PRIOR PRINTER'S NO. 3182 PRINTER'S NO. 3733
No. 2454 Session of 1992
INTRODUCED BY EVANS, WILLIAMS, THOMAS, CARN, DeWEESE, FLICK,
VROON, SAURMAN, ROBINSON, OLIVER, HARPER, JOSEPHS, LINTON,
KOSINSKI, ROEBUCK, D. R. WRIGHT, ARNOLD, SCRIMENTI,
F. TAYLOR, MIHALICH, MELIO, STEELMAN, CAPPABIANCA, McHALE,
TRICH, PRESTON, WAMBACH, CLARK, MICHLOVIC, KRUSZEWSKI,
LEVDANSKY, PISTELLA, VEON, BELARDI, RICHARDSON, JAMES,
LaGROTTA, DONATUCCI AND RIEGER, MARCH 10, 1992
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 1992
AN ACT
1 Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
2 amended, "An act to promote public health, safety, morals,
3 and welfare by declaring the necessity of creating public
4 bodies, corporate and politic, to be known as housing
5 authorities to engage in slum clearance, and to undertake
6 projects, to provide dwelling accommodations for persons of
7 low income; providing for the organization of such housing
8 authorities; defining their powers and duties; providing for
9 the exercise of such powers, including the acquisition of
10 property by purchase, gift or eminent domain, the renting and
11 selling of property, and including borrowing money, issuing
12 bonds, and other obligations, and giving security therefor;
13 prescribing the remedies of obligees of housing authorities;
14 authorizing housing authorities to enter into agreements,
15 including agreements with the United States, the
16 Commonwealth, and political subdivisions and municipalities
17 thereof; defining the application of zoning, sanitary, and
18 building laws and regulations to projects built or maintained
19 by such housing authorities; exempting the property and
20 securities of such housing authorities from taxation; and
21 imposing duties and conferring powers upon the State Planning
22 Board, and certain other State officers and departments,"
23 further providing for the appointment and removal of and for
24 restrictions and limitations on members, executive directors
25 and employees; and further providing for the powers and <--
26 duties of authorities and transferring administrative
27 responsibilities to the Department of Community Affairs; AND <--
28 MAKING A REPEAL.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. The title of the act of May 28, 1937 (P.L.955,
4 No.265), known as the Housing Authorities Law, amended May 20,
5 1949 (P.L.1614, No.486), is amended to read:
6 AN ACT
7 To promote public health, safety, morals, and welfare by
8 declaring the necessity of creating public bodies, corporate
9 and politic, to be known as housing authorities to engage in
10 slum clearance, and to undertake projects, to provide
11 dwelling accommodations for persons of low income; providing
12 for the organization of such housing authorities; defining
13 their powers and duties; providing for the exercise of such
14 powers, including the acquisition of property by purchase,
15 gift or eminent domain, the renting and selling of property,
16 and including borrowing money, issuing bonds, and other
17 obligations, and giving security therefor; prescribing the
18 remedies of obligees of housing authorities; authorizing
19 housing authorities to enter into agreements, including
20 agreements with the United States, the Commonwealth, and
21 political subdivisions and municipalities thereof; defining
22 the application of zoning, sanitary, and building laws and
23 regulations to projects built or maintained by such housing
24 authorities; exempting the property and securities of such
25 housing authorities from taxation; and imposing duties and
26 conferring powers upon the [State Planning Board] Department
27 of Community Affairs, and certain other State officers and
28 departments.
29 Section 2. Section 2 of the act, amended December 22, 1965
30 (P.L.1167, No.461), is amended to read:
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1 Section 2. Findings and Declaration of Policy.--It has been
2 determined by the General Assembly of this Commonwealth, and it
3 is hereby declared as a matter of legislative finding that--
4 (a) There exists in urban and rural communities[, within the
5 various counties of this Commonwealth, numerous slums and
6 unsafe, unsanitary, inadequate or overcrowded dwellings, which
7 conditions are accompanied and aggravated by] throughout this
8 Commonwealth an acute shortage of decent, safe, and sanitary
9 dwellings within the financial reach of persons of very low and
10 low income, such conditions arising from overcrowding,
11 dilapidation, faulty construction, obsolete buildings, lack of
12 proper light, air, and sanitary facilities.
13 [(b) The existence of any of the above enumerated conditions
14 is prejudicial to the welfare of the people of this Commonwealth
15 because such conditions--(1) encourage the spread of disease and
16 impair public health and morals; (2) increase the hazards of
17 fires, accidents, and other calamities which result in loss of
18 life and property; (3) subject the moral standards of the people
19 to bad influences which have permanent deleterious social
20 effects; (4) increase the violation of the criminal laws of the
21 Commonwealth so as to jeopardize the safety and well-being of
22 the inhabitants thereof; (5) necessitate the expenditure of vast
23 sums of public money, both by the Commonwealth and local
24 governmental bodies, for the purpose of crime prevention,
25 punishment, and correction, fire and accident prevention, public
26 health service and relief.
27 (c) The failure to remedy the acute dwelling shortage is
28 directly related to the stagnation of business activity in the
29 construction, durable goods, and allied industries which are
30 conducted within this Commonwealth, and the stagnation of which
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1 has produced serious and prolonged unemployment, with all its
2 injurious effects upon the welfare of the inhabitants of this
3 Commonwealth.]
4 (b) The lack of decent, safe, sanitary and affordable
5 housing is detrimental to the welfare of the citizens of this
6 Commonwealth.
7 (c) Ensuring access to decent housing for very low and low
8 income families and improving housing opportunities for all
9 residents, particularly disadvantaged minorities, will promote <--
10 the general health, safety and welfare of the citizens of this
11 Commonwealth.
12 (d) Requiring greater tenant participation and <--
13 responsibilities and encouraging tenant management within public
14 and assisted housing combined with the provision of family
15 (D) PROVIDING FOR THE COORDINATED DELIVERY OF HEALTH AND <--
16 SOCIAL SERVICES IN OR NEAR PUBLIC OR PUBLIC ASSISTED HOUSING BY
17 FEDERAL, STATE OR LOCAL GOVERNMENT WILL FURTHER PROMOTE THE
18 GENERAL HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THIS
19 COMMONWEALTH.
20 (E) ENCOURAGING GREATER OPPORTUNITY FOR TENANT PARTICIPATION
21 AND TENANT MANAGEMENT WITHIN PUBLIC AND ASSISTED HOUSING AND
22 ENCOURAGING THE PROVISION OF FAMILY investment centers and self-
23 sufficiency programs which offer educational and employment
24 opportunities will promote economic independence for public
25 housing tenants which further promotes the general welfare of
26 this Commonwealth.
27 (e) (F) Increasing the supply of supportive housing which <--
28 combines structural features and services needed to enable
29 persons with special needs PHYSICAL OR MENTAL DISABILITIES to <--
30 live with dignity and independence also promotes the general
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1 welfare of this Commonwealth.
2 [(d)] (f) (G) Private industry alone has been and now is <--
3 unable to overcome the obstacles which have prevented and are
4 now preventing it from clearing slum areas and relieving the
5 shortage of decent, safe, and sanitary dwellings for persons of
6 very low and low income, and the construction, pursuant to this
7 act, of housing projects for persons of very low and low income
8 would therefore not be competitive with private enterprise.
9 Therefore, it is hereby declared to be the policy of the
10 Commonwealth of Pennsylvania to promote the health [and],
11 safety, housing opportunities and general welfare of the
12 inhabitants thereof by providing for the creation of corporate
13 and politic bodies to be known as public housing authorities <--
14 which shall exist and operate as public instrumentalities of the
15 Commonwealth. The public purposes for which such authorities
16 shall operate shall be--(1) the clearance, replanning, and
17 reconstruction of the areas in which slums exist; (2) the
18 providing of safe and sanitary dwelling accommodations for
19 persons of very low and low income through new construction; or
20 through the reconstruction, restoration, reconditioning,
21 remodeling or repair of existing structures[, so as to prevent
22 recurrence of the economically and socially disastrous
23 conditions hereinbefore described; and (3)]; or through a system
24 of housing rental subsidies; (3) providing for and encouraging <--
25 tenant participation in the management of authority affairs
26 through the development of tenant councils and tenant management
27 TO ENCOURAGE GREATER OPPORTUNITY FOR TENANT PARTICIPATION IN AND <--
28 TENANT MANAGEMENT OF AUTHORITY AFFAIRS THROUGH TENANT COUNCILS,
29 AUTHORITY-WIDE TENANT ORGANIZATIONS AND TENANT MANAGEMENT
30 corporations and other means; (4) providing TO PROVIDE families <--
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1 living in public housing with better access to educational and
2 employment opportunities to achieve self-sufficiency and
3 economic independence; (5) providing for homeownership <--
4 opportunities for public housing tenants; (6) providing and
5 maintaining a TO ENCOURAGE AND OFFER HOMEOWNERSHIP OPPORTUNITIES <--
6 FOR PUBLIC HOUSING TENANTS IN A MANNER WHICH PRESERVES THE
7 NUMBER OF PUBLIC HOUSING UNITS OWNED BY EACH AUTHORITY; (6) TO
8 PROVIDE AND MAINTAIN A stabilized supply of decent, safe and
9 sanitary housing which is affordable to very low and low income
10 families; and (7) the accomplishment of a combination of the
11 foregoing. Such purposes are hereby declared to be public uses
12 for which public money may be spent, and private property
13 acquired by the exercise of the power of eminent domain.
