AN ACT

 

1Amending the act of December 3, 1959 (P.L.1688, No.621),
2entitled, as amended, "An act to promote the health, safety
3and welfare of the people of the Commonwealth by broadening
4the market for housing for persons and families of low and
5moderate income and alleviating shortages thereof, and by
6assisting in the provision of housing for elderly persons
7through the creation of the Pennsylvania Housing Finance
8Agency as a public corporation and government
9instrumentality; providing for the organization, membership
10and administration of the agency, prescribing its general
11powers and duties and the manner in which its funds are kept
12and audited, empowering the agency to make housing loans to
13qualified mortgagors upon the security of insured and
14uninsured mortgages, defining qualified mortgagors and
15providing for priorities among tenants in certain instances,
16prescribing interest rates and other terms of housing loans,
17permitting the agency to acquire real or personal property,
18permitting the agency to make agreements with financial
19institutions and Federal agencies, providing for the purchase
20by persons of low and moderate income of housing units, and
21approving the sale of housing units, permitting the agency to
22sell housing loans, providing for the promulgation of
23regulations and forms by the agency, prescribing penalties
24for furnishing false information, empowering the agency to
25borrow money upon its own credit by the issuance and sale of
26bonds and notes and by giving security therefor, permitting
27the refunding, redemption and purchase of such obligations by
28the agency, prescribing remedies of holders of such bonds and
29notes, exempting bonds and notes of the agency, the income
30therefrom, and the income and revenues of the agency from
31taxation, except transfer, death and gift taxes; making such
32bonds and notes legal investments for certain purposes; and
33indicating how the act shall become effective," further

1providing for definitions and for fund.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Section 401-D of the act of December 3, 1959
5(P.L.1688, No.621), known as the Housing Finance Agency Law, is
6amended by adding a definition to read:

7Section 401-D. Definitions.

8The following words and phrases when used in this article
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"County." A county of the first, second, second class A,
12third, fourth, fifth, sixth, seventh or eighth class.

13* * *

14Section 2. Section 406-D of the act is amended by adding a
15subsection to read:

16Section 406-D. Fund.

17* * *

18(c) Optional county funding.--

19(1) The governing body of each county may, by ordinance,
20increase fees charged by the recorder of deeds for recording
21any documents except:

22(i) In counties of the second, second class A,
23third, fourth, fifth, sixth, seventh and eighth class,
24deeds and mortgages.

25(ii) In counties of the first class, deeds,
26mortgages and related mortgage documents that are or may
27be subject to 53 Pa.C.S. Ch. 60 Subch. C (relating to
28affordable housing programs and funding in cities of
29first class).

30(2) The governing body of each county shall notify the

1agency in writing upon adoption of an ordinance provided for
2under paragraph (1). The notice shall also include a list of
3the fees to be increased.

4(3) The additional fees levied by a governing body of a
5county of the second, second class A, third, fourth, fifth,
6sixth, seventh or eighth class under paragraph (1) shall not
7exceed 100% of the amounts charged under the act of June 12,
81919 (P.L.476, No.240), referred to as the Second Class
9County Recorder of Deeds Fee Law, or the act of April 8, 1982
10(P.L.310, No.87), referred to as the Recorder of Deeds Fee
11Law, on the effective date of this subsection. The additional
12fees levied by a governing body of a county of the first
13class under paragraph (1) shall not exceed 100% of the
14amounts charged by a city or county of the first class for
15recording documents other than deeds, mortgages and other
16related mortgage documents on the effective date of this
17subsection.

18(4) Money collected as a result of the fee imposed under
19this subsection shall be allocated as follows:

20(i) At least 75% of the money collected shall be
21deposited into the fund.

22(ii) A county may retain up to 25% of the money
23collected to be utilized for local affordable housing
24efforts, and may, at the discretion of the county,
25deposit the money into an account already established for
26such purpose under 53 Pa.C.S. § 6012 (relating to
27disposition of proceeds in counties).

28(5) The agency shall give preference to applications for
29funding under this subsection if the proposed project is
30located within a county that has enacted an ordinance under

1paragraph (1).

2Section 3. This act shall take effect in 60 days.