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A04016
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
919
Session of
2017
INTRODUCED BY HAYWOOD, BARTOLOTTA, SCHWANK, SABATINA, FONTANA,
RAFFERTY, HUGHES, FARNESE, YUDICHAK, McGARRIGLE, COSTA,
KILLION, VULAKOVICH AND TARTAGLIONE, OCTOBER 5, 2017
REFERRED TO URBAN AFFAIRS AND HOUSING, OCTOBER 5, 2017
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," further providing for
powers of an authority; and providing for relocation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 10 of the act of May 28, 1937 (P.L.955,
No.265), referred to as the Housing Authorities Law, is amended
by adding a clause to read:
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Section 10. Powers of an Authority.--An Authority shall
constitute a public body, corporate and politic, exercising
public powers of the Commonwealth as an agency thereof, which
powers shall include all powers necessary or appropriate to
carry out and effectuate the purpose and provisions of this act,
including the following powers, in addition to others herein
granted:
* * *
(hh) To cooperate and execute agreements with other
authorities for the purposes of accommodating a tenant who
requests to be relocated under section 13.3.
Section 2. The act is amended by adding a section to read:
Section 13.3. Relocation.--(a) A tenant who is a victim of
domestic or sexual violence may request relocation under this
section if the tenant expressly requests an emergency transfer
and:
(1) the tenant or an affiliated individual experienced
domestic or sexual violence on or near the premises within
ninety (90) calendar days of the request; or
(2) the tenant reasonably believes that the tenant or an
affiliated individual is threatened with imminent harm of
domestic or sexual violence if the tenant or affiliated
individual remains on the premises.
(b) An authority shall make a good faith effort, in
consultation with a tenant seeking relocation, to reasonably
relocate the tenant to a safe and suitable dwelling under the
control of the authority or another authority.
(c) A tenant seeking relocation may submit to an authority a
request for any of the following:
(1) Relocation from the tenant's existing dwelling unit to
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another dwelling unit under the control of the authority.
(2) Receipt of a housing choice voucher.
(3) Assistance with identifying other housing providers
which may have safe and available dwelling units.
(4) Assistance with contacting local organizations offering
assistance to victims of domestic or sexual violence.
(d) Each authority shall review and determine a request
submitted under this section within five (5) business days of
receipt of the request.
(e) If an authority finds that the tenant qualifies for
relocation or related assistance under this section, the
authority shall take any of the following steps, subject to
availability:
(1) Relocate the tenant making the request to another
dwelling unit under the control of the authority or another
authority.
(2) Provide the tenant with a housing choice voucher within
thirty (30) days of the submission of the request.
(3) Assist the tenant with identifying other housing
providers which may have safe and available dwelling units.
(4) Assist the tenant with contacting local organizations
offering assistance to victims of domestic or sexual violence.
(f) A tenant may establish sufficient proof of domestic or
sexual violence to qualify for relocation under this section
through any of the following:
(1) A current order of protection under 23 Pa.C.S. Ch. 61
(relating to protection from abuse) or 42 Pa.C.S. Ch. 62A
(relating to protection of victims of sexual violence or
intimidation) on behalf of the tenant or an affiliated
individual.
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(2) Police reports, medical records or court documents
relating to the tenant's or an affiliated individual's
victimization as a result of domestic or sexual violence.
(3) A certification of abuse as provided in subsection (g).
(4) Any other evidence of the conviction or other
adjudication of guilt for domestic or sexual violence committed
against the tenant or an affiliated individual.
(g) If an authority receives no conflicting information
regarding domestic or sexual violence, an authority may request
a tenant seeking relocation under this section to submit a
certification to the authority that includes the following:
(1) The tenant's name.
(2) The address of the tenant's dwelling unit.
(3) A statement that the tenant or an affiliated individual
is a victim of domestic or sexual violence.
(4) A statement of the incident of domestic or sexual
violence.
(5) If known and safe to provide, the name of the
perpetrator who committed the domestic or sexual violence.
(6) The proposed date for the termination of the lease or
the release of the tenant from the lease.
(h) If an authority receives conflicting information
regarding domestic or sexual violence, an authority may request
a written verification signed by an attesting third party that
includes the following:
(1) The tenant's name.