14 Section 3. Section 3(a), (o) and (q) of the act are amended
15 and the section is amended by adding a definition DEFINITIONS to <--
16 read:
17 Section 3. Definitions.--The following words, terms, and
18 phrases, where used or referred to in this act, shall have the
19 meanings ascribed to them in this section, except in those
20 instances where the context clearly indicates a different
21 meaning:
22 (a) ["Authority" or "Housing Authority."] "AUTHORITY," <--
23 "HOUSING AUTHORITY" OR "LOCAL HOUSING AUTHORITY." A public
24 [body] instrumentality of the Commonwealth and a body corporate
25 and politic created and organized, in accordance with the
26 provisions of this act, for the purposes, with the powers, and
27 subject to the restrictions hereinafter set forth.
28 (A.1) "AFFILIATED ENTITY." ANY ENTITY DIRECTLY OR <--
29 INDIRECTLY CONTROLLED BY THE HOUSING AUTHORITY BOARD, CERTAIN
30 HOUSING AUTHORITY BOARD MEMBERS, THE EXECUTIVE DIRECTOR OF A
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1 HOUSING AUTHORITY OR MANAGEMENT-LEVEL EMPLOYES OF A HOUSING
2 AUTHORITY.
3 (A.2) "AUTHORITY-WIDE TENANT ORGANIZATION." FOR CITIES OF
4 THE FIRST CLASS, AN ORGANIZATION CONSISTING OF TENANT COUNCILS
5 REPRESENTATIVES FROM AT LEAST TEN PUBLIC HOUSING DEVELOPMENTS.
6 * * *
7 (o) "Persons of Very Low or Low Income." Persons or
8 families whose income shall not exceed the amount specified in
9 [section thirteen] the United States Housing Act of 1937 50
10 Stat. 888, 42 U.S.C. 1401 et seq, as amended or the Cranston-
11 Gonzalez National Affordable Housing Act, (Public Law 101-625,
12 42 U.S.C. § 12701 et seq.) or any regulations thereunder.
13 * * *
14 (p.1) "Rental Subsidies." Tenant-based or project-based
15 rental assistance payments whether in the form of a voucher,
16 certificate, contract or similar housing subsidy.
17 (q) "Slums." Any area in which there is a predominance of
18 structures which, by reason of dilapidation, overcrowding,
19 faulty arrangement or design, lack of ventilation, light or
20 sanitary facilities, or any combination of these factors, are
21 detrimental to safety, health, and [morals] general welfare.
22 * * *
23 Section 4. Section 4(a) and (e) of the act, amended May 20,
24 1949 (P.L.1614, No.486), are amended to read:
25 Section 4. Formation of Housing Authorities.--(a) There are
26 hereby created separate and distinct bodies, corporate and
27 politic, instrumentalities of the Commonwealth exercising public
28 powers of the Commonwealth, one for each city (as herein
29 defined), and one for each of the counties of the Commonwealth.
30 Each such Authority may be known as the housing authority of the
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1 city or the county, as the case may be, but shall in no way be
2 deemed to be an instrumentality of such city or county, or
3 engaged in the performance of a municipal function. Each such
4 Authority shall transact no business or otherwise become
5 operative until and unless a finding is made, as hereinafter
6 provided in this section.
7 * * *
8 (e) The governing body or the Governor, as the case may be,
9 shall cause the aforesaid certificate to be filed with the
10 Department of State and a duplicate thereof with the [State
11 Planning Board] Department of Community Affairs. Whenever the
12 Governor shall issue a certificate, in the manner hereinbefore
13 prescribed, declaring the need for an Authority to operate
14 within any city or county, he shall notify the governing body of
15 such city or county of such action.
16 * * *
17 Section 5. Sections 5(b) and 6 of the act, amended 5 AND 6 <--
18 OF THE ACT, AMENDED MARCH 21, 1968 (P.L.69, NO.25) AND July 15,
19 1968 (P.L.337, No.163), are amended to read:
20 Section 5. Appointment of Members of an Authority.--* * * <--
21 SECTION 5. APPOINTMENT OF MEMBERS OF AN AUTHORITY.--(A) THE <--
22 BOARD OF COUNTY COMMISSIONERS FOR ANY COUNTY UPON ISSUING A
23 CERTIFICATE DECLARING THE NEED FOR AN AUTHORITY TO OPERATE IN
24 SUCH COUNTY OR UPON RECEIVING NOTICE OF THE ISSUANCE OF SUCH
25 CERTIFICATE BY THE GOVERNOR, SHALL APPOINT FIVE CITIZENS,
26 RESIDENTS OF THE COUNTY, TO BE MEMBERS OF THE HOUSING AUTHORITY
27 WHICH IS TO OPERATE WITHIN SUCH COUNTY. SUCH MEMBERS SHALL BE
28 CITIZENS RESIDING WITHIN THE COUNTY FOR WHICH THE AUTHORITY IS
29 CREATED[.] AND AT LEAST ONE SUCH MEMBER SHALL BE A CURRENT
30 TENANT OF PUBLIC HOUSING. UPON THE EXPIRATION OF THE FIRST
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1 AUTHORITY MEMBER'S TERM WHICH EXPIRES AFTER THE EFFECTIVE DATE
2 OF THIS ACT, SUCH TERM SHALL BE FILLED BY A CURRENT TENANT. THE
3 BOARD OF COUNTY COMMISSIONERS SHALL CONSULT WITH ANY EXISTING
4 TENANT ORGANIZATION AND TENANT COUNCILS FOR THE PURPOSE OF
5 SOLICITING AND RECEIVING RECOMMENDATIONS FOR THE TENANT BOARD
6 MEMBER. IN ADDITION, ANY CURRENT TENANT MAY SUBMIT WRITTEN
7 RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS FOR THE
8 TENANT BOARD MEMBER.
9 (b) (1) The governing body of any city upon issuing a <--
10 certificate declaring the need for an Authority to operate in
11 such city or upon receiving notice of the issuance of such
12 certificate by the Governor, shall promptly notify the mayor of
13 such certification. Upon receiving such notice, [the mayor, with
14 the approval of the majority of the members of council, shall
15 appoint five citizens, residents of the city, to be members of
16 the housing authority of such city--(1) that in cities of the
17 first class, the mayor shall appoint two members, the city
18 controller shall appoint two members, and the four members, thus
19 appointed, shall select a fifth member of such Authority; (2)
20 that in cities of the second class, the mayor shall appoint two
21 additional members for a total of seven members of the housing
22 authority; (3) that in cities of the third class, the mayor,
23 with the approval of the majority of the members of council,
24 shall appoint five persons to be members of the housing
25 authority of such city, such members shall be citizens residing
26 within the city for which the Authority is created.]
27 appointments of members to the housing authority of such city
28 shall be made as follows--(1) (I) in cities of the first class, <--
29 the members currently serving on the authority board on the
30 effective date of this act shall continue to serve in that
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1 capacity until their respective terms expire without
2 modification of the length of term or other conditions of
3 service under which they were originally appointed. Upon
4 expiration of the terms of the two members currently appointed <--
5 by the city controller, their successors shall be appointed by
6 the president of city council. Upon the expiration of the term
7 of the two members currently appointed by the mayor, their
8 successors shall continue to be appointed by the mayor. These
9 four members shall pick a fifth member who shall be a current
10 tenant of public housing in the city of the first class.
