PRIOR PRINTER'S NO. 1176

PRINTER'S NO.  1246

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

900

Session of

2009

  

  

INTRODUCED BY ARGALL, YAW, PIPPY, ERICKSON, RAFFERTY, KASUNIC, WONDERLING, COSTA, O'PAKE, BROWNE, BAKER, FERLO, WASHINGTON, ALLOWAY, BOSCOLA, STACK, EARLL, EICHELBERGER, WILLIAMS, WARD, TOMLINSON, LOGAN AND FOLMER, JUNE 17, 2009

  

  

SENATOR YAW, URBAN AFFAIRS AND HOUSING, AS AMENDED, JULY 1, 2009   

  

  

  

AN ACT

  

1

Amending Title 53 (Municipalities Generally) of the Pennsylvania

2

Consolidated Statutes, providing for neighborhood blight

3

reclamation and revitalization.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Title 53 of the Pennsylvania Consolidated

7

Statutes is amended by adding a chapter to read:

8

CHAPTER 61

9

NEIGHBORHOOD BLIGHT

10

RECLAMATION AND REVITALIZATION

11

Subchapter

12

A.  Preliminary Provisions

13

B.  Actions Against Owner of Blighted Property

14

C.  Responsibilities of Mortgage Lenders

15

D.  Permit Denials by Municipalities

16

E.  Miscellaneous Provisions

17

SUBCHAPTER A

 


1

PRELIMINARY PROVISIONS

2

Sec.

3

6101.  Short title of chapter.

4

6102.  Legislative findings and declaration of policy.

5

6103.  Definitions.

6

§ 6101.  Short title of chapter.

7

This chapter shall be known and may be cited as the

8

Neighborhood Blight Reclamation and Revitalization Act.

9

§ 6102.  Legislative findings and declaration of policy.

10

The General Assembly finds and declares as follows:

11

(1)  It is the intent of the General Assembly to

12

eliminate neighborhood blight caused by property owners who

13

fail to maintain their property or to comply with municipal

14

property maintenance codes. The General Assembly declares

15

that it is in the best interest of the Commonwealth, its

16

citizens and its municipalities to establish a process as set

17

forth under this chapter to effectively deal with blighted

18

and abandoned properties in order to bring the properties up

19

to code standards, acquire and demolish them or, where cost-

20

effective and structurally sound, rehabilitate them and

21

return them to productive use. This includes constructing new

22

housing on sites that formerly contained blighted properties

23

and rehabilitating blighted buildings which have been

24

determined to be structurally sound and capable of being

25

rehabilitated.

26

(2)  Pennsylvania's communities are important to this

27

Commonwealth's economic health and provide a focal point for

28

businesses and services. They also contribute to this

29

Commonwealth's quality of life with their rich histories,

30

culture, heritage and diversity, along with their parks,

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1

recreational attributes and historic buildings and

2

architecture. Many of these communities, however, are

3

presently being negatively affected by blighted properties

4

that either are in use in spite of their deteriorated state

5

or have been abandoned.

6

(3)  Citizens of this Commonwealth living in its

7

communities are adversely affected by abandoned and blighted

8

residential, commercial and industrial properties, especially

9

individuals living or owning property in close proximity to

10

unsafe, substandard and deteriorated buildings.

11

(4)  Substandard, deteriorating and abandoned

12

residential, commercial and industrial structures are not

13

only a public safety threat and nuisance, their blighted

14

condition diminishes property values in the communities in

15

which these properties are located. Nearby property owners

16

lose equity in their properties, and municipalities lose

17

desperately needed property tax revenues for municipal

18

services as a result of lower assessed property values which

19

result from the presence of blighted and abandoned buildings.

20

(5)  Blighted properties presently sold at tax sales most

21

times remain blighted. When these blighted properties are not

22

rehabilitated or demolished immediately, they further

23

deteriorate, resulting in increased costs to the Commonwealth

24

and its municipalities to secure and demolish them.

25

(6)  Providing a legislative mechanism to transform

26

abandoned and blighted properties into productive reuse

27

provides an opportunity for communities in Pennsylvania to be

28

revitalized while improving the quality of life for

29

individuals who live there. This revitalization includes

30

clearing sites of blighted properties and replacing them with

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1

new housing, as well as rehabilitating structurally sound

2

blighted properties.