(2) The address of the tenant's dwelling unit.
(3) The approximate dates during which the domestic or
sexual violence occurred, including the most recent date.
(4) The name, address and telephone number of the attesting
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third party. The authority may waive the inclusion of any part
of this information it determines would unreasonably risk the
safety of the tenant or an affiliated individual.
(5) The capacity in which the attesting third party received
the information regarding the domestic or sexual violence.
(6) A statement that the attesting third party:
(i) has been advised by the tenant or an affiliated
individual that the tenant or an affiliated individual is a
victim of domestic or sexual violence;
(ii) considers the tenant's certification to be credible;
(iii) understands that the verification may be used as the
basis for releasing the tenant from a lease; and
(iv) understands that the statement may be used in court in
proceedings related to this section.
(i) If the domestic or sexual violence did not occur on the
premises within ninety (90) calendar days of the date of the
request for relocation, documentation under this section
submitted by a tenant must include a statement that the tenant
reasonably believes the tenant or an affiliated individual is
threatened with imminent harm from further domestic or sexual
violence if not relocated from the current dwelling unit.
(j) Statements made within a tenant's certification or an
attesting third party's verification may be used in court in
proceedings related to this section and shall be made under
penalty of perjury.
(k) The following shall apply regarding confidentiality and
permitted disclosure:
(1) All information submitted to an authority by a tenant
seeking relocation under this section shall be confidential and
shall not be subject to disclosure except as ordered by a court
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of competent jurisdiction or otherwise provided in this section.
(2) An authority may disclose the new address of a relocated
tenant only to the extent the tenant provides specific time-
limited consent to the disclosure in writing.
(3) An authority may not allow an employe or agent of the
authority to access confidential information under this section
unle ss explicitly authorized by the authority for reasons that
specifically call for the employe or agent to access the
confidential information under applicable Federal or State law.
(l) If a tenant complies with this section, an authority may
not assess a fee or other penalty against the tenant solely for
exercising a right granted under this this section or other law.
(m) A tenant may seek to enforce the tenant's rights under
this section using an available remedy provided by Federal or
State law.
(n) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Affiliated individual." As defined by 34 U.S.C. § 12491(a)
(1) (relating to housing protections for victims of domestic
violence, dating violence, sexual assault, and stalking).
"Attesting third party." Any of the following:
(1) A law enforcement official.
(2) A licensed health care professional.
(3) A victim advocate as defined by 34 U.S.C. § 12291(a)(41)
(relating to definitions and grant provisions).
(4) A victim assistant as defined by 34 U.S.C. § 12291(a)
(42).
(5) A victim service provider as defined by 34 U.S.C. §
12291(a)(43) or a provider of victim services as defined by 34
U.S.C. § 12291(a)(44).
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"Domestic or sexual violence." Any of the following:
(1) Conduct against a family or household member that
constitutes an offense under any of the following:
(i) 18 Pa.C.S. § 2504 (relating to involuntary
manslaughter).
(ii) 18 Pa.C.S. § 2701 (relating to simple assault).
(iii) 18 Pa.C.S. § 2702(a)(3), (4) or (5) (relating to
aggravated assault).
(iv) 18 Pa.C.S. § 2705 (relating to recklessly endangering
another person).
(v) 18 Pa.C.S. § 2706 (relating to terroristic threats).
(vi) 18 Pa.C.S. § 2709.1 (relating to stalking).
(vii) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
For the purpose of this paragraph, the term "family or household
member" shall have the same meaning as in 23 Pa.C.S. § 6102
(relating to definitions).
(2) Conduct that constitutes abuse as defined in 23 Pa.C.S.
§ 6102.
(3) Conduct that constitutes sexual violence as defined in
42 Pa.C.S. § 62A03 (relating to definitions).
(4) Dating violence, as defined in section 1553(f) of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
"Premises." A dwelling and the structure of which it is a
part. The term includes the exterior or interior areas:
(1) associated with the structure that are excluded from the
dwelling unit, including the fixtures, facilities and
appurtenances; and
(2) held out for the use of tenants generally or the use of
which is promised to the tenants.
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Section 3. This act shall take effect in six months.
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