11 EXPIRATION OF THESE TERMS, THEIR SUCCESSORS SHALL BE APPOINTED <--
12 BY THE MAYOR WITH THE APPROVAL OF THE MAJORITY OF MEMBERS OF
13 COUNCIL. IN ADDITION, WITHIN THIRTY (30) DAYS OF THE EFFECTIVE
14 DATE OF THIS ACT, TWO ADDITIONAL MEMBERS SHALL BE APPOINTED FOR
15 A TOTAL OF SEVEN MEMBERS. THESE TWO ADDITIONAL MEMBERS SHALL BE
16 CURRENT TENANTS OF THE AUTHORITY AND SHALL BE APPOINTED BY THE
17 AUTHORITY-WIDE TENANT ORGANIZATION, OR IF THERE ARE TWO SUCH
18 TENANT ORGANIZATIONS, EACH SHALL APPOINT ONE TENANT BOARD
19 MEMBER. IF NO AUTHORITY-WIDE TENANT ORGANIZATION EXISTS, THE
20 MAYOR SHALL, WITH THE APPROVAL OF THE MAJORITY OF MEMBERS OF
21 COUNCIL, APPOINT THE TWO TENANT MEMBERS TO THE BOARD. All
22 members shall be residents of the city for which the Authority
23 is created; (2) (II) in cities of the second class, the mayor <--
24 shall, with the approval of the majority of members of council,
25 appoint five citizens who are residents of the city for which
26 the Authority is created. In addition, the mayor shall appoint
27 two additional members for a total of seven members. At least
28 one of the seven members shall be a current tenant of public
29 housing; and (3) (III) in cities of the third class, the mayor <--
30 shall, with the approval of the majority of the members of
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1 council, appoint five citizens who are residents of the city for
2 which the Authority is created. At least one of the five members
3 shall be a current tenant of public housing; AND (IV) IN CITIES <--
4 OF THE THIRD CLASS OPERATING UNDER A HOME RULE CHARTER OR
5 OPTIONAL PLAN, APPOINTMENTS TO THE AUTHORITY SHALL BE DETERMINED
6 BY THE PROVISIONS STIPULATED IN THE HOME RULE CHARTER OR
7 OPTIONAL PLAN. THE AUTHORITY SHALL CONSIST OF FIVE CITIZENS WHO
8 ARE RESIDENTS OF THE CITY FOR WHICH THE AUTHORITY IS CREATED. AT
9 LEAST ONE OF THE FIVE MEMBERS SHALL BE A CURRENT TENANT OF
10 PUBLIC HOUSING.
11 (2) IN CITIES OF THE SECOND AND THIRD CLASS, UPON THE
12 EXPIRATION OF THE FIRST AUTHORITY MEMBER'S TERM WHICH EXPIRES
13 AFTER THE EFFECTIVE DATE OF THIS ACT, SUCH TERM SHALL BE FILLED
14 WITH A CURRENT TENANT. THE MAYOR OF THE SECOND OR THIRD CLASS
15 CITY SHALL CONSULT WITH ANY EXISTING TENANT ORGANIZATIONS AND
16 TENANT COUNCILS FOR THE PURPOSE OF SOLICITING AND RECEIVING
17 RECOMMENDATIONS FOR THE TENANT BOARD MEMBER. IN ADDITION, ANY
18 CURRENT TENANT MAY SUBMIT WRITTEN RECOMMENDATIONS TO THE MAYOR
19 FOR THE TENANT BOARD MEMBER.
20 Section 6. Qualifications, Tenure and Compensation of
21 Members of an Authority.--[No more than two persons holding any <--
22 other paid public office shall be members of the same housing
23 authority at the same time. The] <--
24 (a) Except for members serving on the board of a housing
25 authority on the effective date of this act, elected public
26 officials cannot serve as a member to any housing authority. Any
27 elected public official serving as a member of a housing
28 authority on the effective date of this act may continue to
29 serve in that capacity for the duration of his or her term. Upon
30 the expiration of such term, the public official cannot be
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1 reappointed to a housing authority. Except in cities of the
2 first class, the members who are first appointed shall serve for
3 terms of one, two, three, four, and five years, respectively,
4 from the date of their appointment, as shall be specified at the
5 time of their appointment. Thereafter the term of office shall
6 be five years. The two additional members to be appointed in
7 cities of the second class shall serve for terms of five years.
8 (b) In cities of the first class, the members currently
9 serving on the Authority on the effective date of this act shall
10 continue to serve for the duration of their respective terms.
11 Thereafter, members appointed pursuant to section 5(b)(1) shall
12 serve for a term of four years. In cities of the first class,
13 the members appointed to a housing authority by the mayor and <--
14 the president of city council shall have experience in the areas
15 of housing development, real estate maintenance, property
16 management or social services. Members shall serve at the <--
17 pleasure of his or her appointing Authority. MANAGEMENT, <--
18 ECONOMIC DEVELOPMENT, SOCIAL SERVICES OR SHALL HAVE ACHIEVED
19 RELEVANT EXPERIENCE THROUGH PARTICIPATION IN PUBLIC HOUSING
20 TENANT ORGANIZATIONS.
21 (c) [A member shall hold office until his successor has been <--
22 appointed.] Vacancies for EXPIRED AND unexpired terms shall be <--
23 promptly filled by the appointing power. Members of an Authority <--
24 may be reappointed to a subsequent term; however, no member
25 shall serve more than two terms. MEMBERS APPOINTED TO FILL A <--
26 VACANCY OCCURRING PRIOR TO THE EXPIRATION OF A TERM SHALL SERVE
27 THE UNEXPIRED TERM.
28 (d) A member may be removed for cause by the court of
29 [quarter sessions] common pleas of the county in which the
30 Authority is located after having been provided with a copy of
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1 the charges against him for at least ten days and full hearing
2 by the court. AN ACTION SEEKING REMOVAL FOR CAUSE MAY BE <--
3 COMMENCED BY THE APPOINTING AUTHORITY OR TENANTS OF THE
4 AUTHORITY.
5 (D.1) WHEN THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
6 DEVELOPMENT HAS FULLY TAKEN OVER A LOCAL HOUSING AUTHORITY DUE
7 TO A SUBSTANTIAL BREACH OR SUBSTANTIAL DEFAULT PURSUANT TO THE
8 ANNUAL CONTRIBUTIONS CONTRACT, ALL TERMS OF THE CURRENTLY
9 SERVING BOARD MEMBERS OF THE HOUSING AUTHORITY SHALL IMMEDIATELY
10 EXPIRE. A NEW BOARD SHALL BE CONSTITUTED PURSUANT TO THE
11 PROVISIONS OF SECTION 5.
12 (e) A member shall receive no compensation for his services,
13 but he shall be entitled to the necessary expenses, including
14 travelling expenses incurred in the discharge of his duties.
15 Section 6. Section 7 of the act is amended to read:
16 Section 7. Organization of an Authority.--The members of an
17 Authority shall select from among themselves a chairman and a
18 vice-chairman. The Authority may employ a secretary, such
19 technical experts, and such other officers, agents, and
20 employes, permanent or temporary, as it may require, and may
21 determine the qualifications of such persons. Three members of
22 an Authority shall constitute a quorum for its meetings. The act
23 of July 3, 1986 (P.L.388, No.84), known as the "Sunshine Act,"
24 shall apply to the members of an Authority. Any Authority OR AN <--
25 AFFILIATED ENTITY may employ its own counsel and legal staff.
26 Members of an Authority shall not be liable personally on the
27 bonds or other obligations of the Authority, and the rights of
28 creditors shall be solely against such Authority. An Authority
29 may delegate to one or more of its agents or employes such of
30 its powers as it shall deem necessary to carry out the purposes
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1 of this act, subject always to the supervision and control of
2 the Authority.
3 Section 7. The act is amended by adding a section to read:
4 Section 7.1. Public Housing Tenant Advisory Boards.--(a) <--
5 Each housing authority shall provide for the creation of a
6 tenant advisory board. Each tenant council or tenant management
7 corporation shall elect one tenant to serve on the advisory
8 board. Tenants selected shall serve for a term of two years. To
9 the maximum extent practicable, the members of the tenant
10 advisory board shall be representative of the various
11 neighborhoods and communities served by the housing authority;
12 the different types of housing units including high rises, low
13 rises and scattered sites; and the different individuals served
14 by the authority including families, senior citizens and persons
15 with disabilities.
16 (b) Each tenant advisory board shall select from among
17 themselves a chair, vice-chair, secretary and any other officers
18 it deems necessary. The advisory board may adopt internal rules
19 and procedures necessary for conducting its business. The
20 housing authority shall provide meeting space and secretarial
21 support for the tenant advisory board.