3

§ 6103.  Definitions.

4

The following words and phrases when used in this chapter

5

shall have the meanings given to them in this section unless the

6

context clearly indicates otherwise:

7

"Abandoned property."  A property on which there is a

8

building that has not been legally occupied for at least the

9

previous 12 months and is a blighted property.

10

"Blighted property."  Any of the following:

11

(1)  Premises which, because of physical condition or

12

use, have been declared by a court of competent jurisdiction

13

as a public nuisance at common law or have been declared a

14

public nuisance in accordance with the local housing,

15

building, plumbing, fire and related codes and ordinances,

16

including nuisance and dangerous building ordinances.

17

(2)  Premises which, because of physical condition, use

18

or occupancy, are considered an attractive nuisance to

19

children, including, but not limited to, abandoned wells,

20

shafts, basements, excavations and unsafe fences or

21

structures.

22

(3)  A dwelling which, because it is dilapidated,

23

unsanitary, unsafe, vermin-infested or lacking in the

24

facilities and equipment required under the housing code of

25

the municipality, has been designated by the municipal

26

department responsible for enforcement of the code as unfit

27

for human habitation.

28

(4)  A structure which is a fire hazard or is otherwise

29

dangerous to the safety of persons or property.

30

(5)  A structure from which the utilities, plumbing,

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1

heating, water, sewage or other facilities have been

2

disconnected, destroyed, removed or rendered ineffective so

3

that the property is unfit for its intended use.

4

(6)  A vacant or unimproved lot or parcel of ground in a

5

predominantly built-up neighborhood which, by reason of

6

neglect or lack of maintenance, has become a place for

7

accumulation of trash and debris or a haven for rodents or

8

other vermin.

9

(7)  An unoccupied property which has been tax delinquent

10

for a period of two years.

11

(8)  A property which is vacant but not tax delinquent

12

and which has not been rehabilitated within one year of the

13

receipt of notice to rehabilitate from the appropriate code

14

enforcement agency.

15

"Building."  A residential, commercial or industrial building

16

or structure and the land appurtenant to it.

17

"Code."  A building, housing, property maintenance, fire,

18

health or other public safety ordinance enacted by a

19

municipality.

20

"Commonwealth agency."  The Governor, departments, boards,

21

agencies, commissions, authorities and other officers of the

22

Commonwealth, including those subject to the policy supervision

23

and control of the Governor. The term does not include any court

24

or other officer or agency of the unified judicial system or the

25

General Assembly or any of its officers and agencies.

26

"Competent entity."  A person or entity, including a

27

governmental unit, with experience in the rehabilitation of

28

residential, commercial or industrial buildings and the ability

29

to provide or obtain the necessary financing for such

30

rehabilitation.

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1

"Consumer."  A person who is a named insured, insured or

2

beneficiary of a policy of insurance or any other person who may

3

be affected by the Insurance Department's exercise of or the

4

failure to exercise its authority.

5

"Cost of rehabilitation."  Costs and expenses for

6

construction, stabilization, rehabilitation, demolition and

7

reasonable nonconstruction costs associated with any of these

8

projects, including, but not limited to, environmental

9

remediation, architectural, engineering and legal fees, permits,

10

financing fees and a developer's fee consistent with the

11

standards for developer's fees established by the Pennsylvania

12

Housing Finance Agency.

13

"Court."  The appropriate court of common pleas.

14

"Department."  The Department of Community and Economic

15

Development of the Commonwealth.

16

"Electronically."  Utilizing procedures promulgated by the

17

Department of Community and Economic Development to file forms

18

and obtain information electronically, provided the information

19

is available to the requester under the act of February 14, 2008

20

(P.L.6, No.3), known as the Right-to-Know Law.

21

"Insurer," "company," "association" or "exchange."  As these

22

terms are defined in section 101 of the act of May 17, 1921

23

(P.L.682, No.284), known as The Insurance Company Law of 1921,

24

or any entity subject to Article XXIV of The Insurance Company

25

Law of 1921, the act of December 29, 1972 (P.L.1701, No.364),

26

known as the Health Maintenance Organization Act, or 40 Pa.C.S.

27

Ch. 61 (relating to hospital plan corporations) or 63 (relating

28

to professional health services plan corporations).

