Regular Session 2017-2018 Senate Bill 0919 P.N. 1549

PRIOR PRINTER'S NOS. 1232, 1270

PRINTER'S NO. 1549

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

919

Session of

2017

INTRODUCED BY HAYWOOD, BARTOLOTTA, SCHWANK, SABATINA, FONTANA,

RAFFERTY, HUGHES, FARNESE, YUDICHAK, McGARRIGLE, COSTA,

KILLION, VULAKOVICH, TARTAGLIONE, BLAKE, STEFANO, BROWNE AND

MENSCH, OCTOBER 5, 2017

AS AMENDED ON SECOND CONSIDERATION, MARCH 19, 2018

AN ACT

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

powers of an authority; and providing for relocation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 10 of the act of May 28, 1937 (P.L.955,

No.265), referred to as the Housing Authorities Law, is amended

by adding a clause to read:

Section 10. Powers of an Authority.--An Authority shall

constitute a public body, corporate and politic, exercising

public powers of the Commonwealth as an agency thereof, which

powers shall include all powers necessary or appropriate to

carry out and effectuate the purpose and provisions of this act,

including the following powers, in addition to others herein

granted:

* * *

(hh) To cooperate and execute agreements with other

authorities for the purposes of accommodating a tenant who

requests to be relocated under section 13.3.

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

Section 13.3. Relocation.--(a) A tenant who is a victim of

domestic or sexual violence may request relocation under this

section if the tenant expressly requests an emergency transfer

and:

(1) the tenant or an affiliated individual experienced

domestic or sexual violence on or near the premises within

ninety (90) calendar days of the request; or

(2) the tenant reasonably believes that the tenant or an

affiliated individual is threatened with imminent harm of

domestic or sexual violence if the tenant or affiliated

individual remains on the premises.

(b) An authority shall make a good faith effort, in

consultation with a tenant seeking relocation, to reasonably

relocate the tenant to a safe and suitable dwelling under the

control of the authority or another authority.

request for any of the following:

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(1) Relocation from the tenant's existing dwelling unit to

another dwelling unit under the control of the authority.

(2) Receipt of a housing choice voucher.

(3) Assistance with identifying other housing providers

which may have safe and available dwelling units.

(4) Assistance with contacting local organizations offering

assistance to victims of domestic or sexual violence.

(d) Each authority shall review and determine a request

submitted under this section within five (5) business days of

receipt of the A COMPLETED request.

(e) If an authority finds that the tenant qualifies for

relocation or related assistance under this section, the

authority shall take any of the following steps, subject to

availability:

(1) Relocate RELOCATE the tenant making the request to

another dwelling unit under the control of the authority or

another authority . ;

(2) Provide PROVIDE the tenant with a housing choice voucher

within thirty (30) days of the submission of the request. ;

(3) Assist ASSIST the tenant with identifying other housing

providers which may have safe and available dwelling units . ; OR

(4) Assist ASSIST the tenant with contacting local

organizations offering assistance to victims of domestic or

sexual violence.

(f) A tenant may establish sufficient proof of domestic or

sexual violence to qualify for relocation under this section

through any of the following:

(1) A current order of protection under 23 Pa.C.S. Ch. 61

(relating to protection from abuse) or 42 Pa.C.S. Ch. 62A

(relating to protection of victims of sexual violence or

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intimidation) on behalf of the tenant or an affiliated

individual.

(2) Police reports, medical records or court documents

relating to the tenant's or an affiliated individual's

victimization as a result of domestic or sexual violence.

(3) A certification of abuse as provided in subsection (g).

(4) Any other evidence of the conviction or other

adjudication of guilt for domestic or sexual violence committed

against the tenant or an affiliated individual.

(g) If an authority receives no conflicting information

regarding domestic or sexual violence, an authority may request

a tenant seeking relocation under this section to submit a

certification to the authority that includes the following:

(1) The tenant's name.

(2) The address of the tenant's dwelling unit.

(3) A statement that the tenant or an affiliated individual

is a victim of domestic or sexual violence.

(4) A statement of the incident of domestic or sexual

violence.

(5) If known and safe to provide, the name of the

perpetrator who committed the domestic or sexual violence.

(6) The proposed date for the termination of the lease or

the release of the tenant from the lease.

(h) If an authority receives conflicting information

regarding domestic or sexual violence, an authority may request

a written verification signed by an attesting third party that

includes the following:

(1) The tenant's name.

(2) The address of the tenant's dwelling unit.

