities to enter into agreements, including
agreements with the United States, the Commonwealth, and
political subdivisions and municipalities thereof; defining
the application of zoning, sanitary, and building laws and
regulations to projects built or maintained by such housing
authorities; exempting the property and securities of such
housing authorities from taxation; and imposing duties and
conferring powers upon the State Planning Board, and certain
other State officers and departments," providing for public
housing safety committees; further providing for requirements
regarding tenants and landlords in cities of the first class;
and providing for background checks for landlords.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 28, 1937 (P.L.955, No.265),
referred to as the Housing Authorities Law, is amended by adding
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a section to read:
Section 4.3. Public Housing Safety Committees.--(a)
Notwithstanding any other provision of law, within each
Authority, a public housing safety committee shall be
established. Each public housing safety committee shall consist
of five members, including the Executive Director of the
Authority, the District Attorney of the county in which the
Authority is located, the sheriff of the county in which the
Authority is located, a uniformed commissioned police officer
and the President Judge of the county in which the Authority is
located.
(b) The Authority shall be located within each county that
has a population of at least one hundred forty thousand
(140,000) but less than one hundred forty-five thousand
(145,000) based on the 2010 Federal decennial census.
(c) When an Authority receives a background check in
compliance with Federal law, the Authority shall review the
background check to see if the applicant has any criminal
offenses of the grading of a misdemeanor of the third degree or
higher. If an applicant has this offense on the applicant's
record and all other admissions criteria are met, the Authority
shall present all relevant information to the public housing
safety committee for its review.
(d) The public housing safety committee shall meet regularly
at the call of the President Judge. The President Judge shall
serve as the presiding officer of all meetings of the public
housing safety committee. All five members of the public housing
safety committee must be present.
(e) The public housing safety committee shall take all
measures necessary to comply with relevant Federal law while
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conducting the business of the public housing safety committee.
(f) Prior to reviewing the documentation, the Authority
shall provide the members of the public housing safety committee
with an overview of existing Federal laws and regulations that
the public housing safety committee must follow.
(g) The public housing safety committee shall review the
documentation provided by the Authority regarding each tenant
with a previous criminal record. The public housing safety
committee shall review each applicant on a case-by-case basis.
The public housing safety committee shall:
(1) Evaluate if the previous criminal activity threatens the
health, safety or right to peaceful enjoyment of the premises by
other residents or persons residing in the immediate vicinity.
(2) Consider:
(i) the severity of the crime committed;
(ii) the length of time since the offense;
(iii) the actions of the applicant since committing the
crime;
(iv) any other required considerations under existing
Federal law; and
(v) any other considerations the public housing safety
committee deems necessary to evaluate the applicants on a case-
by-case basis to ensure the health, safety or right to peaceful
enjoyment of the premises by other residents or persons residing
in the immediate vicinity.
(h) The public housing safety committee shall vote to inform
the Authority if the public housing safety committee determines
that the applicant does not present a threat to the health,
safety or right to peaceful enjoyment of the premises by other
residents or persons residing in the immediate vicinity. A vote
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under this subsection must be unanimous.
(i) Once informed of a unanimous vote in support of the
applicant by the public housing safety committee, the Authority
shall take appropriate action consistent with Federal law.
(j) Once informed that the public housing safety committee
failed to reach a unanimous vote in support of the applicant,
the Authority shall deny the applicant. If the applicant is
denied due to the applicant's criminal history, the Authority
shall comply with the procedures outlined in Federal law.
(k) I f the applicant has a criminal record and the sole
offense or offenses relate to being a victim of domestic
violence, dating violence, sexual assault or stalking, or if the
applicant is seeking relocation under section 13.3, the
applicant shall not have to be reviewed by the public housing
safety committee. The Authority shall determine if an applicant
under this subsection presents a threat to the health, safety or
right to peaceful enjoyment of the premises by other residents
or persons residing in the immediate vicinity.
(l) No member of the public housing safety committee may be
liable, in the member's personal or official capacity, for any
action taken as a member of the public housing safety committee.
Section 2. Section 13.1 of the act is amended to read:
Section 13.1. Requirements Regarding Tenants and Landlords
[in Cities of the First Class].--(a) An Authority [of a city of
the first class] shall take such measures as are necessary to
ensure compliance with all requirements imposed on the Authority
by Federal law regarding criminal activity by tenants and
prospective tenants, including, but not limited to, all
requirements regarding background checks.
(b) (1) An Authority [of a city of the first class] shall
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not approve or renew any person or firm as a landlord in the
Housing Choice Voucher Program established pursuant to 24 CFR
Pt. 982 (relating to section 8 tenant based assistance: housing
choice voucher program) if such person or firm is delinquent on
any property tax due with respect to the property for which
approval or renewal is sought.
(2) For purposes of this subsection, a person or firm that
is current on a payment agreement with the taxing authority for
the property tax delinquency shall not be considered delinquent
with respect to the outstanding property tax liability covered
by such agreement, but a person or firm that is in breach of
such agreement shall be considered delinquent.
Section 3. The act is amended by adding a section to read:
Section 13.4. Background Checks for Landlords.--(a)
Notwithstanding any other provision of law, upon request by a
landlord in the Housing Choice Voucher Program established in
accordance with 24 CFR Pt. 982 (relating to Section 8 tenant-
based assistance: Housing Choice Voucher Program), a law
enforcement agency shall provide the landlord with a background
check for any adult household member of the applicant's
household.
(b) The landlord shall provide the law enforcement agency
with a consent form completed by the applicant.
(c) When the law enforcement agency receives the completed
consent form, the law enforcement agency must promptly release
to the landlord a copy of any criminal conviction records
concerning the household member in the possession or control of
the law enforcement agency.
(d) The landlord may not share the information provided in
the reports with any other party. Disclosure of information
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contained in the reports may result in criminal and civil
penalties pursuant to existing State law.
Section 4. Within 90 days of the effective date of this
section, each authority and landlord in the Housing Choice
Voucher Program established under 24 CFR Pt. 982 shall modify
all existing documents and procedures necessary to comply with
Federal and State law, including the provisions of this act.
Section 5. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) Section 4 of this act.
(ii) This section.
(2) The remainder of this act shall take effect in 90
days.
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