| HOUSE AMENDED |
| PRIOR PRINTER'S NO. 1631 | PRINTER'S NO. 2180 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY YAW, KITCHEN, FONTANA, M. WHITE, BRUBAKER, D. WHITE, FERLO AND BREWSTER, SEPTEMBER 29, 2011 |
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| AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 9, 2012 |
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| AN ACT |
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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 appointment of members of authority, |
24 | for qualifications, tenure and compensation of members of |
25 | authority and for organization of authority; and providing | <-- |
26 | for whistleblower hotline, for requirements regarding tenants |
27 | and landlords in cities of the first class and for reporting |
28 | by authorities in cities of the first class. |
29 | The General Assembly of the Commonwealth of Pennsylvania |
30 | hereby enacts as follows: |
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1 | Section 1. Sections 5(b) and 6 of the act of May 28, 1937 |
2 | (P.L.955, No.265), known as the Housing Authorities Law, amended |
3 | March 21, 1968 (P.L.69, No.25) and July 15, 1968 (P.L.337, |
4 | No.163), are amended to read: |
5 | Section 5. Appointment of Members of an Authority.--* * * |
6 | (b) The governing body of any city upon issuing a |
7 | certificate declaring the need for an Authority to operate in |
8 | such city or upon receiving notice of the issuance of such |
9 | certificate by the Governor, shall promptly notify the mayor of |
10 | such certification. Upon receiving such notice, the mayor, with |
11 | the approval of the majority of the members of council, shall |
12 | appoint five citizens, residents of the city, to be members of |
13 | the housing authority of such city--(1) that in cities of the |
14 | first class, [the mayor shall appoint [two members, the city | <-- |
15 | controller shall appoint two members, and the four members, thus |
16 | appointed, shall select a fifth member of such Authority] nine | <-- |
17 | persons to be members of the housing authority of such city |
18 | members shall be appointed as provided in subsection (c); (2) | <-- |
19 | that in cities of the second class, the mayor shall appoint two |
20 | additional members for a total of seven members of the housing |
21 | authority; (3) that in cities of the third class, the mayor, |
22 | with the approval of the majority of the members of council, |
23 | shall appoint five persons to be members of the housing |
24 | authority of such city, such members shall be citizens residing |
25 | within the city for which the Authority is created. |
26 | (c) (1) In cities of the first class, the mayor, with the | <-- |
27 | approval of the majority of the members of council, shall |
28 | appoint a total of nine members, two of whom shall be residents |
29 | of housing owned or controlled by the Authority. |
30 | (2) The two members required to be residents of housing |
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1 | owned or controlled by the Authority shall be chosen pursuant to |
2 | a nomination process agreed upon by the mayor, council president |
3 | and the executive director of the Authority. |
4 | (3) With respect to vacancies existing at the time this |
5 | subsection becomes effective, if council fails to act on any |
6 | proposed appointee to such a vacancy within sixty (60) days of |
7 | the mayor's submission of the proposed appointee to council, the |
8 | mayor may, without the approval of council, appoint such person |
9 | to be a member of the Authority; as many proposed appointees may |
10 | be appointed in this manner as may be necessary to bring |
11 | membership on this Authority to five members. A member appointed |
12 | without the approval of council may be subsequently approved by |
13 | council, or may be replaced by another member appointed by the |
14 | mayor, with the approval of the majority of the members of |
15 | council. |
16 | Section 6. Qualifications, Tenure and Compensation of |
17 | Members of an Authority.--No more than two persons holding any |
18 | other paid public office shall be members of the same housing |
19 | authority at the same time. No elected official shall be a | <-- |
20 | member of a housing authority in a city of the first class. The |
21 | members who are first appointed shall serve for terms of one, |
22 | two, three, four, and five years, respectively, from the date of |
23 | their appointment, as shall be specified at the time of their |
24 | appointment, except that all members of the housing authority of | <-- |
25 | a city of the first class shall serve for terms concurrent with |
26 | the term of the appointing mayor. Thereafter the term of office |
27 | shall be five years, except as otherwise provided with respect |
28 | to members of the housing authority of a city of the first |
29 | class. The two additional members to be appointed in cities of |
30 | the second class shall serve for terms of five years. A member |
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1 | shall hold office until his successor has been appointed. |
2 | Vacancies for unexpired terms shall be promptly filled by the |
3 | appointing power. A member may be removed for cause by the court |
4 | of quarter sessions of the county in which the Authority is |
5 | located after having been provided with a copy of the charges |
