Regular Session 2023-2024 Senate Bill 0616 P.N. 0628

PRINTER'S NO. 628

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

616

Session of

2023

INTRODUCED BY HUGHES, SAVAL, CAPPELLETTI, KANE, HAYWOOD,

TARTAGLIONE, FONTANA, BREWSTER, COMITTA, DILLON, COSTA,

KEARNEY, MILLER, SCHWANK AND COLLETT, APRIL 24, 2023

REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 24, 2023

AN ACT

Amending the act of December 3, 1959 (P.L.1688, No.621),

entitled "An act to promote the health, safety and welfare of

the people of the Commonwealth by broadening the market for

housing for persons and families of low and moderate income

and alleviating shortages thereof, and by assisting in the

provision of housing for elderly persons through the creation

of the Pennsylvania Housing Finance Agency as a public

corporation and government instrumentality; providing for the

organization, membership and administration of the agency,

prescribing its general powers and duties and the manner in

which its funds are kept and audited, empowering the agency

to make housing loans to qualified mortgagors upon the

security of insured and uninsured mortgages, defining

qualified mortgagors and providing for priorities among

tenants in certain instances, prescribing interest rates and

other terms of housing loans, permitting the agency to

acquire real or personal property, permitting the agency to

make agreements with financial institutions and Federal

agencies, providing for the purchase by persons of low and

moderate income of housing units, and approving the sale of

housing units, permitting the agency to sell housing loans,

providing for the promulgation of regulations and forms by

the agency, prescribing penalties for furnishing false

information, empowering the agency to borrow money upon its

own credit by the issuance and sale of bonds and notes and by

giving security therefor, permitting the refunding,

redemption and purchase of such obligations by the agency,

prescribing remedies of holders of such bonds and notes,

exempting bonds and notes of the agency, the income

therefrom, and the income and revenues of the agency from

taxation, except transfer, death and gift taxes; making such

bonds and notes legal investments for certain purposes; and

indicating how the act shall become effective," in the

agency, providing for tracking system for publicly financed

housing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of December 3, 1959 (P.L.1688, No.621),

known as the Housing Finance Agency Law, is amended by adding a

section to read:

Section 209. Tracking System for Publicly Financed

Housing.--(a) Within one year of the effective date of this

section, the agency shall establish a system for tracking

publicly financed housing in this Commonwealth. The tracking

system shall include a methodology for:

(1) tracking the anticipated termination dates of

affordability restrictions affecting all publicly financed

properties in this Commonwealth; and

(2) to the extent permitted by Federal law or regulation,

disclosing the anticipated termination dates, along with any

other information required under subsection (b), in a database

posted to the agency's publicly accessible Internet website and

in reports required under subsection (d).

(b) No later than the first day of the month following the

month in which the tracking system required under subsection (a)

is implemented, the agency shall post to its publicly accessible

Internet website a searchable database of all publicly financed

housing in this Commonwealth. The database shall include all of

the following:

(1) The address of the property.

(2) The name and business address of the owner of the

property.

(3) The anticipated date on which the affordability

restrictions affecting the property may terminate. In the event

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that a property is subject to multiple affordability

restrictions under one or more public-assistance programs, the

anticipated termination date for each affordability restriction

shall be included.

(4) To the extent available, information as to whether the

public-assistance program or programs affecting the property

allow the owner to elect to keep the property in the program or

programs after the anticipated termination date of affordability

restrictions relating to the program or programs.

(5) Information regarding whether the property has been

granted an extension or modification of the affordability

restrictions affecting the property and the new anticipated

termination date of the affordability restrictions resulting

from the extension or modification.

(6) Any other information the agency deems relevant.

subsection (b) and update the contents, including any updates

provided by a local housing agency under subsection (e), no

later than the last day of each March, June, September and

December .

(d) By December 31 in each year following the implementation

of the tracking system established under subsection (a), the

agency shall submit the following reports:

(1) To the Governor, a report containing the following:

(i) For each publicly financed housing property that has or

shall terminate in or before the end of the calendar year in

which the report is due, all of the information required under

subsection (b) and the aggregate number of the terminated or

terminating properties in this Commonwealth.

(ii) For each publicly financed housing property that is

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anticipated to terminate in or before the end of the first

calendar year commencing after the due date of the report, all

of the information required under subsection (b) and the

aggregate number of terminating properties in this Commonwealth.

(iii) For each publicly financed housing property that is

anticipated to terminate in or before the end of the second

calendar year commencing after the due date of the report, all

of the information required under subsection (b) and the

aggregate number of the terminating properties in this

Commonwealth.

