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A02555
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1567
Session of
2023
INTRODUCED BY MALAGARI, MADDEN, SANCHEZ, WEBSTER, N. NELSON,
HILL-EVANS, GUENST, KHAN, SAMUELSON, SHUSTERMAN, D. WILLIAMS,
GREEN, CEPEDA-FREYTIZ, BOYD AND KAZEEM, JULY 11, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JULY 11, 2023
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 and for
compliance requirement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "municipality," "temporary
access certificate" and "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:
* * *
"Municipality." Any of the following:
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(1) Any city, borough, incorporated town, township, home
rule municipality, optional plan municipality, optional
charter municipality or any similar general purpose unit of
government which may be created or authorized by statute.
(2) An authority or instrumentality of a unit of
government specified under paragraph (1).
* * *
"Temporary access 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 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]
new occupant who has not previously occupied a property may
occupy a property during the term of a temporary access
certificate, but [the] tenants, in the case of a tenant-occupied
property, already occupying the property may remain in the
property at the discretion of code enforcement based on human
habitability and may withhold rent under the act of January 24,
1966 (1965 P.L.1534, No.536), referred to as the City Rent
Withholding Act . 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.
* * *
"Use and occupancy certificate." A certificate issued by a
municipality stipulating that the property meets [all]
ordinances and codes and may be used or occupied as intended.
* * *
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Section 2. Section 3(a) and (a.2)(2) of the act are amended
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 and no other substantial violations that
make the property unfit for human habitation are noticed but
other cited violations have not yet been corrected, the
municipality shall issue a temporary use and occupancy permit
to be valid for the time remaining on the original temporary
access permit.
* * *
Section 3. This act shall take effect in 60 days.
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