29

"License."  A permit granted by the Commonwealth or one of

30

its agencies which gives permission to the applicant, excluding

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1

individuals and businesses regulated by the Bureau of

2

Professional and Occupational Affairs, to participate in a

3

certain activity or exercise a certain privilege.

4

"Licensing" or "certification."  The issuance of a license or

5

the formal assertion in writing of some fact or qualification

6

from the Commonwealth or one of its agencies, excluding the

7

Bureau of Professional and Occupational Affairs.

8

"Municipality."  A city, borough, incorporated town, township

9

or home rule, optional plan or optional charter municipality or

10

municipal authority in this Commonwealth. The term also includes

11

any other governmental entity charged with enforcement of

12

municipal housing, building, plumbing, fire and related codes

13

and specifically includes a neighborhood improvement district

14

and nonprofit corporation created under the act of December 20,

15

2000 (P.L.949, No.130), known as the Neighborhood Improvement

16

District Act.

17

"Municipal permits."  Privileges relating to real property

18

granted by a municipality, including, but not limited to,

19

building permits, exceptions to zoning ordinances and occupancy

20

permits.

21

"Nonprofit corporation."  A nonprofit corporation that has,

22

as one of its purposes, community development activities,

23

including economic development or the promotion or enhancement

24

of affordable housing opportunities.

25

"Owner."  The holder or holders of the title to or of a legal

26

or equitable interest in residential, commercial or industrial

27

real estate. The term includes, but is not limited to, heirs,

28

assigns, trustees, beneficiaries and lessees, provided this

29

ownership interest is a matter of public record.

30

"Property maintenance code."  A municipal ordinance which

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1

regulates the maintenance or development of real property. The

2

term includes, but is not limited to, building codes, housing

3

codes and public safety codes.

4

"Property maintenance code violation."  A violation of a

5

municipal property maintenance code.

6

"Public nuisance."  Property which, because of its physical

7

condition or use, is regarded as a public nuisance at common law

8

or has been declared by the appropriate official a public

9

nuisance in accordance with the local housing, building, health,

10

fire or related code.

11

"Registry."  The Property Maintenance Code Violations

12

Registry established under this chapter.

13

"Residential building."  Real property that consists of not

14

less than one nor more than four residential dwelling units.

15

"Serious violation."  A violation of a housing, building,

16

property maintenance or fire safety code that poses an immediate

17

threat to the health and safety of a dwelling occupant,

18

occupants in surrounding structures or passersby.

19

"Substantial step."  An affirmative action as determined by a

20

municipality on the part of a property owner or managing agent,

21

as determined by the municipality, to remedy a violation of a

22

housing, building, property maintenance or fire safety code,

23

including, but not limited to, physical improvements or

24

reparations to the property.

25

"Tax delinquent property."  Tax delinquent real property as

26

defined under the act of July 7, 1947 (P.L.1368, No.542), known

27

as the Real Estate Tax Sale Law, located in any municipality in

28

this Commonwealth.

29

SUBCHAPTER B

30

ACTIONS AGAINST OWNER OF BLIGHTED PROPERTY

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1

Sec.

2

6111.  Actions.

3

6112.  Asset attachment.

4

6113.  Duty of out-of-State owners of real estate in this

5

Commonwealth.

6

6114.  Duty of corporate owners.

7

§ 6111.  Actions.

8

In addition to other remedies, a municipality may institute

9

the following actions against the legal owner or owner of record

10

of any building, housing or land in serious violation of an

11

ordinance regarding a building or housing code:

12

(1)  An in personam action may be initiated for a

13

continuing violation for which the legal owner or owner of

<--

14

record takes no substantial step to correct within 60 days

15

following notification of any violation.

16

(2)  An action against an the legal owner or owner of

<--

17

record shall be for an amount equal to any penalties imposed

18

against the owner legal owner or owner of record and for the

<--

19

amount expended by the municipality to abate the violation.

20

(3)  A proceeding in equity.

21

§ 6112.  Asset attachment.

22

A lien may be placed against the assets of an owner of

23

unremediated blighted real property after a judgment, decree or

24

order is entered by a court of competent jurisdiction against

25

the legal owner or owner of record of the property.

26

§ 6113.  Duty of out-of-State owners of real estate in this

27

Commonwealth.