22 (c) The tenant advisory board shall work in partnership with
23 the housing authority board and the executive director of the
24 Authority and provide advice on any and all matters affecting
25 public housing tenants PARTICIPATION.--EACH HOUSING AUTHORITY <--
26 SHALL PROVIDE OPPORTUNITIES FOR TENANT PARTICIPATION AND TENANT
27 MANAGEMENT WHICH SHALL INCLUDE SOLICITING MEANINGFUL AND TIMELY
28 ADVICE ON ANY AND ALL MATTERS AFFECTING PUBLIC HOUSING TENANTS
29 AND OTHER ASSISTED HOUSING TENANTS, including, but not limited
30 to: tenant leases, tenant selection and tenant removal criteria;
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1 personal and physical safety and security issues; physical
2 conditions of the housing units; housing management policies and
3 strategies; RENOVATION, SALE, DEMOLITION OR RECONFIGURATION OF <--
4 PUBLIC HOUSING UNITS; TRANSFER OF MANAGEMENT RESPONSIBILITIES TO
5 OTHER ENTITIES; family investment centers, self-sufficiency
6 programs and homeownership opportunities; performance goals and
7 measurements. The housing authority board and the executive
8 director of the Authority shall insure that the tenant advisory <--
9 board is TENANTS ARE given an opportunity to provide meaningful <--
10 and timely advice, and the Authority board and executive
11 director shall fully consider this advice when making policy and
12 management decisions on behalf of the Authority.
13 Section 8. Section 8 of the act, amended May 20, 1949
14 (P.L.1614, No.486), is amended to read:
15 Section 8. Interested Members or Employes.--No member or
16 employe of an Authority shall acquire any interest, direct or
17 indirect, in any housing project or in any property included or
18 planned to be included in any project, nor shall he have any
19 interest, direct or indirect, in any contract or proposed
20 contract for materials or services to be furnished or used in
21 connection with any housing project. If any member or employe of
22 an Authority owns or controls an interest, direct or indirect,
23 in any property included or planned to be included in any
24 housing project of the Authority, or has any such interest in
25 any contract for material or services to be furnished or used in
26 connection with any housing project, he shall immediately
27 disclose the same in writing to the Authority, and such
28 disclosure shall be entered in writing upon the minute books of
29 the Authority. Failure so to disclose such interest shall
30 constitute misconduct in office. Any such undisclosed profit,
19920H2454B3733 - 15 -
1 which results to any member or employe of an Authority, shall
2 render such member or employe liable to surcharge in favor of
3 the Authority to the full amount of such profit. Such profit
4 need not be realized in order to fall within the meaning of this
5 section. Proceedings to surcharge any member or employe may be
6 instituted by an Authority or by the [State Planning Board]
7 Department of Community Affairs ATTORNEY GENERAL on its behalf <--
8 with or without its consent.
9 Section 9. The act is amended by adding sections to read:
10 Section 8.1. Interests of Public Officials and Party
11 Officers.--(a) The members of a housing authority board and the
12 executive director of a housing authority cannot seek or hold a
13 position as any other public official within this Commonwealth <--
14 or as a party officer while in the service of the Authority.
15 Members of a housing authority board and the executive director
16 of a housing authority shall not seek election as public
17 officials or party officers for one year after their service
18 with the Authority. Members of a housing authority and the
19 executive director of a housing authority may serve as
20 appointive public officials any time after their periods of
21 service with the Authority. POSITION AS A PARTY OFFICER WHILE IN <--
22 THE SERVICE OF THE AUTHORITY. NOR SHALL MEMBERS OF A HOUSING
23 AUTHORITY BOARD AND THE EXECUTIVE DIRECTOR OF A HOUSING
24 AUTHORITY SEEK ELECTION AS A PARTY OFFICER FOR ONE YEAR AFTER
25 THEIR SERVICE WITH THE AUTHORITY.
26 (b) Employes of a housing authority shall not seek or hold
27 other positions as public officials or party officers while in
28 the employ of the Authority.
29 (c) The provisions of this section shall apply to members or
30 executive directors or employes who are appointed or reappointed
19920H2454B3733 - 16 -
1 or hired on or after the effective date of this section.
2 (d) As used in this section, the following words and phrases
3 shall have the meanings given to them in this subsection:
4 "Party officer." The following members or officers of any
5 political party--(1) a member of a national committee; (2) a
6 chair, vice-chair, secretary, treasurer or counsel of a State
7 committee or member of the executive committee of a State
8 committee; (3) a county chair, vice-chair, counsel, secretary or
9 treasurer of a county committee; or (4) a city chair, vice-
10 chair, counsel, secretary or treasurer of a city committee.
11 "Public official." Any elected or appointed official in the
12 executive, legislative or judicial branch of the State or any
13 political subdivision thereof, provided that it shall not
14 include members of advisory boards that have no authority to
15 expend public funds other than reimbursement for personal
16 expenses or to otherwise exercise the power of the State or any
17 political subdivision thereof. The term "public official" shall
18 include only an appointed official who receives compensation in
19 addition to reimbursement for actual expenses.
20 Section 8.2. Statutes Applying to Housing Authorities.--The
21 provisions of the act of October 4, 1978 (P.L.883, No.170),
22 referred to as the Public Official and Employee Ethics Law, and
23 the act of July 19, 1957 (P.L.1017, No.451), known as the "State
24 Adverse Interest Act," are hereby made specifically applicable
25 to the board members, officers and MANAGEMENT-LEVEL employes of <--
26 a housing authority AND AN AFFILIATED ENTITY. For the purposes <--
27 of application of such acts, MANAGEMENT-LEVEL employes of an <--
28 authority shall be regarded as public employes of the
29 Commonwealth and officers or board members of the Authority
30 shall be regarded as public officials of the Commonwealth,
19920H2454B3733 - 17 -
1 whether or not they receive compensation. An Authority AND <--
2 AFFILIATED ENTITIES shall also be subject to the act of July 3,
3 1986 (P.L.388, No.84), known as the "Sunshine Act," relating to
4 notice and open meetings and the act of June 21, 1957 (P.L.390,
5 No.212), referred to as the Right-to-Know Law, relating to the
6 inspection and copying of public records.
7 Section 10. Section 9 of the act, amended May 20, 1949
8 (P.L.1614, No.486), is amended to read:
9 Section 9. Filing of Charges Against Members or Employes.--
10 Any obligee of an Authority may file with the appointing power
11 or with the [State Planning Board] Department of Community <--
12 Affairs ATTORNEY GENERAL written charges that the Authority, or <--
13 any member or employe of an Authority, is violating section
14 eight of this act, or any other law of the Commonwealth.
15 Section 11. The heading AND SUBSECTION (FF) of section 10 of <--
16 the act is, ADDED OCTOBER 5, 1980 (P.L.690, NO.140), ARE amended <--
17 and the section is amended by adding subsections to read:
18 Section 10. Powers and Duties of an Authority.--An Authority
19 shall constitute a public body, corporate and politic,
20 exercising public powers of the Commonwealth as an agency
21 thereof, which powers shall include all powers necessary or
22 appropriate to carry out and effectuate the purpose and
23 provisions of this act, including the following powers, in
24 addition to others herein granted:
25 * * *
26 (FF) IN THE CITY OF THE FIRST CLASS, TO APPOINT [SECURITY] <--
27 POLICE OFFICERS WHO SHALL HAVE THE SAME RIGHTS, POWERS AND
28 DUTIES AS POLICE OFFICERS IN THE COMMONWEALTH SET FORTH IN 42
29 PA.C.S. CH. 89 SUBCH. D (RELATING TO MUNICIPAL POLICE
30 JURISDICTION) IN AND UPON THE GROUNDS AND BUILDINGS OF THE
19920H2454B3733 - 18 -
1 AUTHORITY [AND]; IN THE IMMEDIATE AND ADJACENT VICINITY OF THESE
2 BUILDINGS AND GROUNDS WHEN ENGAGED IN THE DISCHARGE OF THEIR
3 DUTIES FOR THE AUTHORITY; IN INSTANCES OF HOT PURSUIT, WITHIN
4 THE BOUNDARIES OF THE CITY OF THE FIRST CLASS [AND WHO], AND
5 WHEN NECESSARY, ELSEWHERE. THESE POLICE OFFICERS SHALL BE
6 AUTHORIZED TO ARREST PERSONS FOR THE COMMISSION OF ANY OFFENSE,
7 AND THE KEEPERS OF THE JAILS AND OTHER PLACES OF DETENTION IN
8 THE CITY OF THE FIRST CLASS SHALL RECEIVE ALL PERSONS ARRESTED
9 BY SUCH [SECURITY] POLICE OFFICERS FOR PURPOSES OF DETENTION
10 UNTIL THEY ARE DEALT WITH ACCORDING TO LAW: PROVIDED, HOWEVER,
11 THAT SUCH [SECURITY] POLICE OFFICERS SUCCESSFULLY COMPLETE THE
12 COURSE OF INSTRUCTION PROVIDED UNDER THE ACT OF JUNE 18, 1974
13 (P.L.359, NO.120), REFERRED TO AS THE MUNICIPAL POLICE EDUCATION
14 AND TRAINING LAW. THE AUTHORITY SHALL, TO THE MAXIMUM EXTENT
15 PRACTICABLE, GIVE PREFERENCE IN HIRING [SECURITY] POLICE
16 OFFICERS FIRST TO ANY PERSON LIVING IN PUBLIC HOUSING AND
17 RECEIVING ANY FORM OF STATE OR FEDERAL PUBLIC ASSISTANCE, AND
18 SECOND, TO ANY OTHER PERSON LIVING IN PUBLIC HOUSING.
19 (gg) To insure that authority properties are and remain
20 decent, safe and sanitary by properly maintaining or providing
21 for the proper maintenance of authority properties and by
22 insuring compliance with Federal, State and local codes
23 regulating safety, sanitation, health and building standards.