(3) The approximate dates during which the domestic or

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sexual violence occurred, including the most recent date.

(4) The name, address and telephone number of the attesting

third party. The authority may waive the inclusion of any part

of this information it determines would unreasonably risk the

safety of the tenant or an affiliated individual.

(5) The capacity in which the attesting third party received

the information regarding the domestic or sexual violence.

(6) A statement that the attesting third party:

(i) has been advised by the tenant or an affiliated

individual that the tenant or an affiliated individual is a

victim of domestic or sexual violence;

(ii) considers the tenant's certification to be credible;

(iii) understands that the verification may be used as the

basis for releasing the tenant from a lease; and

(iv) understands that the statement may be used in court in

proceedings related to this section.

(i) If the domestic or sexual violence did not occur on the

premises within ninety (90) calendar days of the date of the

request for relocation, documentation under this section

submitted by a tenant must include a statement that the tenant

reasonably believes the tenant or an affiliated individual is

threatened with imminent harm from further domestic or sexual

violence if not relocated from the current dwelling unit.

(j) Statements made within a tenant's certification or an

attesting third party's verification may be used in court in

proceedings related to this section and shall be made under

penalty of perjury.

(k) The following shall apply regarding confidentiality and

permitted disclosure:

(1) All information submitted to an authority by a tenant

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seeking relocation under this section shall be confidential and

shall not be subject to disclosure except as ordered by a court

of competent jurisdiction or otherwise provided in this section.

(2) An authority may disclose the new address of a relocated

tenant only to the extent the tenant provides specific time-

limited consent to the disclosure in writing.

(3) An authority may not allow an employe or agent of the

authority to access confidential information under this section

unless explicitly authorized by the authority for reasons that

specifically call for the employe or agent to access the

confidential information under applicable Federal or State law.

(l) If a tenant complies with this section, an authority may

not assess a fee or other penalty against the tenant solely for

exercising a right granted under this this section or other law.

(m) A tenant may seek to enforce the tenant's rights under

this section using an available remedy provided by Federal or

State law.

(n) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Affiliated individual." As defined by 34 U.S.C. § 12491(a)

(1) (relating to housing protections for victims of domestic

violence, dating violence, sexual assault, and stalking).

"Attesting third party." Any of the following:

(1) A law enforcement official.

(2) A licensed health care professional.

(3) A victim advocate as defined by 34 U.S.C. § 12291(a)(41)

(relating to definitions and grant provisions).

(4) A victim assistant as defined by 34 U.S.C. § 12291(a)

(42).

(5) A victim service provider as defined by 34 U.S.C. §

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12291(a)(43) or a provider of victim services as defined by 34

U.S.C. § 12291(a)(44).

"COMPLETED REQUEST." A REQUEST INCLUDING OR SUPPLEMENTED

WITH INFORMATION WHICH THE AUTHORITY REQUIRES TO DETERMINE THE

TENANT'S ELIGIBILITY FOR RELOCATION ASSISTANCE UNDER THIS

SECTION.

"Domestic or sexual violence." Any of the following:

(1) Conduct against a family or household member that

constitutes an offense under any of the following:

(i) 18 Pa.C.S. § 2504 (relating to involuntary

manslaughter).

(ii) 18 Pa.C.S. § 2701 (relating to simple assault).

(iii) 18 Pa.C.S. § 2702(a)(3), (4) or (5) (relating to

aggravated assault).

(iv) 18 Pa.C.S. § 2705 (relating to recklessly endangering

another person).

(v) 18 Pa.C.S. § 2706 (relating to terroristic threats).

(vi) 18 Pa.C.S. § 2709.1 (relating to stalking).

(vii) 18 Pa.C.S. § 3124.1 (relating to sexual assault).

For the purpose of this paragraph, the term "family or household

member" shall have the same meaning as in 23 Pa.C.S. § 6102

(relating to definitions).

(2) Conduct that constitutes abuse as defined in 23 Pa.C.S.

§ 6102.

(3) Conduct that constitutes sexual violence as defined in

42 Pa.C.S. § 62A03 (relating to definitions).

(4) Dating violence, as defined in section 1553(f) of the

act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949.

"Premises." A dwelling and the structure of which it is a

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part. The term includes the exterior or interior areas:

(1) associated with the structure that are excluded from the

dwelling unit, including the fixtures, facilities and

appurtenances; and

(2) held out for the use of tenants generally or the use of

which is promised to the tenants.

Section 3. This act shall take effect in six months.

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