THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY K. BOYLE, D. COSTA, PARKER, TAYLOR, STURLA, DAVIS, PAYTON, SAINATO, BRIGGS, DeLUCA, McGEEHAN, DALEY, NEILSON, GOODMAN, HORNAMAN AND W. KELLER, JULY 17, 2012

REFERRED TO COMMITTEE ON URBAN AFFAIRS, JULY 17, 2012  

AN ACT

Providing for mandatory registration of landlords and for a

landlord registration fee; imposing duties on municipalities;

establishing the Municipal Code Enforcement Fund and the Code

Enforcement Grant Program; providing for powers and duties of

the Department of Community and Economic Development; and

making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Municipal

Code Enforcement and Landlord Registration Act.

Section 2.  Legislative intent.

The purpose of this act is to require the registration of all

rental properties, both residential and commercial, within a

municipality and to provide funds for the purpose of municipal

code enforcement.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agent."  An individual, property manager, property

management company or realtor authorized to do business in this

Commonwealth who is granted the authority to act on behalf of a

landlord.

"Building."  A residential, commercial or industrial building

or structure and the land appurtenant to it.

"Department."  The Department of Community and Economic

Development of the Commonwealth.

"Fee."  The landlord registration fee authorized under this

act.

"Fund."  The Municipal Code Enforcement Fund established

under this act.

"Landlord."  Any property owner who receives payment through

a rental arrangement, including, but not limited to, an oral or

written lease with a tenant for a dwelling in a single-unit or

multiunit residential property or commercial property.

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

or home rule, optional plan or optional charter municipality or

public authority within this Commonwealth. The term also

includes any other governmental entity charged with enforcement

of municipal housing, building, plumbing, fire and related

codes.

"Nonresident landlord."  A property owner living outside of

this Commonwealth.

"Program."  The Code Enforcement Grant Program established

under this act.

"Rental arrangement."  An oral or written lease between a

landlord and tenant for a dwelling in a single-unit or multiunit

residential property or commercial property.

"Tenant."  Any person or group of persons who are

contractually obligated to make rental payments to the landlord

under a rental arrangement, including, but not limited to, an

oral or written lease with the landlord for a dwelling in a

single-unit or multiunit residential property or commercial

property.

Section 4.  Registration of landlords.

(a)  General rule.--The governing body of a municipality

shall impose a registration requirement and a registration fee

on landlords and rental properties within its jurisdiction.

(b)  Ordinance authorized.--After the effective date of this

section, the governing body of a municipality shall adopt an

ordinance requiring landlord registration and imposing a fee for

registration.

(c)  Form of ordinance.--The language of an ordinance adopted

under subsection (b) requiring registration and imposing a fee

shall be clear and readily understandable by a layperson.

(d)  Registration.--Landlord registration under an ordinance

adopted under subsection (b) shall be limited to a per annum

basis.

(e)  Registration information.--At the time of registration,

a landlord shall provide the municipality with all of the

following information:

(1)  (i)  The primary contact information for the

landlord, including home address, telephone number,

e-mail address and any additional information deemed

necessary by the department. No landlord may provide a

post office box as primary contact information.

(ii)  In the case of a nonresident landlord, in

addition to the contact information in subparagraph (i),

the business address and telephone number of the

nonresident landlord's agent within this Commonwealth.

(iii)  A nonresident landlord shall maintain an agent

to act on behalf of the nonresident landlord and receive

all service of process.

(2)  The address of each single-unit or multiunit

residential rental property and commercial property owned by

the landlord within the municipality.

(3)  The number of residential units at each property

owned by the landlord within the jurisdiction of the

municipal government.

(f)  Registration fee.--

(1)  The fee adopted under subsection (a) shall be

imposed on every residential or commercial rental property

regardless of the number of dwellings, units or properties

within the jurisdiction of the municipality.

(2)  The fee shall be collected upon the registration of

all rental properties and shall not exceed $125 per

residential property and $500 per commercial property.

Section 5.  Municipal Code Enforcement Fund.

(a)  Establishment.--The Municipal Code Enforcement Fund is

established in the State Treasury.

(b)  Distribution.--

(1)  Twenty percent of the fees collected by a

municipality shall be transmitted monthly to the Department

of Revenue for deposit into the fund.

(2)  Eighty percent of the fees collected by a

municipality shall be retained by the municipality for its

use.

(c)  Use of fee.--The fees retained by the municipality under

subsection (b)(2) shall be used for the purpose of local code

enforcement and administrative costs related to landlord

registration and shall be maintained in an amount separate from

any other fund of the municipality.

Section 6.  Code Enforcement Grant Program.

(a)  Establishment.--The department shall issue grants to

eligible municipalities for the purpose of reducing blighted

property conditions through:

(1)  The establishment of special code enforcement

programs to address blighted property, in those

municipalities where a municipal code enforcement program

already exists.

(2)  The establishment of code enforcement programs and

the hiring and training of code enforcement personnel in

those municipalities without an existing code enforcement

program.

(b)  Eligibility.--In order to receive a grant under the

program, a municipality shall submit an application acceptable

to the department and satisfy any eligibility criteria

established by the department.

(c)  Matching funds.--A municipality shall provide its own

funds or in-kind contributions, approved by the department as

determined by regulations promulgated by the department under

section 7, equal to the amount of the grant provided and shall

dedicate and expend those funds for the purpose for which the

grant was awarded.

(d)  Limitation.--Grants provided under this section shall

not be provided to the same municipality for more than three

consecutive years.

Section 7.  Regulations.

Within 90 days of the effective date of this act, the

department shall promulgate rules and regulations to carry out

the provisions of this act, including, but not limited to,

regulations relating to:

(1)  The funding for existing municipal code enforcement

programs where the emphasis during the three-year period is

on the upgrading or removal of blighted, abandoned and

structurally deficient structures and dwellings.

(2)  Eligibility requirements for the program, which may

include but are not limited to:

(i)  The age of the existing housing stock in the

community.

(ii)  The municipality's existing tax base.

(iii)  The existing financial condition of the

municipality.

Section 8.  Funding.

The General Assembly shall annually appropriate such moneys

as necessary to the department for the purpose of providing

grants to municipalities under the program. The appropriation

provided for under this section shall terminate after three

years, at which time the code enforcement program or special

code enforcement program of the municipality shall be

financially self-sufficient.

Section 9.  Effective date.

This act shall take effect in 60 days.