28

A person who lives or has a principal place of residence

29

outside this Commonwealth, who owns real estate in this

30

Commonwealth against which municipal housing code violations

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1

have been cited under 18 Pa.C.S. § 7510 (relating to municipal

2

housing code avoidance), and who has been properly notified of

3

the violations may be extradited to this Commonwealth to face

4

criminal prosecution.

5

§ 6114.  Duty of corporate owners.

6

Mailing a notice or citation for any property maintenance

7

code violation for any property owned by a corporation to the

8

mailing address used for real estate tax collection purposes

9

shall constitute good service by the municipality.

10

SUBCHAPTER C

11

RESPONSIBILITIES OF MORTGAGE LENDERS

12

Sec.

13

6121.  Residential, business or commercial mortgages.

14

6122.  Code compliance.

15

6123.  Residential mortgages.

16

§ 6121.  Residential, business or commercial mortgages.

17

This subchapter shall apply to mortgage loans made for

18

residential, business or commercial purposes.

19

§ 6122.  Code compliance.

20

(a)  Liability assumed.--Sixty days following the entry of a

21

foreclosure order or upon surrender of the right to possession

22

by a delinquent borrower of a building due to the owner of

23

record's default on a mortgage loan, the mortgage lender or

24

Federal insurer in possession of the building shall assume legal

25

responsibility and liability as the owner of record for all

26

exterior municipal housing, building and property maintenance

27

code requirements representing the following:

28

(1)  Serious violations.

29

(2)  Violations which contribute to blight in a

30

neighborhood due to their negative effect on the aesthetic

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1

appearance of the structure or the neighborhood.

2

(b)  Time period.--The time period provided for under

3

subsection (a) shall be extended to 120 days following the

4

foreclosure of a property due to the owner of record's default

5

on a mortgage loan in cases where the mortgage lender or Federal

6

insurer has executed a contract to sell the property in question

7

or until final action regarding a petition for appointment of a

8

conservator filed under the act of November 26, 2008 (P.L.1672,

9

No.135), known as the Abandoned and Blighted Property

10

Conservatorship Act.

11

(c)  Exception.--

12

(1)  A mortgage lender or Federal insurer in possession

13

of a building shall not be subject to subsection (a) if the

14

mortgage lender or Federal insurer files a notice with the

15

county recorder of deeds assigning the right to possession of

16

the property, provided that there is:

17

(i)  an acceptance of the assignment by the assignee;

18

(ii)  a foreclosure sale or other disposition of

19

property by the mortgage lender or Federal insurer to the

20

city, borough, township or incorporated town within which

21

the property is located to a municipal housing or

22

redevelopment authority organized by the municipality or

23

to a nonprofit community organization designated by the

24

municipality or a municipal housing or redevelopment

25

authority organized by the municipality; and

26

(iii)  a lien upon the property which takes priority

27

over the mortgage lender's or Federal insurer's interest

28

in the property to reimburse the municipality, authority

29

or nonprofit community organization for the costs of

30

bringing the property into compliance with exterior

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1

housing, building and property maintenance code

2

requirements necessary to comply with subsection (a)

3

together with any other reasonable and necessary costs

4

incurred by the municipality, authority or community

5

development organization to protect or preserve the

6

property pending its sale or disposition.

7

(2)  The notice of assignment shall provide the

8

municipality, authority or community development organization

9

possession of the property for the purpose of bringing it

10

into compliance with property maintenance code requirements

11

necessary to comply with subsection (a) and to protect and

12

preserve the property pending its final sale or disposition.

13

(3)  The notice need not be accompanied by a signature,

14

acknowledgment or other indication of acceptance of the

15

assignment and lien by the municipality, authority or

16

community development organization.

17

§ 6123.  Residential mortgages.

18

Entities that may grant or insure residential mortgages or

19

participate in related activities for purposes of this

20

subchapter shall include, but not be limited to, the following:

21

(1)  A State-chartered bank, bank and trust company,

22

savings bank, private bank or national bank, a federally

23

chartered or State-chartered savings and loan association, a

24

federally chartered savings bank or a federally chartered or

25

State-chartered credit union.

26

(2)  An attorney authorized to practice law in this

27

Commonwealth who acts as a mortgage broker in negotiating or

28

placing a mortgage loan in the normal course of legal

29

practice.

