THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY THOMAS, CALTAGIRONE, W. KELLER, V. BROWN, MIRABITO, PAYTON AND QUINN, NOVEMBER 15, 2011

REFERRED TO COMMITTEE ON URBAN AFFAIRS, NOVEMBER 15, 2011  

AN ACT

Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as

amended, "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 appointment of members of an authority;

providing for members of an authority in cities of the first

class; further providing for qualifications, tenure and

compensation of members of an authority; providing for ethics

standards; and further providing for organization of an

authority.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5(b) of the act of May 28, 1937 (P.L.955,

No.265), known as the Housing Authorities Law, amended July 15,

1968 (P.L.337, No.163), is amended to read:

Section 5.  Appointment of Members of an Authority.--* * *

(b)  [The] Except as otherwise provided in section 5.1, the 

governing body of any city upon issuing a certificate declaring

the need for an Authority to operate in such city or upon

receiving notice of the issuance of such certificate by the

Governor, shall promptly notify the mayor of such certification.

Upon receiving such notice, the mayor, with the approval of the

majority of the members of council, shall appoint five citizens,

residents of the city, to be members of the housing authority of

such city--[(1) that in cities of the first class, the mayor

shall appoint two members, the city controller shall appoint two

members, and the four members, thus appointed, shall select a

fifth member of such Authority;] (2) that in cities of the

second class, the mayor shall appoint two additional members for

a total of seven members of the housing authority; (3) that in

cities of the third class, the mayor, with the approval of the

majority of the members of council, shall appoint five persons

to be members of the housing authority of such city, such

members shall be citizens residing within the city for which the

Authority is created.

Section 2.  The act is amended by adding a section to read:

Section 5.1.  Members of an Authority in Cities of the First

Class.--(a)  (1)  The governing body of any city of the first

class upon issuing a certificate declaring the need for an

Authority to operate in the city or upon receiving notice of the

issuance of such certificate by the Governor shall promptly

notify the mayor of such certification.

(2)  Upon issuance of such notice by the governing body of a

city of the first class and the notification of the mayor of

such certification, the Authority shall be composed of the

following members:

(i)  Five members appointed by the mayor of the city.

(ii)  Two members appointed by the governing body of the

city.

(iii)  Two members who shall be public housing residents,

nominated by a public housing resident advocacy organization

within the city and selected by a majority vote by the other

members of the Authority.

(3)  All members of the Authority must be citizens residing

within the city for which a particular housing authority has

been created.

(4)  The initial members of the Authority shall be appointed

or approved within ten days of the effective date of this

section. A member's term shall begin on the date of appointment.

The term of members appointed by the mayor and governing body of

the city shall be coterminous with that of the appointing power

and shall serve at the pleasure of the appointing power. Members

who are approved under paragraph (2)(iii) shall serve terms of

two years, shall be eligible for reappoint and may be removed

for cause by a unanimous vote of the appointed members of the

Authority. However, every member shall hold office until his

successor has been appointed. Vacancies among the members of the

Authority shall be filled promptly by the appointing or

selecting power.

(b)  Members of the Authority shall not receive compensation

for their services as members, but shall receive all necessary

expenses incurred in connection with the performance of his

duties as members.

Section 3.  Section 6 of the act, amended July 15, 1968

(P.L.337, No.163), is amended to read:

Section 6.  Qualifications, Tenure and Compensation of

Members of an Authority.--(a)  No more than two persons holding

any other paid public office shall be members of the same

housing authority at the same time. The members who are first

appointed shall serve for terms of one, two, three, four, and

five years, respectively, from the date of their appointment, as

shall be specified at the time of their appointment. Thereafter

the term of office shall be five years. The two additional

members to be appointed in cities of the second class shall

serve for terms of five years. A member shall hold office until

his successor has been appointed. Vacancies for unexpired terms

shall be promptly filled by the appointing power. A member may

be removed for cause by the court of quarter sessions of the

county in which the Authority is located after having been

provided with a copy of the charges against him for at least ten

days and full hearing by the court. A member shall receive no

compensation for his services, but he shall be entitled to the

necessary expenses, including travelling expenses incurred in

the discharge of his duties.

(b)  The provisions of subsection (a) shall not apply to an

Authority in a city of the first class.

Section 4.  The act is amended by adding a section to read:

Section 6.1.  Ethics Standards.--(a)  The members of an

Authority shall be deemed public officials under 65 Pa.C.S. Ch.

11 (relating to ethics standards and financial disclosure).

(b)  A person serving in a position with an Authority who

meets the definition of the term "public official" as set forth

in 65 Pa.C.S. § 1102 (relating to definitions) shall be deemed a

public official under 65 Pa.C.S. Ch. 11.

(c)  An employe of an Authority who meets the definition of

the term "public employee" as set forth in 65 Pa.C.S. § 1102

shall be deemed a public employe under 65 Pa.C.S. Ch. 11.

Section 5.  Section 7 of the act is amended to read:

Section 7.  Organization of an Authority.--The members of an

Authority shall select from among themselves a chairman and a

vice-chairman. The Authority may employ a secretary, such

technical experts, and such other officers, agents, and

employes, permanent or temporary, as it may require, and may

determine the qualifications of such persons. Three members of

an Authority shall constitute a quorum for its meetings, except

that a majority of the members of the Authority in a city of the

first class shall constitute a quorum for meetings of such an

Authority. Any Authority may employ its own counsel and legal

staff. Members of an Authority shall not be liable personally on

the bonds or other obligations of the Authority, and the rights

of creditors shall be solely against such Authority. An

Authority may delegate to one or more of its agents or employes

such of its powers as it shall deem necessary to carry out the

purposes of this act, subject always to the supervision and

control of the Authority.

Section 6.  This act shall take effect in 60 days.