24 (hh) To cooperate fully with State, county and city
25 officials in the development comprehensive housing affordability
26 strategies and related studies and reports.
27 (ii) To cooperate fully with State, county and city
28 officials in the implementation of housing, neighborhood,
29 community development and preservation strategies.
30 (jj) To assess, in cooperation with State, county and city <--
19920H2454B3733 - 19 -
1 officials, tenant advisory boards and local civic organizations,
2 the viability of individual housing projects or types of housing
3 projects and recommend alternatives to individual housing
4 projects or types of projects.
5 (JJ) TO ASSESS, IN COOPERATION WITH STATE, COUNTY AND LOCAL <--
6 OFFICIALS AND WITH TENANTS, PROPOSED INDIVIDUAL HOUSING PROJECTS
7 OR TYPES OF HOUSING PROJECTS.
8 (kk) To develop, after a public hearing, written procedures
9 and criteria for the selection and award of rental subsidies.
10 (ll) To organize and assist the organization of tenant <--
11 councils and tenant management corporations.
12 (LL) TO PROVIDE FINANCIAL AND IN-KIND ASSISTANCE TO TENANT <--
13 COUNCILS AND TENANT MANAGEMENT CORPORATIONS PURSUANT TO FEDERAL
14 LAW AND REGULATIONS.
15 (mm) To THE EXTENT OF AVAILABLE FUNDS, provide or arrange <--
16 for the provision of family investment centers and self-
17 sufficiency programs to eligible tenants.
18 (nn) To develop, offer and promote ENCOURAGE AND OFFER <--
19 homeownership opportunities for tenants of public housing and
20 public-assisted housing IN A MANNER WHICH PRESERVES THE NUMBER <--
21 OF PUBLIC HOUSING UNITS OWNED BY EACH AUTHORITY.
22 (oo) To prepare and submit required reports and audits.
