act-2005-0-49•Pennsylvania Act 2005-49 — MUNICIPALITIES GENERALLY (53 PA.C.S.) - CODIFYING THE OPTIONAL COUNTY AFFORDABLE HOUSING FUNDS ACT
Pennsylvania Act 2005-49 — MUNICIPALITIES GENERALLY (53 PA.C.S.) - CODIFYING THE OPTIONAL COUNTY AFFORDABLE HOUSING FUNDS ACT
act-2005-0-492005 Pa. Act 49Law
Act text
MUNICIPALITIES GENERALLY (53 PA.C.S.) - CODIFYING THE OPTIONAL COUNTY
AFFORDABLE HOUSING FUNDS ACT
Act of Jul. 14, 2005, P.L. 280, No. 49 Cl. 53
Session of 2005
No. 2005-49
HB 139
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, codifying the Optional County
Affordable Housing Funds Act; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 60
OPTIONAL AFFORDABLE HOUSING FUNDING
Subchapter
A. Preliminary Provisions
B. Affordable Housing Programs and Funding in Counties
C. Affordable Housing Programs and Funding in Cities of
First Class
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
6001. Scope of chapter.
6002. Legislative purpose.
6003. Definitions.
§ 6001. Scope of chapter.
This chapter deals with optional affordable housing funding.
§ 6002. Legislative purpose.
The General Assembly intends to provide a method for counties
and cities of the first class to raise revenues at the local
level to enable residents to purchase, rent or maintain quality
residential housing.
§ 6003. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County." A county of the second, second A, third, fourth,
fifth, sixth, seventh or eighth class. The term does not include
any county of the first class.
"National Affordable Housing Act of 1990." The Cranston-
Gonzalez National Affordable Housing Act (Public Law 101-625, 42
U.S.C. § 12701 et seq.), as amended.
SUBCHAPTER B
AFFORDABLE HOUSING PROGRAMS AND FUNDING IN COUNTIES
Sec.
6011. Affordable housing programs fee in counties.
6012. Disposition of proceeds in counties.
6013. Affordable housing efforts in counties.
§ 6011. Affordable housing programs fee in counties.
(a) General rule.--The governing body of each county may, by
ordinance, increase the fees charged by the recorder of deeds
for recording deeds and mortgages 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.
(b) Limitation.--The additional fees levied by a governing
body of a county under subsection (a) shall not exceed 100% of
the amounts charged on February 12, 1993.
§ 6012. Disposition of proceeds in counties.
(a) Deposit.--Money collected as a result of the fee imposed
under section 6011(a) (relating to affordable housing programs
fee in counties) shall be deposited in the general fund of the
county.
(b) Allocation.--Money collected as a result of the fee
imposed under section 6011(a) shall be allocated as follows:
(1) At least 85% of the money collected shall be set
aside in a separate account to be used to fund affordable
housing efforts in the county.
(2) Not more than 15% of the money collected may be used
by the county for the administrative costs associated with
the affordable housing efforts.
§ 6013. Affordable housing efforts in counties.
"Affordable housing effort" as used in this subchapter is any
program or project approved by the governing body of the county
which increases the availability of quality housing, either
sales or rental, to any county resident whose annual income is
less than the median income of the county and includes:
(1) Providing local matching funds to secure National
Affordable Housing Act of 1990 HOME funds.
(2) Assisting or supporting housing efforts by the
Pennsylvania Housing Finance Agency and by commercial banks
and thrift institutions.
(3) Supporting soft second mortgage programs.
SUBCHAPTER C
AFFORDABLE HOUSING PROGRAMS AND FUNDING
IN CITIES OF FIRST CLASS
Sec.
6021. Affordable housing programs fee in cities of first class.
6022. Disposition of proceeds in cities of first class.
6023. Affordable housing efforts in cities of first class.
§ 6021. Affordable housing programs fee in cities of first
class.
(a) General rule.--The governing body of a city of the first
class may, by ordinance, charge an affordable housing program
fee for recording deeds and mortgages and other related mortgage
documents.
(b) Limitation.--The fee levied by a governing body of a
city of the first class under subsection (a) shall not exceed
100% of the amounts charged by a city of the first class for
recording deeds and mortgages and other related documents on
January 31, 2005.
