PRINTER'S NO. 680 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.673 Session of 2025 INTRODUCED BY HUGHES, SAVAL, KIM, SCHWANK, COMITTA, KEARNEY, TARTAGLIONE, COSTA, KANE, MILLER, STREET AND HAYWOOD, APRIL 28, 2025 REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 28, 2025 AN ACT Amending the act of April 9, 1929 (P.L.343, No.176), entitled "An act relating to the finances of the State government; providing for cancer control, prevention and research, for ambulatory surgical center data collection , for the Joint Underwriting Association, for entertainment business financial management firms, for private dam financial assurance and for reinstatement of item vetoes; providing for the settlement, assessment, collection, and lien of taxes, bonus, and all other accounts due the Commonwealth, the collection and recovery of fees and other money or property due or belonging to the Commonwealth, or any agency thereof, including escheated property and the proceeds of its sale, the custody and disbursement or other disposition of funds and securities belonging to or in the possession of the Commonwealth, and the settlement of claims against the Commonwealth, the resettlement of accounts and appeals to the courts, refunds of moneys erroneously paid to the Commonwealth, auditing the accounts of the Commonwealth and all agencies thereof, of all public officers collecting moneys payable to the Commonwealth, or any agency thereof, and all receipts of appropriations from the Commonwealth, authorizing the Commonwealth to issue tax anticipation notes to defray current expenses, implementing the provisions of section 7(a) of Article VIII of the Constitution of Pennsylvania authorizing and restricting the incurring of certain debt and imposing penalties; affecting every department, board, commission, and officer of the State government, every political subdivision of the State, and certain officers of such subdivisions, every person, association, and corporation required to pay, assess, or collect taxes, or to make returns or reports under the laws imposing taxes for State purposes, or to pay license fees or other moneys to the Commonwealth, or any agency thereof, 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 every State depository and every debtor or creditor of the Commonwealth," in fiscal supplements to statutory programs, establishing a tracking system for publicly financed housing. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Article LXXX of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, is amended by adding a subarticle to read: SUBARTICLE F HOUSING Section 8051. Tracking system for publicly financed housing. (a) Establishment.--Within one year of the effective date of this subsection, the agency shall post to its publicly accessible Internet website a searchable database of all publicly financed housing subject to one or more public assistance programs administered by the agency. To the extent available and permitted by Federal law or regulation, the database shall include all of the following: (1) The address of the property. (2) The anticipated date on which the affordability restrictions affecting the property may terminate. In the event that a property is subject to multiple affordability restrictions under one or more public assistance programs, the anticipated termination date for each affordability restriction shall be included. (3) Information as to whether the public assistance program or programs affecting the property allow the owner to elect to keep the property in the program or programs after the anticipated termination date of affordability restrictions relating to the program or programs. (4) Information regarding whether the property has been 20250SB0673PN0680 - 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 granted an extension or modification of the affordability restrictions affecting the property and the new anticipated termination date of the affordability restrictions resulting from the extension or modification. (5) Any other information that the agency deems relevant. (b) Maintenance.--The agency shall maintain the database required under subsection (a) and update the contents, including any updates provided by a local housing agency under subsection (d), no later than December 31, 2026, and each December 31 thereafter. (c) Reports.--By December 31 in each year following the implementation of the tracking system established under subsection (a), the agency shall submit the following reports to the Governor and the General Assembly: (1) For each publicly financed housing property that has or shall terminate in or before the end of the calendar year in which the report is due, the aggregate number of the terminated or terminating properties in this Commonwealth. (2) For each publicly financed housing property that is anticipated to terminate in or before the end of the first calendar year commencing after the due date of the report, the aggregate number of the terminating properties in this Commonwealth. (3) For each publicly financed housing property that is anticipated to terminate in or before the end of the second calendar year commencing after the due date of the report, the aggregate number of the terminating properties in this Commonwealth. (4) Any other information that the agency deems 20250SB0673PN0680 - 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 relevant. (d) Delivery.--To the extent permitted by Federal, State or local law or regulation, a local housing agency may deliver to the agency all of the information required under subsection (a) with respect to each property owned or operated by the local housing agency. Following the implementation of the tracking system under subsection (a), a local housing agency that elects to deliver the information described in this subsection shall deliver the information to the agency no later than November 30, 2026, and each November 30 thereafter. The agency shall incorporate all information delivered under this subsection in the publicly accessible database required under subsection (a) and in all reports required under subsection (c). (e) Appropriation.--The General Assembly may appropriate sufficient funds to the agency for the development and maintenance of the database required under this section. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Affordability restriction." A limit on rent that an owner may charge for occupancy of a rental unit in a publicly financed housing development or a limit on tenant income for persons or families seeking to qualify for admission to a publicly financed housing development. "Agency." The Pennsylvania Housing Finance Agency. "Local housing agency." An entity created and organized for the purpose of owning, operating, financing or administering one or more publicly financed housing projects. "Owner." A natural person, firm, partnership, corporation, trust, organization, limited liability company or other entity, 20250SB0673PN0680 - 4 - 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 or its successors or assigns, that holds title to publicly financed housing. "Publicly financed housing." A housing unit or development that receives government assistance under any of the following programs: (1) 42 U.S.C. Ch. 8 Subch. I (relating to general program of assisted housing), as it applies to new construction, substantial rehabilitation, moderate rehabilitation, property disposition and loan management set- aside programs or any other program providing project-based rental assistance. (2) The Federal Low Income Housing Tax Credit Program provided under 26 U.S.C. § 42 (relating to low-income housing credit). (3) 12 U.S.C. § 1701s (relating to rent supplement payments for qualified lower income families), as it applies to programs for rent supplement assistance thereunder. (4) 12 U.S.C. Ch. 13 (relating to national housing). (5) The below-market interest rate program under 12 U.S.C. § 1715l(d)(3) (relating to housing for moderate income and displaced families). (6) 12 U.S.C. § 1715l(d)(4), to the extent the project's rents are restricted under a government agreement. (7) 12 U.S.C. § 1715z-1 (relating to rental and cooperative housing for lower income families). (8) 42 U.S.C. § 1441 et seq. (Housing Act of 1949). (9) 42 U.S.C. § 1490a (relating to loans to provide occupant owned, rental, and cooperative housing for low and moderate income, elderly or handicapped persons or families). (10) The Urban Development Action Grant provided under 20250SB0673PN0680 - 5 - 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 42 U.S.C. § 5318 (relating to urban development action grants), to the extent that the affordability of dwelling units subject to the program are restricted under a government agreement. (11) The Housing Development Action grant provided under 42 U.S.C. Ch. 8 Subch. I, to the extent the project's rents are restricted under a government agreement. (12) The Pennsylvania Housing Tax Credit provided under Article XIX-G of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. "Tenant." A person entitled to possession or occupancy of a rental unit in publicly financed housing, including a subtenant, lessee or sublessee. "Termination." The cessation, discharge or removal of an affordability restriction affecting publicly financed housing in the absence of a simultaneous replacement of that restriction with an equivalent affordability restriction, including: (1) Nonrenewal or termination, in whole or in part, of a government program contract. (2) The expiration, in whole or in part, of an affordability restriction under a government program or the requirement to renew the restriction. (3) Payment in full of a government program mortgage loan. (4) Prepayment of a government program mortgage loan. Section 2. This act shall take effect immediately. 20250SB0673PN0680 - 6 - 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