23 (PP) TO PROMPTLY REHABILITATE UNITS AND RENT VACANT UNITS. <--
24 SECTION 12. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
25 SECTION 10.1. RESPONSIBILITIES OF PUBLIC HOUSING TENANTS.--
26 (A) PUBLIC HOUSING TENANTS SHALL COMPLY WITH CERTAIN
27 RESPONSIBILITIES PROVIDED THAT THE HOUSING AUTHORITY IS IN
28 COMPLIANCE WITH ITS DUTY TO PROVIDE AND MAINTAIN DECENT, SAFE
29 AND SANITARY HOUSING PURSUANT TO SUBSECTION (GG) OF SECTION 10
30 OF THE ACT AND APPLICABLE FEDERAL LAW AND REGULATIONS; AND,
19920H2454B3733 - 20 -
1 PROVIDED FURTHER, THAT SUCH RESPONSIBILITIES ARE CONSISTENT WITH
2 APPLICABLE FEDERAL LAW AND ARE MADE PART OF A WRITTEN LEASE
3 ADOPTED IN ACCORDANCE WITH FEDERAL LAW AND ENTERED INTO BY THE
4 PARTIES. SUCH LEASE MAY INCLUDE, BUT NOT BE LIMITED TO, THE
5 FOLLOWING TERMS:
6 (1) TENANTS SHALL PAY THEIR RENT ON THE DUE DATE SPECIFIED
7 UNLESS THE AUTHORITY AND THE TENANT HAVE ENTERED INTO AN
8 AGREEMENT WHICH PROVIDES FOR SEMI-MONTHLY INSTALLMENTS OR SUCH
9 OTHER TERMS.
10 (2) TENANTS SHALL LIVE IN A PEACEFUL MANNER RESPECTING THE
11 RIGHTS OF THEIR NEIGHBORS TO PRIVACY AND QUIET ENJOYMENT OF
12 THEIR PREMISES.
13 (3) THE AUTHORITY MAY TERMINATE THE LEASE AFTER CONVICTION
14 OF THE TENANT FOR A CRIME AFFECTING THE HEALTH, SAFETY OR RIGHT
15 TO PEACEFUL ENJOYMENT OF THE PREMISES BY OTHER TENANTS AND
16 COMMITTED IN THE UNIT OR SUCH OTHER AREAS AS MAY BE ASSIGNED TO
17 THE TENANT FOR THE TENANT'S EXCLUSIVE USE.
18 (4) THE TENANT SHALL NOT ENGAGE IN ACTS RELATING TO THE
19 ILLEGAL USE, SALE, MANUFACTURE OR DISTRIBUTION OF CONTROLLED
20 SUBSTANCES WHILE ON THE PREMISES OF THE HOUSING AUTHORITY.
21 (5) TENANTS SHALL KEEP THEIR LEASED PREMISES AND SUCH OTHER
22 AREAS AS MAY BE ASSIGNED TO THEM FOR THEIR EXCLUSIVE USE IN A
23 CLEAN AND SAFE CONDITION; PROVIDED THAT TENANTS SHALL NOT BE
24 REQUIRED TO ASSUME THE AUTHORITY'S DUTY TO MAINTAIN AND REPAIR
25 THE LEASED PREMISES AND ASSIGNED AREAS.
26 (6) TENANTS SHALL PROMPTLY NOTIFY THE AUTHORITY OF NEEDED
27 REPAIRS, UNSAFE, UNSANITARY OR HAZARDOUS CONDITIONS OF THE
28 HOUSING UNIT.
29 (7) TENANTS SHALL REFRAIN FROM INTENTIONALLY OR MALICIOUSLY
30 DESTROYING, DEFACING, DAMAGING OR REMOVING ANY PART OF THE
19920H2454B3733 - 21 -
1 DWELLING UNIT OR PROJECT.
2 (8) TENANTS SHALL PAY FOR THE REASONABLE COST OF REPAIRS TO
3 ALL AUTHORITY PROPERTY WHICH THE TENANT HAS INTENTIONALLY OR
4 MALICIOUSLY DESTROYED, DEFACED, DAMAGED OR REMOVED.
5 (9) TENANTS MAY BE PROHIBITED FROM SUBLEASING THE LEASED
6 PREMISES.
7 (10) TENANTS MAY BE RESTRICTED TO USING THEIR UNIT FOR
8 PRIVATE RESIDENTIAL USE; PROVIDED, HOWEVER, THAT THE PREMISES
9 MAY BE USED FOR LEGAL, PERMISSIBLE PROFIT-MAKING ACTIVITY, SUCH
10 AS TYPING SERVICES OR BABYSITTING, SO LONG AS SUCH ACTIVITY IS
11 MERELY INCIDENTAL TO THE PRIMARY RESIDENTIAL USE OF THE PREMISES
12 AND DOES NOT INTERFERE WITH THE TENANT'S NEIGHBORS QUIET
13 ENJOYMENT OF THEIR PREMISES.
14 (11) TENANTS SHALL DISPOSE OF ALL GARBAGE, RUBBISH AND WASTE
15 FROM THE DWELLING UNIT IN A SAFE AND SANITARY MANNER.
16 (12) TENANTS SHALL REPORT CHANGES IN INCOME AND FAMILY
17 COMPOSITION IN A TIMELY MANNER.
18 (13) TENANTS SHALL ENSURE THAT OTHER MEMBERS OF THEIR
19 HOUSEHOLD, GUESTS AND INVITEES DO NOT DISTURB THE PEACEFUL
20 POSSESSION AND QUIET ENJOYMENT OF OTHER TENANTS; DO NOT DESTROY,
21 DAMAGE, DEFACE OR REMOVE ANY PART OF THE LEASED PREMISES; AND DO
22 NOT ENGAGE IN ILLEGAL ACTIVITY WHILE IN THE LEASED PREMISES OR
23 ASSIGNED AREAS.
24 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO ABRIDGE OR
25 SUPERSEDE THE RIGHTS AND DUTIES OF LANDLORDS AND TENANTS IN THIS
26 COMMONWEALTH AS SUCH RIGHTS AND DUTIES HAVE BEEN OR MAY BE
27 APPLIED TO HOUSING AUTHORITIES.
28 (C) THIS SECTION SHALL NOT BE CONSTRUED TO CREATE ANY RIGHT
29 OF ACTION ON BEHALF OF AN AUTHORITY, ITS AGENTS OR AFFILIATES
30 AND MAY NOT BE INCORPORATED BY REFERENCE IN ANY AUTHORITY LEASE.
19920H2454B3733 - 22 -
1 Section 12 13. Section 11(e) of the act, amended May 20, <--
2 1949 (P.L.1614, No.486), is amended and the section is amended
3 by adding subsections to read:
4 Section 11. Awards of Contracts; Completion Bond; Additional
5 Bond for Protection of Materialmen and Others.--
6 * * *
7 (a.1) Whenever the estimated cost of any purchase of
8 professional services, including, but not limited to,
9 architectural design, engineering, construction management, <--
10 legal or accounting services required by a housing authority
11 whether or not the same are to be used in connection with the
12 construction, erection, installation, completion, alteration,
13 repair of, or addition to, any project subject to the control of
14 the Authority, shall exceed ten thousand ($10,000) dollars, it
15 shall be the duty of such Authority to have the purchase made
16 pursuant to a contract awarded to the lowest responsible bidder, <--
17 after advertisement for bids, such advertisement to be inserted
18 in a newspaper of general circulation within the county in which
19 the Authority operates. MOST ADVANTAGEOUS BIDDER THROUGH A <--
20 REQUEST FOR PROPOSAL PROCESS. THE AUTHORITY SHALL DETERMINE WHO
21 IS THE MOST ADVANTAGEOUS BIDDER BY CONSIDERING PRICE; INCLUSION
22 OF MINORITIES, WOMEN AND TENANTS OR ENTITIES OWNED BY THEM;
23 PRIOR EXPERIENCE; AND OTHER RELEVANT FACTORS.
24 * * *
25 (e) Every Authority awarding contracts or requiring the
26 delivery of bonds pursuant to this section shall keep an exact
27 copy of every contract awarded or bond delivered upon file at
28 its principal office. Subject to regulations to be prescribed by
29 the [State Planning Board] Department of Community Affairs for
30 their safe keeping such copies shall be opened to public
19920H2454B3733 - 23 -
1 inspection.
2 * * *
3 (g) Housing authorities shall be exempt from the provisions
4 of the act of May 1, 1913 (P.L.155, No.104), entitled "An act
5 regulating the letting of certain contracts for the erection,
6 construction, and alteration of public buildings," for the
7 construction, erection, installation, completion, alteration, <--
8 repair of or addition to, any project subject to the control of
9 a housing authority.
10 (h) Each housing authority shall establish and oversee an
11 outreach program to ensure the maximum possible inclusion of
12 PUBLIC HOUSING TENANTS, minorities and women, and entities owned <--
13 by them, in all EMPLOYMENT AND contracts entered into by the <--
14 housing authority.
15 Section 13 14. Section 13 of the act, amended May 20, 1949 <--
16 (P.L.1614, No.486), is amended to read:
17 Section 13. Establishment of Rentals and Selection of
18 Tenants.--(a) An Authority may rent or lease dwelling
19 accommodations only to persons of very low or low income or as
20 otherwise permitted by the United States Department of Housing
21 and Urban Development and at rentals within their financial
22 reach determined in accordance with Federal law and regulations
23 OR IN CONJUNCTION WITH ANY PROGRAM OF THE COMMONWEALTH OR LOCAL <--
24 GOVERNMENTS FOR THE PROVISION OF ASSISTED HOUSING FOR PERSONS OF
25 LOW OR VERY LOW INCOME. [It may rent or lease to a tenant a
26 dwelling consisting of the number of rooms (but no greater
27 number) which it deems necessary to provide safe and sanitary
28 accommodations to the proposed occupants thereof without
29 overcrowding. It shall not accept any person as a tenant in any
30 housing project if the person or persons, who would occupy the
19920H2454B3733 - 24 -
1 dwelling, have an aggregate annual income in excess of six times
2 the annual rental of the quarters to be furnished such person or
3 persons. In computing rental for the purpose of selecting
4 tenants, there shall be included in the rental the average
5 annual cost, as determined by the Authority, to the occupants of
6 heat, water, electricity, gas, cooking range, and other
7 necessary services or facilities, whether or not the charge for
8 such services and facilities is in fact included in the rental.]
9 Every Authority shall file a schedule of its rental charges for
10 dwelling accommodations with the [State Planning Board]
11 Department of Community Affairs.
12 (b) Each housing authority shall, in accordance with Federal
13 law and regulations, develop in conjunction with the tenant <--
14 advisory board TENANT PARTICIPATION written rules governing <--
15 tenant selection and tenant removal criteria and practices.
16 (c) No later than ninety (90) days after the effective date
17 of this act, each housing authority shall establish in writing
18 the criteria and procedures for the selection and award of <--
19 project-based and tenant-based rental subsidies. OF HOUSING <--
20 PROPERTIES OR HOUSING UNITS WHICH WILL BE AWARDED RENTAL
21 SUBSIDIES THAT ARE CONNECTED TO THE PROPERTY OR UNIT. In
22 establishing its criteria and procedures, each housing authority
23 shall comply with the following procedures--(1) the housing
24 authority shall prepare in writing draft criteria and
25 procedures. In so doing, the housing authority shall insure that
26 its selection criteria coincide with and advance the
27 comprehensive housing strategy and any neighborhood
28 revitalization efforts in place or proposed for its field of
29 operation; (2) the draft criteria and procedures shall be
30 distributed by the Authority to interested citizens, community
19920H2454B3733 - 25 -
1 development corporations, neighborhood advisory committees and
2 to any other persons upon request; (3) the Authority shall
3 conduct a public hearing for the purpose of soliciting public
4 comment on the draft criteria and procedures. Notice of the
5 hearing shall be published in a newspaper of general circulation
6 at least two (2) weeks prior to the date of the hearing. The
7 Authority shall also receive and review any written comments;
8 and (4) the Authority shall fully review and consider all oral
9 and written comments and prepare final criteria and procedures.
10 The final criteria and procedures shall be in writing and shall
11 be made available to the public upon request.
12 (d) Nothing contained in this or [the preceding section]
13 section 12 shall be construed as limiting the power of an
14 Authority to vest in an obligee the right, in the event of a
15 default by the Authority, to take possession of a housing
16 project, or cause the appointment of a receiver thereof, or
17 acquire title thereto through foreclosure proceedings, free from
18 all the restrictions imposed by this or the preceding section.
19 Section 14 15. The act is amended by adding a section to <--
20 read:
21 Section 13.1. Family Investment Centers, Self-Sufficiency
22 Programs and Homeownership Opportunities for Public Housing
23 Tenants.--(a) Housing authorities shall TO THE EXTENT THAT <--
24 FEDERAL FUNDS ARE AVAILABLE, HOUSING AUTHORITIES ARE ENCOURAGED
25 TO assist very low and low income individuals and families to
26 achieve economic independence through the provision of family
27 investment centers, self-sufficiency programs and homeownership
28 opportunities.
29 (b) Family investment centers provide families living in
30 public housing with improved access to educational and
19920H2454B3733 - 26 -
1 employment opportunities by--(1) developing facilities in or
2 near public housing for training and support services; (2)
3 mobilizing public and private resources to expand and improve
4 the delivery of such services; (3) providing for funding for <--
5 such essential training and support services that cannot <--
6 otherwise be funded; and (4) improving the capacity of
7 management to assess the training and service needs of families
8 with children, coordinate the provision of training and services
9 that meet these needs and ensure the long-term provision of such
10 training and services. Training and support services may
11 include, but are not limited, to child care, employment training
12 and counseling, literacy training, computer skills and training,
13 assistance in obtaining high school equivalency certificates and
14 other appropriate services.
15 (c) Self-sufficiency programs coordinate the provision of
16 rental subsidies with programs to enable eligible families to
17 achieve economic independence. Family participation in these
18 programs is voluntary. Self-sufficiency programs may include,
19 but are not limited to, the provision of child care,
20 transportation to receive services, remedial education and high
21 school equivalency programs, job training and job preparation,
22 substance abuse treatment and counseling, training in homemaking
23 and parenting, training in money and household management and
24 other appropriate services. Provision of self-sufficiency
25 programs is to be coordinated with various providers such as
26 STATE, county and local government and job and basic skills <--
27 training programs.
