THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BLAKE, FONTANA, WASHINGTON, FERLO, SOLOBAY, COSTA, FARNESE, GORDNER, YUDICHAK AND TARTAGLIONE, JANUARY 3, 2012

REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 3, 2012  

AN ACT

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

entitled, as amended, "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," further

providing for definition and for fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 401-D of the act of December 3, 1959

(P.L.1688, No.621), known as the Housing Finance Agency Law, is

amended by adding a definition to read:

Section 401-D.  Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"County."  A county of the first, second, second A, third,

fourth, fifth, sixth, seventh or eighth class.

* * *

Section 2.  Section 406-D of the act is amended by adding a

subsection to read:

Section 406-D.  Fund.

* * *

(c)  Optional county funding.--

(1)  The governing body of each county may, by ordinance,

increase fees charged by the recorder of deeds for recording

any documents except:

(i)  In counties of the second, second A, third,

fourth, fifth, sixth, seventh and eighth class, deeds and

mortgages.

(ii)  In counties of the first class, deeds,

mortgages and related mortgage documents that are or may

be subject to 53 Pa.C.S. Ch. 60 Subch. C (relating

affordable housing programs and funding in cities of the

first class).

(2)  The governing body of each county shall notify the

agency in writing upon adoption of an ordinance provided for

under paragraph (1). The notice shall also include a list of

the fees to be increased.

(3)  The additional fees levied by a governing body of a

county of the second, second A, third, fourth, fifth, sixth,

seventh or eighth class under paragraph (1) shall not exceed

100% of the amounts charged under the act of June 12, 1919

(P.L.476, No.240), referred to as the Second Class County

Recorder of Deeds Fee Law, or the act of April 8, 1982

(P.L.310, No.87), referred to as the Recorder of Deeds Fee

Law, on the effective date of this subsection. The additional

fees levied by a governing body of a county of the first

class under paragraph (1) shall not exceed 100% of the

amounts charged by a city or county of the first class for

recording documents other than deeds, mortgages and other

related mortgage documents on the effective date of this

subsection.

(4)  Money collected as a result of the fee imposed under

this subsection shall be allocated as follows:

(i)  At least 75% of the money collected shall be

deposited into the fund.

(ii)  A county may retain up to 25% of the money

collected to be utilized for local affordable housing

efforts, and may, at the discretion of the county,

deposit the money into an account already established for

such purpose under 53 Pa.C.S. § 6012 (relating to

disposition of proceeds in counties).

(5)  The agency shall give preference to applications for

funding under this subsection if the proposed project is

located within a county that has enacted an ordinance under

paragraph (1).

Section 3.  This act shall take effect in 60 days.