HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY YAW, KITCHEN, FONTANA, M. WHITE, BRUBAKER, D. WHITE, FERLO AND BREWSTER, SEPTEMBER 29, 2011

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 21, 2012   

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 authority,

for qualifications, tenure and compensation of members of

authority and for organization of authority; and providing

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for whistleblower hotline, for requirements regarding tenants

and landlords in cities of the first class and for reporting

by authorities in cities of the first class.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 5(b) and 6 of the act of May 28, 1937

(P.L.955, No.265), known as the Housing Authorities Law, amended

March 21, 1968 (P.L.69, No.25) and July 15, 1968 (P.L.337,

No.163), are amended to read:

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

(b)  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 

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appoint [five citizens,] residents of the city[,] to be members

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of the housing authority of such city as follows--(1) that in

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cities of the first class, [the mayor shall appoint [two

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members, the city controller shall appoint two members, and the

four members, thus appointed, shall select a fifth member of

such Authority] nine persons to be members of the housing

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authority of such city members shall be appointed as provided in

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subsection (c); (2) that in cities of the second class, the

mayor shall appoint [two additional members for a total of] 

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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.

(c)  (1)  In cities of the first class, the mayor, with the

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approval of the majority of the members of council, shall

appoint a total of nine members, two of whom shall be residents

of housing owned or controlled by the Authority.

(2)  The two members required to be residents of housing

owned or controlled by the Authority shall be chosen pursuant to

a nomination process agreed upon by the mayor, council president

and the executive director of the Authority.

(3)  With respect to vacancies existing at the time this

subsection becomes effective, if council fails to act on any

proposed appointee to such a vacancy within sixty (60) days of

the mayor's submission of the proposed appointee to council, the

mayor may, without the approval of council, appoint such person

to be a member of the Authority; as many proposed appointees may

be appointed in this manner as may be necessary to bring

membership on this Authority to five members. A member appointed

without the approval of council may be subsequently approved by

council, or may be replaced by another member appointed by the

mayor, with the approval of the majority of the members of

council.

Section 6.  Qualifications, Tenure and Compensation of

Members of an Authority.--No more than two persons holding any

other paid public office shall be members of the same housing

authority at the same time. No elected official shall be a

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member of a housing authority in a city of the first class. 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, except that all members of the housing authority of

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a city of the first class shall serve for terms concurrent with

the term of the appointing mayor. Thereafter the term of office

shall be five years, except as otherwise provided with respect

to members of the housing authority of a city of the first

class. 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,

except that members of the housing authority of a city of the

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first class shall serve at the pleasure of the mayor of such

city effective January 4, 2016, in a city of the first class,

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the mayor of such city may, without cause, remove up to five

members of an Authority of such city during any calendar year,

with resulting vacancies to be filled pursuant to section 5(c);

removal of any member in excess of five in a single calendar

year shall be as otherwise provided in this section. 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.

Section 2.  Section 7 of the act is amended to read:

Section 7.  Organization of an Authority.--(a)  The members

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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 then in office

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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.

(b)  In an Authority in a city of the first class, the

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executive director and staff with executive duties who report

directly to either the executive director or members of the

Authority shall be at-will employes of the Authority and shall

serve at the pleasure of the members of the Authority. The

Authority shall not provide any payment or other thing of value

to such employes in connection with their separation from

employment, other than salary and benefits to which they are

entitled for regular employment through the date of separation.

Section 3.  The act is amended by adding sections to read:

Section 10.2.  Whistleblower Hotline.--An Authority of a city

of the first class shall maintain and monitor a whistleblower

hotline for the reporting of fraud, waste, abuse or any

wrongdoing in connection with the affairs of the Authority.

Section 13.1.  Requirements Regarding Tenants and Landlords

in Cities of the First Class.--(a)  An Authority of a city of

the first class shall take such measures as are necessary to

ensure compliance with all requirements imposed on the Authority

by Federal law regarding criminal activity by tenants and

prospective tenants, including, but not limited to, all

requirements regarding background checks.

(b)  (1)  An Authority of a city of the first class shall not

approve or renew any person or firm as a landlord in the Housing

Choice Voucher Program established pursuant to 24 CFR Pt. 982

(relating to section 8 tenant based assistance: housing choice

voucher program) if such person or firm is delinquent on any

property tax due with respect to the property for which approval

or renewal is sought.

(2)  For purposes of this subsection, a person or firm that

is current on a payment agreement with the taxing authority for

the property tax delinquency shall not be considered delinquent

with respect to the outstanding property tax liability covered

by such agreement, but a person or form that is in breach of

such agreement shall be considered delinquent.

Section 24.1.  Reporting by Authorities in Cities of the

First Class.--Any Authority in a city of the first class shall,

annually, no later than thirty (30) days after the end of the

fiscal year of the Authority, submit a comprehensive written

report to the Secretary of Community and Economic Development,

the Majority and Minority Leaders of the Senate, the chair and

minority chair of the Committee on Urban Affairs and Housing of

the Senate, the Majority and Minority Leaders of the House of

Representatives, the chair and minority chair of the Committee

on Urban Affairs of the House of Representatives, the Mayor and

the President of Council regarding the Authority's operations,

administration, management, finances, legal affairs, housing

production and development and other relevant activities. The

report shall be produced and approved by the members and the

executive director of the Authority.

Section 3 4.  This act shall take effect immediately in 60

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days.