28 (d) Homeownership programs provide for acquisition by <--
29 eligible families of ownership interests in, or shares
30 representing, at least one-half of the units in a public housing
19920H2454B3733 - 27 -
1 project under any arrangement determined by the Secretary of the
2 United States Department of Housing and Urban Development to be
3 appropriate, such as cooperative ownership and fee simple
4 ownership, for occupancy by eligible families. A homeownership
5 program shall provide and include a plan for--(1) identifying
6 and selecting eligible families to participate in the program;
7 (2) providing relocation assistance to families who elect to
8 move; (3) ensuring continued affordability by tenants,
9 homebuyers and homeowners in the project; (4) providing ongoing
10 training and counseling for homebuyers and homeowners; and (5)
11 replacing units disposed of pursuant to a homeownership program.
12 (D) HOMEOWNERSHIP PROGRAMS PROVIDE OPPORTUNITIES FOR PUBLIC <--
13 HOUSING AND ASSISTED HOUSING TENANTS TO TRANSITION INTO
14 NONPUBLIC ASSISTED HOUSING IN A MANNER WHICH PRESERVES THE
15 NUMBER OF PUBLIC HOUSING UNITS OWNED BY EACH HOUSING AUTHORITY.
16 Section 15 16. Section 14 of the act, amended May 20, 1949 <--
17 (P.L.1614, No.486) and August 8, 1963 (P.L.595, No.313), is
18 amended to read:
19 Section 14. Cooperation Between Authorities.--(a) Any two
20 or more authorities may cooperate in the exercise of any of the
21 powers conferred in this act. For the purpose of financing,
22 planning, constructing or operating a housing project or
23 projects jointly, when such is deemed necessary to the
24 effectuation of the purposes of this act, two or more
25 authorities may set up a joint committee to have charge of such
26 financing, planning, construction or operation. Each of the
27 cooperating authorities shall appoint two of its own members to
28 serve on such joint committee, and the [State Planning Board]
29 Department of Community Affairs shall designate an additional
30 member upon being notified by the authorities of their desire to
19920H2454B3733 - 28 -
1 cooperate in preparing and carrying on a project. The
2 cooperating authorities shall draw up a satisfactory plan of
3 cooperation which must be approved by the [State Planning Board]
4 Department of Community Affairs prior to the commencement of any
5 activity on such joint project.
6 (b) For the purpose of financing their respective projects
7 (including the issuance of bonds, notes or other obligations and
8 giving security therefor), any authority may join or cooperate
9 with any other authority or authorities and, by resolution,
10 prescribe and authorize any other housing authority or
11 authorities so joining or cooperating with it or them to act on
12 its or their behalf as agent or otherwise in the name of the
13 housing authority or authorities so joining or cooperating or in
14 its own name.
15 Section 16 17. Sections 22 and 24 of the act, amended <--
16 October 19, 1967 (P.L.461, No.218), are amended to read:
17 Section 22. Aid from Federal Government.--In addition to the
18 powers conferred upon an Authority by other provisions of this
19 act, an Authority is empowered to borrow money or accept grants
20 or other financial assistance from the Federal Government for,
21 or in aid of, any housing project within its area of operation,
22 to take over or lease or manage any housing project or
23 undertaking constructed or owned by the Federal Government, and
24 to these ends to comply with such conditions, and enter into
25 such mortgages, trust indentures, leases or agreements as may be
26 necessary, convenient or desirable. It is the purpose and intent
27 of this act to authorize every Authority to do any and all
28 things necessary or desirable to secure the financial aid or
29 cooperation of the Federal Government in the undertaking,
30 construction, modernization, improvements, repair, maintenance
19920H2454B3733 - 29 -
1 or operation of any housing project by such Authority and to
2 secure Federal financial assistance for family investment
3 centers, self sufficiency programs or any homeownership
4 programs: Provided, That upon completion of [an application] A <--
5 CONTRACT of an Authority for any Federal financial assistance
6 [of the Federal Government in connection with a housing
7 project], the Authority shall file with the Department of
8 Community Affairs a report describing the project, including but
9 not limited to the location and type of the project, the number
10 of dwelling units in the project, the size of the individual
11 dwelling units expressed in number of bedrooms, the number of
12 dwelling units of the various sizes, the number of dwelling
13 units proposed for the elderly, [and the character of any
14 commercial or community facilities] and people with handicaps,
15 the number of dwelling units accessible to people with physical
16 disabilities, and the character of any commercial or community
17 facilities, such as employment training programs, educational
18 programs, day care programs or any other social service program
19 included in the project.
20 Section 24. [Reports] Filings with Department of Community
21 Affairs.--In addition to any other material which an Authority
22 must file with the Department of Community Affairs according to
23 the provisions of this act, it shall file with said
24 department[--
25 (a) A] a copy of any rules, regulations or resolutions, and
26 amendments thereto, adopted by it from time to time. COPIES OF <--
27 ANY MATERIAL FILED WITH THE DEPARTMENT OF COMMUNITY AFFAIRS
28 SHALL BE MADE AVAILABLE TO TENANTS OF THE AUTHORITY UPON
29 REQUEST. NOTICE OF SUCH AVAILABILITY SHALL BE POSTED
30 CONSPICUOUSLY IN EACH OFFICE OF THE AUTHORITY.
19920H2454B3733 - 30 -
1 [(b) At least once each year, a report of its activities for
2 the preceding year, and such other reports as said department
3 may require.]
4 Section 17 18. The act is amended by adding sections to <--
5 read:
6 SECTION 24.1. TRAINING AND TECHNICAL ASSISTANCE.--THE <--
7 DEPARTMENT OF COMMUNITY AFFAIRS, SHALL FROM TIME TO TIME,
8 PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO THE BOARDS, STAFF
9 AND TENANTS OF PUBLIC HOUSING AUTHORITIES.
10 Section 24.1 24.2. Annual Report, Additional Reports and <--
11 Annual Audit.--(a) (1) Within ninety (90) days of the close of
12 an Authority's fiscal year, every housing authority shall file
13 an annual report with the Department of Community Affairs, the
14 Majority and Minority Chairs of the Appropriations Committees of
15 the Senate and House of Representatives, the Majority and
16 Minority Chairs of the Urban Affairs and Housing Committee of
17 the Senate and the Majority and Minority Chairs of the Urban
18 Affairs Committee of the House of Representatives. Each city
19 housing authority shall also file its annual report with the
20 mayor and governing body of the city for which the housing
21 authority is created and each county housing authority shall
22 file its annual report with the board of county commissioners of
23 the county for which the housing authority was created; and (2)
24 the annual report shall include, but is not limited to, the
25 following: (i) an accounting of revenues and expenditures; (ii)
26 the number of occupied and vacant units, THE AVERAGE LENGTH OF <--
27 VACANCY, THE NUMBER OF UNITS VACANT DUE TO THE NEED FOR
28 REHABILITATION AND THE ESTIMATED TIMETABLE FOR COMPLETION OF
29 REHABILITATION AND OCCUPANCY; (iii) the number of tenants in
30 public housing and the number of individuals and families on the
19920H2454B3733 - 31 -
1 waiting list; (iv) the number of housing rental subsidies; (v) a
2 summary of any construction, modernization, improvements,
3 renovations or repairs to housing units whether conventional
4 high rises or scattered sites completed, in progress or planned;
5 (vi) a brief narrative describing efforts and initiatives taken
6 to improve management and operations, to develop and implement
7 an affirmative action plan pursuant to section 11(f), to involve
8 and foster tenant management and to provide for family
9 investment centers, self-sufficiency programs and homeownership
10 opportunities for eligible tenants; (vii) an accounting of any
11 payments in lieu of taxes or special assessments made or agreed
12 to be made by the housing authority to any political subdivision
13 pursuant to section 23; (viii) a summary of recommended
14 alternatives to individual housing projects or types of housing
15 projects; and (ix) recommendations for any Federal, State or
16 local legislation. FULL OR PARTIAL COMPLIANCE WITH THE ANNUAL <--
17 REPORT MAY BE ACHIEVED BY SUBMITTING A COPY OR COPIES OF ANY
18 REPORTS PREPARED PURSUANT TO ANY REQUIREMENTS OF THE UNITED
19 STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
20 (b) Any housing authority which has been designated as
21 "troubled" by the United States Department of Housing and Urban
22 Development pursuant to 42 U.S.C. section 1437d(j) of the United
23 States Housing Act of 1937, as amended, shall in addition to the
24 annual report required in subsection (a) provide--(1) a
25 description of the activities and procedures implemented in
26 order to improve its performance and management and a
27 description of how the Authority will monitor and measure its
28 progress; and (2) a copy of any reports submitted to the United
29 States Department of Housing and Urban Development required due
30 to its designation as a "troubled" housing authority.
