PRIOR PRINTER'S NOS. 1841, 2172 PRINTER'S NO. 2286
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, KAZEEM, MAYES, CIRESI, OTTEN,
M. MACKENZIE, MAJOR, KUZMA, MIHALEK, SCHMITT, GAYDOS, KUTZ,
T. DAVIS AND CERRATO, JULY 11, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 13, 2023
AN ACT
1 Amending the act of December 20, 2000 (P.L.724, No.99), entitled
2 "An act requiring purchasers of real estate with buildings
3 thereon to bring the buildings into compliance with municipal
4 codes; providing for nuisance abatement; and imposing
5 penalties," further providing for definitions and for
6 compliance requirement.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definitions of "municipality," "temporary
10 access certificate" and "use and occupancy certificate" in
11 section 2 of the act of December 20, 2000 (P.L.724, No.99),
12 known as the Municipal Code and Ordinance Compliance Act, are
13 amended to read:
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 * * *
1 "Municipality." Any of the following:
2 (1) Any city, borough, incorporated town, township, home
3 rule municipality, optional plan municipality, optional
4 charter municipality or any similar general purpose unit of
5 government which may be created or authorized by statute.
6 (2) An authority or instrumentality of a unit of
7 government specified under paragraph (1).
8 * * *
9 "Temporary access certificate." A certificate issued by a
10 municipality as a result of the municipal inspection of a
11 property incident to the resale of the property that identifies
12 at least one substantial violation, and the purpose of the
13 certificate is to authorize the purchaser to access the property
14 for the purpose of correcting substantial violations pursuant to
15 the maintenance and repair provisions of this act. No [person]
16 new occupant who has not previously occupied a property may
17 occupy a property during the term of a temporary access
18 certificate, but [the] tenants, in the case of a tenant-occupied
19 property, already occupying the property may remain in the
20 property at the discretion of code enforcement based on human
21 habitability. The owner shall be permitted to store personalty
22 that is related to the proposed use or occupancy of the property
23 or is needed to repair the substantial violations during the
24 time of the temporary access certificate.
25 * * *
26 "Use and occupancy certificate." A certificate issued by a
27 municipality stipulating that the property meets [all]
28 ordinances and codes and may be used or occupied as intended.
29 * * *
30 Section 2. Section 3(a) and (a.2)(2) of the act are amended
20230HB1567PN2286 - 2 -
1 to read:
2 Section 3. Compliance requirement.
3 (a) General rule.--Within 12 months of the date of purchase,
4 the purchaser of a property known to be in violation or
5 substantial violation of a municipal code or ordinance shall, at
6 his option, either:
7 (1) bring the property into compliance with municipal
8 codes or ordinances; or
9 (2) demolish the building or structure in accordance
10 with law.
11 * * *
12 (a.2) Reinspection of property.--
13 * * *
14 (2) If a temporary access [permit] CERTIFICATE has been <--
15 issued and reinspection indicates that the noted substantial
16 violations have been corrected and no other substantial
17 violations that make the property unfit for human habitation
18 are noticed but other cited violations have not yet been
19 corrected, the municipality shall issue a temporary use and
20 occupancy [permit] CERTIFICATE to be valid for the time <--
21 remaining on the original temporary access [permit] <--
22 CERTIFICATE.
23 * * *
24 Section 3. This act shall take effect in 60 days.
20230HB1567PN2286 - 3 -