(c) Construction.--Subsection (a) shall not limit or
otherwise impact the authority of a city of the first class to
alter the fees charged by a city of the first class as of the
effective date of this chapter for recording deeds and mortgages
and other related mortgage documents.
§ 6022. Disposition of proceeds in cities of the first class.
(a) Deposit.--Money collected as a result of the fee imposed
under section 6021(a) (relating to affordable housing programs
fee in cities of the first class) shall be deposited in a
special fund established by a city of the first class.
(b) Allocation.--Money collected as a result of the fee
imposed under section 6021(a) shall be allocated as follows:
(1) At least 85% of the money collected shall be used to
fund affordable housing efforts in a city of the first class.
The following apply:
(i) A city of the first class may by ordinance
dedicate a portion of the funds allocated under this
subsection to benefit households whose annual income
adjusted for household size is equal to or less than 30%
of the median income of the metropolitan statistical area
including that city of the first class.
(ii) A city of the first class may by ordinance
dedicate a portion of the funds allocated under this
subsection to programs described in section 6023(1)
(relating to affordable housing efforts in cities of
first class).
(iii) A city of the first class may by ordinance
define criteria for accessibility of new and existing
housing for visitors or occupants who are physically
disabled and establish the percentage of new construction
units produced as a result of the affordable housing
efforts of the city funded under this subsection that
must meet the criteria.
(iv) A city of the first class may by ordinance
restrict expenditure of money raised under this
subchapter to those programs and projects described in
section 6023.
(v) A city of the first class may by ordinance
require that housing produced or rehabilitated through
affordable housing efforts be priced or rented at an
amount such that the purchase or rental will require the
expenditure of no more than a certain maximum percentage
of the gross income of the household of the purchaser or
renter.
(2) Not more than 15% of the money collected may be used
for the administrative costs of a city of the first class
associated with the affordable housing efforts.
§ 6023. Affordable housing efforts in cities of first class.
"Affordable housing effort" as used in this subchapter is a
program or project which increases the availability of quality
housing, either sales or rental, to any resident of a city of
the first class whose annual income adjusted for household size
is less than 115% of the median income of the metropolitan
statistical area including that city of the first class and
includes:
(1) A program or project which increases the production
of housing for sale or rent.
(2) A program or project which increases the
accessibility of new and existing housing to visitors or
occupants who are physically disabled.
(3) A program or project which provides grants for
repair of basic systems or improvement of owner-occupied
housing.
(4) A program or project which provides for the
improvement of facades for owner-occupied housing.
(5) A program or project which prevents or reduces
homelessness.
Section 2. The act of December 14, 1992 (P.L.866, No.137),
known as the Optional County Affordable Housing Funds Act, is
repealed.
Section 3. The addition of 53 Pa.C.S. Ch. 60 is a
continuation of the act of December 14, 1992 (P.L.866, No.137),
known as the Optional County Affordable Housing Funds Act. The
following apply:
(1) All activities initiated under the Optional County
Affordable Housing Funds Act shall continue and remain in
full force and effect and may be completed under 53 Pa.C.S.
Ch. 60. Ordinances, orders, rules and decisions which were
made under the Optional County Affordable Housing Funds Act
and which are in effect on the effective date of the addition
of 53 Pa.C.S. Ch. 60 shall remain in full force and effect
until revoked, vacated or modified under 53 Pa.C.S. Ch. 60.
Contracts and obligations entered into under the Optional
County Affordable Housing Funds Act are not affected nor
impaired by the repeal of the Optional County Affordable
Housing Funds Act.
(2) Except as set forth in paragraph (3), any difference
in language between 53 Pa.C.S. Ch. 60 and the Optional County
Affordable Housing Funds Act is intended only to conform to
the style of the Pennsylvania Consolidated Statutes and is
not intended to change or affect the legislative intent,
judicial construction or administration and implementation of
the Optional County Affordable Housing Funds Act.
(3) Paragraph (2) does not apply to the addition of 53
Pa.C.S. Ch. 60 Subch. C.
Section 4. If this act is enacted after July 1, 2005, and
prior to July 1, 2006, then the city council of a city of the
first class may institute the new fee under 53 Pa.C.S. § 6021(a)
for a partial fiscal year and may allocate those funds under 53
Pa.C.S. § 6022(b) within fiscal year 2005-2006.
Section 5. This act shall take effect in 60 days.
APPROVED--The 14th day of July, A. D. 2005.
EDWARD G. RENDELL
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