19920H2454B3733 - 32 -
1 (c) Every public housing authority shall have its books,
2 accounts and records audited annually in accordance with
3 generally accepted auditing standards by an independent auditor
4 who shall be a certified public accountant and a copy of his
5 audit report shall be attached to and be made part of the
6 authority's annual report. COMPLIANCE WITH THIS SUBSECTION CAN <--
7 BE ACHIEVED BY SUBMITTING A COPY OF AN INDEPENDENT AUDIT
8 PREPARED PURSUANT TO ANY REQUIREMENTS OF THE UNITED STATES
9 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. A concise financial
10 statement shall be published annually in the Pennsylvania
11 Bulletin.
12 (D) COPIES OF THE ANNUAL REPORT AND AUDIT SHALL BE MADE <--
13 AVAILABLE TO TENANTS UPON REQUEST. NOTICE OF SUCH AVAILABILITY
14 SHALL BE POSTED CONSPICUOUSLY IN EACH OFFICE OF THE AUTHORITY.
15 Section 24.2 24.3. Powers of Inspection.--The Majority and <--
16 Minority Chairs of the Appropriations Committees of the Senate
17 and of the House of Representatives shall have the right at any
18 time to examine the books, accounts and records of an Authority.
19 For housing authorities in cities of the first class, these
20 powers of inspection shall also be conferred upon the district
21 attorney and the city controller.
22 SECTION 24.4. CIVIL SERVICE PROTECTION FOR CERTAIN EMPLOYES; <--
23 EXCEPTIONS.--(A) HOUSING AUTHORITIES EXISTING UNDER THE
24 PROVISIONS OF THIS ACT LOCATED IN ANY CITY OF THE SECOND CLASS A
25 OR THIRD CLASS OR IN A COUNTY OF THE THIRD TO EIGHTH CLASS,
26 SHALL WITHIN TWELVE MONTHS FOLLOWING JUNE 2, 1975, ENTER INTO A
27 CONTRACT WITH THE PENNSYLVANIA CIVIL SERVICE COMMISSION FOR THE
28 PURPOSE OF ESTABLISHING A COMPLETE CIVIL SERVICE MERIT SYSTEM
29 PROTECTING THE EMPLOYES OF THE AUTHORITY. THE CONTRACT SHALL BE
30 EXECUTED IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF AUGUST
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1 5, 1941 (P.L.752, NO.286), KNOWN AS THE "CIVIL SERVICE ACT," AND
2 EACH AUTHORITY IS AUTHORIZED TO MAKE THE PAYMENTS REQUIRED BY
3 THAT ACT.
4 (B) (1) THE CONTRACT SHALL PROVIDE FOR A CIVIL SERVICE
5 MERIT SYSTEM FOR ALL MANAGEMENT EMPLOYES INCLUDING
6 ADMINISTRATIVE NONTECHNICAL EMPLOYES WHO ARE NOT SUBJECT TO
7 COLLECTIVE BARGAINING AGREEMENTS UNDER THE ACT OF JULY 23, 1970
8 (P.L.563, NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT,"
9 OF THE HOUSING AUTHORITY EXCEPT MEMBERS THEREOF AND, AFTER THE
10 EFFECTIVE DATE OF THIS SECTION, ANY EXECUTIVE DIRECTOR HIRED
11 AFTER THAT DATE. THE CIVIL SERVICE COMMISSION SHALL USE ONLY THE
12 PROVISIONS OF THE "CIVIL SERVICE ACT" IN SETTING STANDARDS AND
13 PRINCIPLES FOR EMPLOYMENT WITH THE AUTHORITY. THE COMMISSION
14 SHALL INCLUDE IN THE SYSTEM THE SAME DUTIES AND OBLIGATIONS,
15 RIGHTS, PREROGATIVES, AND APPEALS PROVIDED FOR EMPLOYES BY THE
16 "CIVIL SERVICE ACT."
17 (2) THE AGREEMENT SHALL PROVIDE THAT PERSONS EMPLOYED ON
18 JUNE 2, 1975, SHALL CONTINUE IN THEIR PRESENT POSITIONS, WITHOUT
19 TAKING AN EXAMINATION, AND MAY BE REMOVED ONLY IN ACCORDANCE
20 WITH SECTION 807 OF THE "CIVIL SERVICE ACT."
21 (3) THE AGREEMENT SHALL ALSO PROVIDE THAT THE COMPENSATION
22 OF ALL AUTHORITY EMPLOYES SHALL BE DETERMINED BY THE AUTHORITY
23 IN ACCORDANCE WITH UNIFORM SCHEDULES ADOPTED BY THE AUTHORITY
24 USING THE CLASSIFICATIONS ESTABLISHED BY THE CIVIL SERVICE
25 COMMISSION AS A BASIS FOR SUCH DETERMINATION. IN NO EVENT SHALL
26 THE COMPENSATION OF ANY PERSON EMPLOYED BY AN AUTHORITY ON THE
27 EFFECTIVE DATE OF THIS ACT BE REDUCED THROUGH AN ACTION OF THE
28 CIVIL SERVICE COMMISSION OR THE AUTHORITY DURING THE PERIOD HE
29 HOLDS THE SAME POSITION HE HELD ON THAT DAY.
30 (C) HOUSING AUTHORITIES HEREAFTER CREATED SHALL BE SUBJECT
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1 TO THIS SECTION AND SHALL ENTER INTO THE REQUIRED CONTRACT
2 WITHIN THREE MONTHS OF THE DATE OF ORGANIZATION.
3 (D) EXECUTIVE DIRECTORS WHO HOLD OFFICE PRIOR TO OR ON THE
4 EFFECTIVE DATE OF THIS SECTION SHALL CONTINUE TO ENJOY CIVIL
5 SERVICE PROTECTION.
6 (E) NOTWITHSTANDING SUBSECTION (B)(1), THE COUNTY OR CITY
7 FOR WHICH THE AUTHORITY WAS CREATED MAY EXTEND CIVIL SERVICE
8 STATUS TO HOUSING AUTHORITY EXECUTIVE DIRECTORS UNDER A LOCAL
9 CIVIL SERVICE SYSTEM.
10 SECTION 19. THE ACT OF JUNE 2, 1975 (P.L.3, NO.2), ENTITLED
11 "A SUPPLEMENT TO THE ACT OF MAY 28, 1937 (P.L.955, NO.265),
12 ENTITLED, AS AMENDED, 'AN ACT TO PROMOTE PUBLIC HEALTH, SAFETY,
13 MORALS, AND WELFARE BY DECLARING THE NECESSITY OF CREATING
14 PUBLIC BODIES, CORPORATE AND POLITIC, TO BE KNOWN AS HOUSING
15 AUTHORITIES TO ENGAGE IN SLUM CLEARANCE, AND TO UNDERTAKE
16 PROJECTS, TO PROVIDE DWELLING ACCOMMODATIONS FOR PERSONS OF LOW
17 INCOME; PROVIDING FOR THE ORGANIZATION OF SUCH HOUSING
18 AUTHORITIES; DEFINING THEIR POWERS AND DUTIES; PROVIDING FOR THE
19 EXERCISE OF SUCH POWERS, INCLUDING THE ACQUISITION OF PROPERTY
20 BY PURCHASE, GIFT OR EMINENT DOMAIN, THE RENTING AND SELLING OF
21 PROPERTY, AND INCLUDING BORROWING MONEY, ISSUING BONDS, AND
22 OTHER OBLIGATIONS, AND GIVING SECURITY THEREFOR; PRESCRIBING THE
23 REMEDIES OF OBLIGEES OF HOUSING AUTHORITIES; AUTHORIZING HOUSING
24 AUTHORITIES TO ENTER INTO AGREEMENTS, INCLUDING AGREEMENTS WITH
25 THE UNITED STATES, THE COMMONWEALTH, AND POLITICAL SUBDIVISIONS
26 AND MUNICIPALITIES THEREOF; DEFINING THE APPLICATION OF ZONING,
27 SANITARY, AND BUILDING LAWS AND REGULATIONS TO PROJECTS BUILT OR
28 MAINTAINED BY SUCH HOUSING AUTHORITIES; EXEMPTING THE PROPERTY
29 AND SECURITIES OF SUCH HOUSING AUTHORITIES FROM TAXATION; AND
30 IMPOSING DUTIES AND CONFERRING POWERS UPON THE STATE PLANNING
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1 BOARD, AND CERTAIN OTHER STATE OFFICERS AND DEPARTMENTS,'
2 PROVIDING FOR CIVIL SERVICE PROTECTION FOR CERTAIN EMPLOYEES OF
3 CERTAIN HOUSING AUTHORITIES," IS REPEALED.
4 Section 18 20. This act shall take effect immediately. <--
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