PRINTER'S NO. 1105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
801
Session of
2019
INTRODUCED BY BLAKE, FONTANA, SANTARSIERO, BREWSTER, FARNESE,
GORDNER, HUGHES, HAYWOOD, COSTA, BROWNE, YUDICHAK AND
TARTAGLIONE, JULY 15, 2019
REFERRED TO URBAN AFFAIRS AND HOUSING, JULY 15, 2019
AN ACT
Amending the act of December 3, 1959 (P.L.1688, No.621),
entitled "An act to promote the health, safety and welfare of
the people of the Commonwealth by broadening the market for
housing for persons and families of low and moderate income
and alleviating shortages thereof, and by assisting in the
provision of housing for elderly persons through the creation
of the Pennsylvania Housing Finance Agency as a public
corporation and government instrumentality; providing for the
organization, membership and administration of the agency,
prescribing its general powers and duties and the manner in
which its funds are kept and audited, empowering the agency
to make housing loans to qualified mortgagors upon the
security of insured and uninsured mortgages, defining
qualified mortgagors and providing for priorities among
tenants in certain instances, prescribing interest rates and
other terms of housing loans, permitting the agency to
acquire real or personal property, permitting the agency to
make agreements with financial institutions and Federal
agencies, providing for the purchase by persons of low and
moderate income of housing units, and approving the sale of
housing units, permitting the agency to sell housing loans,
providing for the promulgation of regulations and forms by
the agency, prescribing penalties for furnishing false
information, empowering the agency to borrow money upon its
own credit by the issuance and sale of bonds and notes and by
giving security therefor, permitting the refunding,
redemption and purchase of such obligations by the agency,
prescribing remedies of holders of such bonds and notes,
exempting bonds and notes of the agency, the income
therefrom, and the income and revenues of the agency from
taxation, except transfer, death and gift taxes; making such
bonds and notes legal investments for certain purposes; and
indicating how the act shall become effective," in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Pennsylvania Housing Affordability and Rehabilitation
Enhancement Program, further providing for definitions and
for fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 401-D of the act of December 3, 1959
(P.L.1688, No.621), known as the Housing Finance Agency Law, is
amended by adding a definition to read:
Section 401-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County." A county of the first, second, second class A,
third, fourth, fifth, sixth, seventh or eighth class.
* * *
Section 2. Section 406-D of the act is amended by adding a
subsection to read:
Section 406-D. Fund.
* * *
(d) Optional county funding.--
(1) The governing body of each county may, by ordinance,
increase fees charged by the recorder of deeds for recording
any documents except:
(i) In counties of the second, second class A,
third, fourth, fifth, sixth, seventh and eighth class,
deeds and mortgages.
(ii) In counties of the first class, deeds,
mortgages and related mortgage documents that are or may
be subject to 53 Pa.C.S. Ch. 60 Subch. C (relating to
affordable housing programs and funding in cities of
first class).
20190SB0801PN1105 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
(2) The governing body of each county shall notify the
agency in writing upon adoption of an ordinance provided for
under paragraph (1). The notice shall also include a list of
the fees to be increased.
(3) The additional fees levied by a governing body of a
county of the second, second class A, third, fourth, fifth,
sixth, seventh or eighth class under paragraph (1) shall not
exceed 100% of the amounts charged under the act of June 12,
1919 (P.L.476, No.240), referred to as the Second Class
County Recorder of Deeds Fee Law, or the act of April 8, 1982
(P.L.310, No.87), referred to as the Recorder of Deeds Fee
Law, on the effective date of this subsection. The additional
fees levied by a governing body of a county of the first
class under paragraph (1) shall not exceed 100% of the
amounts charged by a city or county of the first class for
recording documents other than deeds, mortgages and other
related mortgage documents on the effective date of this
subsection.
(4) Money collected as a result of the fee imposed under
this subsection shall be allocated as follows:
(i) At least 75% of the money collected shall be
deposited into the fund.
(ii) A county may retain up to 25% of the money
collected to be utilized for local affordable housing
efforts, and may, at the discretion of the county,
deposit the money into an account already established for
such purpose under 53 Pa.C.S. ยง 6012 (relating to
disposition of proceeds in counties).
(5) The agency shall give preference to applications for
funding under this subsection if the proposed project is
20190SB0801PN1105 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
located within a county that has enacted an ordinance under
paragraph (1).
Section 3. This act shall take effect in 60 days.
20190SB0801PN1105 - 4 -
1
2
3