(2) To each member of the General Assembly, a report

containing the following:

(i) For each publicly financed housing property located

within the member's electoral district that has or shall

terminate in or before the end of the calendar year in which the

report is due, all of the information required under subsection

(b) and the aggregate number of the terminated or terminating

properties located within the district.

(ii) For each publicly financed housing property located

within the member's electoral district that is anticipated to

terminate in or before the end of the first calendar year

commencing after the due date of the report, all of the

information required under subsection (b) and the aggregate

number of terminating properties located within the district.

(iii) For each publicly financed housing property located

within the member's electoral district that is anticipated to

terminate in or before the end of the second calendar year

commencing after the due date of the report, all of the

information required under subsection (b) and the aggregate

number of terminating properties located within the district.

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(e) Within six months of the effective date of this section,

a local housing agency shall deliver to the agency all of the

information required under subsection (b) with respect to each

property owned or operated by the local housing agency.

Following the implementation of the tracking system under

subsection (a), the local housing agency shall deliver to the

agency any updates with respect to the information required

under this subsection no later than the last day of every

February, May, August and November. The agency shall incorporate

all information delivered under this subsection in the publicly

accessible database required under subsection (b) and in all

reports required under subsection (d).

(f) The General Assembly shall appropriate sufficient funds

to the agency for the development and maintenance of the

database required under this section.

(g) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Affordability restriction." A limit on rent that an owner

may charge for occupancy of a rental unit in a publicly financed

housing development or a limit on tenant income for persons or

families seeking to qualify for admission to a publicly financed

housing development.

"Local housing agency." An entity created and organized for

the purpose of owning, operating, financing or administering one

or more publicly financed housing projects.

"Owner." A natural person, firm, partnership, corporation,

trust, organization, limited liability company or other entity,

or its successors or assigns, that holds title to publicly

financed housing.

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"Publicly financed housing." A housing unit or development

that receives government assistance under any of the following

programs:

(1) 42 U.S.C. Ch. 8 Subch. I (relating to general program of

assisted housing), as it applies to new construction,

substantial rehabilitation, moderate rehabilitation, property

disposition and loan management set-aside programs or any other

program providing project-based rental assistance.

(2) The Federal Low Income Housing Tax Credit Program

provided under 26 U.S.C. § 42 (relating to low-income housing

credit).

(3) 12 U.S.C. § 1701s (relating to rent supplement payments

for qualified lower income families), as it applies to programs

for rent supplement assistance thereunder.

(4) 12 U.S.C. Ch. 13 (relating to national housing).

(5) The below-market interest rate program under 12 U.S.C.

§ 1715l(d)(3) (relating to housing for moderate income and

displaced families).

(6) 12 U.S.C. § 1715l(d)(4), to the extent the project's

rents are restricted under a government agreement.

(7) 12 U.S.C. § 1715z-1 (relating to rental and cooperative

housing for lower income families).

(8) 42 U.S.C. § 1441 et seq. (Housing Act of 1949).

(9) 42 U.S.C. § 1490a (relating to loans to provide occupant

owned, rental, and cooperative housing for low and moderate

income, elderly or handicapped persons or families).

(10) The Urban Development Action Grant provided under 42

U.S.C. § 5318 (relating to urban development action grants), to

the extent that the affordability of dwelling units subject to

the program are restricted under a government agreement.

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(11) The Housing Development Action grant provided under 42

U.S.C. Ch. 8 Subch. I, to the extent the project's rents are

restricted under a government agreement.

(12) The Pennsylvania Housing Tax Credit provided under

Article XIX-G of the act of March 4, 1971 (P.L.6, No.2), known

as the "Tax Reform Code of 1971."

(13) Any other housing unit or development that receives

government assistance under Federal or State programs similar to

the other programs listed in this subsection.

"Tenant." A person entitled to possession or occupancy of a

rental unit in publicly financed housing, including a subtenant,

lessee or sublessee.

"Termination." The cessation, discharge or removal of an

affordability restriction affecting publicly financed housing in

the absence of a simultaneous replacement of that restriction

with an equivalent affordability restriction, including:

(1) Nonrenewal or termination, in whole or in part, of a

government program contract.

(2) The expiration, in whole or in part, of an affordability

restriction under a government program or the requirement to

renew the restriction.

(3) Payment in full of a government program mortgage loan.

(4) Prepayment of a government program mortgage loan.

Section 2. This act shall take effect immediately.

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