30

(3)  A person licensed under the act of February 19, 1980

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1

(P.L.15, No.9), known as the Real Estate Licensing and

2

Registration Act, who is principally engaged in a third-party

3

real estate brokerage business, but only to the extent that

4

the person provides information, verbal or written, to, or

5

negotiates or places a mortgage loan for, a buyer of real

6

estate and is not compensated by the buyer or any other

7

person for providing such information or negotiating or

8

placing such mortgage loan. If the person is compensated for

9

providing the information or negotiating or placing a

10

mortgage loan, the person shall be subject to sections 308,

11

310, 311 and 314(b) of the act of December 22, 1989 (P.L.687,

12

No.90), known as the Mortgage Bankers and Brokers and

13

Consumer Equity Protection Act.

14

(4)  A seller of a dwelling if the person has resided in

15

the dwelling at least one year and as part of the purchase

16

price receives a first mortgage executed by the purchaser.

17

(5)  A person who either originates or negotiates fewer

18

than 12 mortgage loans in a calendar year in this

19

Commonwealth.

20

(6)  Builders, when obtaining mortgages for their own

21

construction or for the sale of their own construction.

22

(7)  An agency or instrumentality of the Federal

23

Government or a corporation otherwise created by an act of

24

Congress, including, but not limited to, the Federal National

25

Mortgage Association, the Department of Veterans Affairs, the

26

Federal Home Loan Mortgage Corporation and the Federal

27

Housing Administration.

28

(8)  The Pennsylvania Housing Finance Agency.

29

(9)  A licensee under the act of April 8, 1937 (P.L.262,

30

No.66), known as the Consumer Discount Company Act, except

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1

that a licensee who makes a mortgage loan other than under

2

the provisions of the Consumer Discount Company Act shall be

3

subject to the provisions of sections 304(b)(2) and (3), 308,

4

310 and 314(b) of the Mortgage Bankers and Brokers and

5

Consumer Equity Protection Act, excluding section 308(a)(1).

6

(10)  Except for a licensee described under paragraph

7

(9), a subsidiary or affiliate of the following institutions:

8

(i)  State-chartered banks, bank and trust companies,

9

savings banks, private banks, savings and loan

10

associations and credit unions.

11

(ii)  National banks.

12

(iii)  Federally chartered savings and loan

13

associations.

14

(iv)  Federally chartered savings banks.

15

(v)  Federally chartered credit unions.

16

A subsidiary or affiliate set forth under this paragraph

17

shall be subject to the provisions of sections 308, 309(a)

18

(3), 310 and 314(b) of the Mortgage Bankers and Brokers and

19

Consumer Equity Protection Act, excluding section 308(a)(1),

20

and shall deliver annually to the Department of Banking

21

copies of financial reports made to all supervisory agencies.

22

(11)  An employee of a licensee or a person designated to

23

act on behalf of his employer.

24

(12)  An insurance company, association or exchange

25

authorized to transact business in this Commonwealth under

26

the act of May 17, 1921 (P.L.682, No.284), known as The

27

Insurance Company Law of 1921, and any subsidiaries and

28

affiliates thereof. A subsidiary or affiliate shall:

29

(i)  be subject to the provisions of sections 308,

30

309(a)(3), 310 and 314(b) of the Mortgage Bankers and

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1

Brokers and Consumer Equity Protection Act, excluding

2

section 308(a)(1); and

3

(ii)  deliver annually to the Insurance Department

4

copies of financial reports made to all supervisory

5

agencies.

6

SUBCHAPTER D

7

PERMIT DENIALS BY MUNICIPALITIES

8

Sec.

9

6131.  Municipal permit denial.

10

§ 6131.  Municipal permit denial.

11

(a)  Denial.--

12

(1)  A municipality may deny issuing to an applicant a

13

building permit, zoning permit, zoning variance, municipal

14

license, municipal permit or municipal approval for

15

contemplated action that requires the approval of the

16

municipality, if any of the following final and unappealable

17

tax, water, sewer or refuse collection delinquencies or code

18

violations apply:

19

(i)  The applicant owns real property in any

20

municipality for which taxes, water, sewer or refuse

21

collection charges are delinquent.