6 | against him for at least ten days and full hearing by the court, |
7 | except that members of the housing authority of a city of the | <-- |
8 | first class shall serve at the pleasure of the mayor of such |
9 | city effective January 4, 2016, in a city of the first class, | <-- |
10 | the mayor of such city may, without cause, remove up to five |
11 | members of an Authority of such city during any calendar year, |
12 | with resulting vacancies to be filled pursuant to section 5(c); |
13 | removal of any member in excess of five in a single calendar |
14 | year shall be as otherwise provided in this section. A member |
15 | shall receive no compensation for his services, but he shall be |
16 | entitled to the necessary expenses, including travelling |
17 | expenses incurred in the discharge of his duties. |
18 | Section 2. Section 7 of the act is amended to read: |
19 | Section 7. Organization of an Authority.--(a) The members | <-- |
20 | of an Authority shall select from among themselves a chairman |
21 | and a vice-chairman. The Authority may employ a secretary, such |
22 | technical experts, and such other officers, agents, and |
23 | employes, permanent or temporary, as it may require, and may |
24 | determine the qualifications of such persons. Three members of |
25 | an Authority shall constitute a quorum for its meetings, except |
26 | that a majority of the members of the Authority then in office | <-- |
27 | in a city of the first class shall constitute a quorum for |
28 | meetings of such an Authority. Any Authority may employ its own |
29 | counsel and legal staff. Members of an Authority shall not be |
30 | liable personally on the bonds or other obligations of the |
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1 | Authority, and the rights of creditors shall be solely against |
2 | such Authority. An Authority may delegate to one or more of its |
3 | agents or employes such of its powers as it shall deem necessary |
4 | to carry out the purposes of this act, subject always to the |
5 | supervision and control of the Authority. |
6 | (b) In an Authority in a city of the first class, the | <-- |
7 | executive director and staff with executive duties who report |
8 | directly to either the executive director or members of the |
9 | Authority shall be at-will employes of the Authority and shall |
10 | serve at the pleasure of the members of the Authority. The |
11 | Authority shall not provide any payment or other thing of value |
12 | to such employes in connection with their separation from |
13 | employment, other than salary and benefits to which they are |
14 | entitled for regular employment through the date of separation. |
15 | Section 3. The act is amended by adding sections to read: |
16 | Section 10.2. Whistleblower Hotline.--An Authority of a city |
17 | of the first class shall maintain and monitor a whistleblower |
18 | hotline for the reporting of fraud, waste, abuse or any |
19 | wrongdoing in connection with the affairs of the Authority. |
20 | Section 13.1. Requirements Regarding Tenants and Landlords |
21 | in Cities of the First Class.--(a) An Authority of a city of |
22 | the first class shall take such measures as are necessary to |
23 | ensure compliance with all requirements imposed on the Authority |
24 | by Federal law regarding criminal activity by tenants and |
25 | prospective tenants, including, but not limited to, all |
26 | requirements regarding background checks. |
27 | (b) (1) An Authority of a city of the first class shall not |
28 | approve or renew any person or firm as a landlord in the Housing |
29 | Choice Voucher Program established pursuant to 24 CFR Pt. 982 |
30 | (relating to section 8 tenant based assistance: housing choice |
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1 | voucher program) if such person or firm is delinquent on any |
2 | property tax due with respect to the property for which approval |
3 | or renewal is sought. |
4 | (2) For purposes of this subsection, a person or firm that |
5 | is current on a payment agreement with the taxing authority for |
6 | the property tax delinquency shall not be considered delinquent |
7 | with respect to the outstanding property tax liability covered |
8 | by such agreement, but a person or form that is in breach of |
9 | such agreement shall be considered delinquent. |
10 | Section 24.1. Reporting by Authorities in Cities of the |
11 | First Class.--Any Authority in a city of the first class shall, |
12 | annually, no later than thirty (30) days after the end of the |
13 | fiscal year of the Authority, submit a comprehensive written |
14 | report to the Secretary of Community and Economic Development, |
15 | the Majority and Minority Leaders of the Senate, the chair and |
16 | minority chair of the Committee on Urban Affairs and Housing of |
17 | the Senate, the Majority and Minority Leaders of the House of |
18 | Representatives, the chair and minority chair of the Committee |
19 | on Urban Affairs of the House of Representatives, the Mayor and |
20 | the President of Council regarding the Authority's operations, |
21 | administration, management, finances, legal affairs, housing |
22 | production and development and other relevant activities. The |
23 | report shall be produced and approved by the members and the |
24 | executive director of the Authority. |
25 | Section 3 4. This act shall take effect immediately in 60 | <-- |
26 | days. |
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