Regular Session 2021-2022 House Bill 2031 P.N. 2339

PRINTER'S NO. 2339

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2031

Session of

2021

INTRODUCED BY LABS, MIHALEK, THOMAS, PENNYCUICK, SCHROEDER,

HILL-EVANS, O'NEAL, KAIL, LEWIS DELROSSO, RYAN, MERCURI,

TOOHIL, MIZGORSKI AND JOZWIAK, OCTOBER 28, 2021

REFERRED TO COMMITTEE ON URBAN AFFAIRS, OCTOBER 28, 2021

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

relocation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 13.3(a), (c)(4), (e)(4), (f) introductory

paragraph, (2), (3) and (4), (g), (h), (i) and (n) of the act of

May 28, 1937 (P.L.955, No.265), known as the Housing Authorities

Law, are amended to read:

Section 13.3. Relocation.--(a) [A tenant who] If a tenant

or an affiliated individual is a victim [of domestic or sexual

violence], the tenant 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] became a victim on or near the

premises within [ninety (90)] one hundred eighty (180) 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.

* * *

request for any of the following:

* * *

(4) Assistance with contacting local organizations offering

assistance to victims [of domestic or sexual violence].

* * *

(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:

* * *

(4) 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] that the tenant or affiliated individual is a

victim to qualify for relocation under this section through any

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of the following:

* * *

(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] victimization as provided in

subsection (g).

(4) Any other evidence of the conviction or other

adjudication of guilt [for domestic or sexual violence committed

against] for the act or acts of which the tenant or an

affiliated individual is a victim.

(g) If an authority receives no conflicting information

regarding [domestic or sexual violence] the tenant or affiliated

individual's status as a victim, 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] in which the tenant or affiliated individual is a

victim.

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

perpetrator who committed the [domestic or sexual violence] act

of which the tenant or affiliated individual is a victim.

(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] the tenant or affiliated

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individual's status as a victim, 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

sexual violence] qualifying act 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]

tenant or affiliated individual's victimization.

(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] qualifying act of

which the tenant or affiliated individual was a victim did not

occur on the premises within [ninety (90)] one hundred eighty

(180) 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

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tenant or an affiliated individual is threatened with imminent

harm from further [domestic or sexual] violence if not relocated

from the current dwelling unit.

* * *

(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. §

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

U.S.C. § 12291(a)(44)].

(6) A licensed social worker.

"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).

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(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

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.

"Victim." Any of the following:

(1) An individual against whom an act of domestic violence,

sexual violence or stalking was committed or attempted.

(2) An individual against whom a crime as defined in section

103 of the act of November 24, 1998 (P.L.882, No.111), known as

the Crime Victims Act, was committed or attempted, if the crime

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directly resulted in the individual's physical injury, directly

resulted in the individual's mental injury where there was a

reasonably perceived or actual threat of physical injury or

directly resulted in the individual's death, and regardless of

whether a responsible party was arrested or adjudicated for the

commission of the crime.

(3) An individual who is an intervenor, as defined in

section 103 of the Crime Victims Act, in an act or crime

described in paragraphs (1) or (2).

(4) An individual who was physically present at the scene of

an act or crime described in paragraphs (1) or (2) and witnessed

the act or crime, and who as a direct result:

(i) suffers physical or mental injury; or

(ii) reasonably believes that the individual is under threat

of physical harm.

"Victim advocate." An individual, whether paid or serving as

a volunteer, who provides services to victims under the auspices

or supervision of a victim service provider or a court or a law

enforcement or prosecution agency.

"Victim service provider." An agency or organization

providing services to victims. The term includes a rape crisis

center, domestic violence shelter, faith-based organization or

agency or organization with a documented history of providing

services to victims.

Section 2. This act shall take effect in 60 days.

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