22

(ii)  The applicant owns real property in any

23

municipality that has been determined to be in serious

24

violation of applicable State or municipal housing,

25

building, property maintenance or fire safety code

26

requirements and has not taken substantial steps to bring

27

the property into code compliance.

28

(iii)  The applicant owns any property in any

29

municipality which is in violation of an applicable State

30

or municipal housing, building, property maintenance or

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1

fire safety code requirement and has taken no substantial

2

steps to correct within six months following notification

3

of the violation.

4

(2)  Letters required under this subsection shall be

5

verified by the appropriate municipal officials before

6

issuing to the applicant a municipal variance, approval,

7

permit or license.

8

(3)  The municipal permit denial shall not apply to an

9

applicant's action to correct a violation of an applicable

10

State or municipal housing, building, property maintenance or

11

fire safety code for which the building permit, zoning

12

permit, zoning variance, municipal license, municipal permit

13

or municipal approval for contemplated action requiring such

14

approval is required.

15

(4)  The municipal permit denial shall not apply to an

16

applicant's delinquency on taxes, water, sewer or refuse

17

collection charges that are under appeal or otherwise

18

contested through a court or administrative process.

19

(b)  Proof of compliance.--

20

(1)  All municipal variances, approvals, permits or

21

licenses may be withheld until an applicant obtains a letter

22

from the appropriate State agency, municipality or school

23

district indicating the following:

24

(i)  The property in question is not presently tax

25

delinquent.

26

(ii)  The property in question is now in code

27

compliance.

28

(iii)  The owner of the property in question has

29

taken substantial steps to bring the property into code

30

compliance.

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1

(2)  Letters required under this subsection shall be

2

verified by the appropriate municipal officials before

3

issuing to the applicant a municipal variance, approval,

4

permit or license.

5

(c)  Applicability of other law.--A denial of a building

6

permit, zoning permit, zoning variance, municipal license,

7

municipal permit or municipal approval for contemplated actions

8

that requires approval of a municipality shall be subject to the

9

provisions of 2 Pa.C.S. Chs. 5 Subch. B (relating to practice

10

and procedure of local agencies) and 7 Subch. B (relating to

11

judicial review of local agency action).

12

SUBCHAPTER E

13

MISCELLANEOUS PROVISIONS

14

Sec.

15

6141.  Unfair insurance practices.

<--

16

6142 6141.  Education and training programs for judges.

<--

17

6143 6142.  County housing courts.

<--

18

6143.  Conflict with other laws.

<--

19

§ 6141.  Unfair insurance practices.

<--

20

In addition to the provisions of section 5 of the act of July

21

22, 1974 (P.L.589, No.205), known as the Unfair Insurance

22

Practices Act, the act of refusing to issue or renew an

23

insurance policy on real property on the basis of the condition

24

of surrounding properties or because surrounding properties are

25

unoccupied is prohibited as an unfair method of competition and

26

unfair insurance practices.

27

§ 6142 6141.  Education and training programs for judges.

<--

28

Available funds shall be used to develop and implement annual

29

and ongoing education and training programs for judges,

30

including magisterial district judges, regarding the laws of

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1

this Commonwealth relating to blighted and abandoned property

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and the economic impact that blighted and abandoned properties

3

have upon municipalities. The education and training programs

4

shall include, but not be limited to:

5

(1)  The importance and connection of municipal housing

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code violations and crime.

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(2)  Time-in-fact violations as they relate to property

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maintenance code violations.

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(3)  Conduct of witnesses in prosecuting property

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maintenance code violations.

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(4)  Limiting continuances in property maintenance code

12

violations.

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(5)  Use of indigency hearings in the prosecution of

14

property maintenance code violations.

15

§ 6143 6142.  County housing courts.

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Upon a request or approval of a resolution by the county

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commissioners, the president judge of a county may establish a

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housing court to hear and decide matters arising under this

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chapter and other laws relating to real property matters.

20

§ 6143.  Conflict with other law.

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21

In the event of a conflict between the requirements of this

22

chapter and Federal requirements applicable to demolition,

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disposition or redevelopment of buildings, structures or land

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owned by or held in trust for the Government of the United

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States and regulated pursuant to the United States Housing Act

26

of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the

27

regulations promulgated thereunder, the Federal requirements

28

shall prevail.

29

Section 2.  This act shall take effect in 90 days.

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