PRINTER'S NO. 2910
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2059
Session of
2019
INTRODUCED BY RIGBY, NOVEMBER 19, 2019
REFERRED TO COMMITTEE ON URBAN AFFAIRS, NOVEMBER 19, 2019
AN ACT
Amending the act of December 20, 2000 (P.L.724, No.99), entitled
"An act requiring purchasers of real estate with buildings
thereon to bring the buildings into compliance with municipal
codes; providing for nuisance abatement; and imposing
penalties," further providing for definitions, for issuance
of use and occupancy certificate, for applicability and for
compliance requirement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "temporary access certificate"
and "temporary use and occupancy certificate" in section 2 of
the act of December 20, 2000 (P.L.724, No.99), known as the
Municipal Code and Ordinance Compliance Act, are amended to
read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
["Temporary access certificate." A certificate issued by a
municipality as a result of the municipal inspection of a
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property incident to the resale of the property that identifies
at least one substantial violation, and the purpose of the
certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations pursuant to
the maintenance and repair provisions of this act. No person may
occupy a property during the term of a temporary access
certificate, but the owner shall be permitted to store
personalty that is related to the proposed use or occupancy of
the property or is needed to repair the substantial violations
during the time of the temporary access certificate.]
"Temporary use and occupancy certificate." A certificate
issued by a municipality as a result of the municipal inspection
of a property incident to the resale of the property that
reveals a violation [but no substantial violation], and the
purpose of the certificate is to authorize the purchaser to
fully utilize or reside in the property while correcting
violations pursuant to the maintenance and repair provisions of
this act.
* * *
Section 2. Sections 2.1(a) and 2.2(a) of the act are amended
to read:
Section 2.1. Issuance of use and occupancy certificate.
(a) General rule.--A municipality requiring a use and
occupancy certificate shall issue the certificate in the
following manner:
(1) If the municipal inspection reveals no violations.
(2) If the municipal inspection reveals at least one
violation, but no substantial violations, the municipality
shall issue a temporary use and occupancy certificate.
(3) If the municipal inspection reveals at least one
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substantial violation, the municipality shall [specifically
note those items on the inspection report and shall issue a
temporary access certificate.] note the violation in the
inspection report and may, at its discretion with regard to
human habitability, either:
(i) withhold a use and occupancy certificate for the
property until the substantial violation is corrected; or
(ii) allow the occupants to remain in the property
with a temporary use and occupancy permit while the
violation is corrected within the time period specified
in section 3(a), or another time period deemed by the
municipality as reasonable for the correction of the
violation.
Nothing in this subsection shall be construed to prohibit a
property owner or a property owner's designee from accessing
the property for the purpose of correcting a violation in
compliance with section 3(a).
* * *
Section 2.2. Applicability.
(a) Applicability.--Except as set forth in subsection (b),
this act shall not apply to, and a municipality may not require,
a certificate of occupancy[,] or a temporary use and occupancy
certificate [or a temporary access certificate] for a real
estate transfer, including a residential or nonresidential
transfer, as provided under 68 Pa.C.S. ยง 7103(b)(2) (relating to
application of part), to any of the following which take title
to property for the purpose of holding the property for sale to
offset losses incurred on a loan or other obligation in default
secured by a mortgage, deed of trust or other lien on the
property:
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(1) Bank.
(2) Savings association.
(3) Credit union.
(4) Mortgage lender.
(5) Financial institution similar to an institution
listed in paragraphs (1) through (4).
(6) Subsidiary of a financial institution listed in
paragraphs (1) through (5).
* * *
Section 3. Section 3(a) and (a.2)(2) of the act are amended
and the section is amended by adding a subsection to read:
Section 3. Compliance requirement.
(a) General rule.--Within 12 months of the date of purchase,
the purchaser of a property known to be in violation or
substantial violation of a municipal code or ordinance shall, at
his option, either:
(1) bring the property into compliance with municipal
codes or ordinances; or
(2) demolish the building or structure in accordance
with law.
* * *
(a.2) Reinspection of property.--
* * *
(2) If [a temporary access permit has been issued and
reinspection indicates that] the noted substantial violations
have been corrected but other cited violations have not yet
been corrected, and no other violation that makes the
property unfit for human habitation exists on the property,
the municipality shall issue a temporary use and occupancy
permit to be valid for the time remaining on the original
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temporary access permit.
* * *
(a.3) Suspension of duty to pay rent.--
(1) Notwithstanding any other provision of law or
agreement, whether oral or in writing, to the contrary,
whenever a municipality finds a substantial violation or
certifies a dwelling as unfit for human habitation, the duty
of a tenant of the dwelling to pay, and the right of the
landlord to collect, rent shall be suspended without
affecting any other term or condition of the landlord-tenant
relationship until the dwelling is certified as fit for human
habitation or the tenancy is terminated for a reason other
than nonpayment of rent.
(2) During a period when the duty to pay rent is
suspended and the tenant continues to occupy the dwelling,
the rent withheld shall be deposited by the tenant in an
escrow account in a bank or trust company approved by the
municipality and shall be paid to the landlord when the
dwelling is certified as fit for human habitation at any time
within six months from the date on which the dwelling was
certified as unfit for human habitation.
(3) If, at the end of six months after the certification
of a dwelling as unfit for human habitation, the dwelling has
not been certified as fit for human habitation, any money
deposited in escrow on account of continued occupancy shall
be payable to the depositor, except that any money deposited
in escrow may be used, for the purpose of making the dwelling
fit for human habitation and paying utility services for
which the landlord is obligated but which the landlord
refuses or is unable to pay.
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(4) No tenant may be evicted for any reason while rent
is deposited in escrow in accordance with this subsection.
* * *
Section 4. This act shall take effect in 60 days.
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