November 2023 | Legislative Update
Pennsylvania Still Has No Completely Final State Budget
With only three scheduled session days left in 2023, there is no clear indication if the Legislature will pass a Fiscal Code that would release approximately $1 billion of state funds agreed to in the state budget. As we previously reported, unfinished business remains for the FY 2023-24 State Budget.
Funding for the Whole Home Repairs Program awaits a final Fiscal Code bill to be enacted. While $50 million for Whole Home Repairs passed as part of the General Appropriations bill (signed by the Governor on August 3rd), the funds cannot be spent without the enabling Fiscal Code. HB 1300—the current Fiscal Code legislation—has now been traded twice between House and Senate with the bill currently awaiting consideration by the Senate Rules Committee after last passing the House 121-82.
In addition to funding, HAP has recommended several policy updates to the Whole Home Repairs program after months of working with county administrators. Click Here to read our Whole Home Repairs Policy Recommendations.
As reported in October, increased PHARE funding awaits the passage of a tax code bill, currently HB 1219. While often part of a final budget package completed before the end of the fiscal year (June 30), it is not required that the legislature pass a tax code bill.
PHARE is also still in play as two free standing bills—Senator Elder Vogel’s SB 532 which was approved by the Senate Urban Affairs Committee in June and former State Representative Sara Innamorato’s HB 1316 which passed the House in June. While it is still possible that PHARE can be increased through one of these free-standing bills, it is more likely that we will ultimately succeed in increasing PHARE through a tax code provision.
Forthcoming Legislation Seeks to Seal Eviction Records
On November 13th, at a news conference at the State Capitol, State Representative Izzy Smith-Wade-El and State Senator Nikil Saval announced plans to introduce legislation in their respective chambers to seal eviction records.
Pennsylvania’s Clean Slate Law seals certain non-violent criminal records to aid those seeking employment after years of maintaining a clean record. It is only fair and in keeping with the precedent set by Clean Slate that the same technology be used to seal civil records that prevent those in need from accessing housing.
A single eviction record often does irreparable harm to the lives of families and individuals as they struggle to secure safe housing. The vast majority of landlords screen out and will not rent to those with an eviction or eviction filing on their records, according to a survey conducted by the Housing Alliance in early 2023 to which over 600 landlords responded. Research has shown that households with an eviction on their record are forced to rent in poorer quality housing and in higher poverty neighborhoods.
Eviction filings are always recorded regardless of the outcome of the case in court. A record is permanently attached to an individual even if they have never actually been evicted. Court records obtained and sold by consumer reporting and tenant screening companies can automatically eliminate the possibility that potential landlords will consider applicants with eviction records.
The forthcoming bills are expected to seal filings until there is a judgement for the plaintiff (landlord). Any judgements for the defendant would remain sealed indefinitely. Ultimately, all records would be permanently sealed. Further details will be available once the legislation is introduced.
The Housing Alliance is advocating for a public hearing on the legislation in 2024 to further elevate the issue and gather support. This initiative is critical to removing an enormous barrier that prevents access to housing for thousands of Pennsylvanians. During an era when so many are being displaced due to economic circumstances, we seek a fairer approach to remove a major barrier preventing vulnerable citizens from attaining future housing. This is not an isolated instance of policy having unintended consequences but is one that must be corrected. A roof overhead is not a luxury, it is a basic human need. Landlords are entitled to pursue legal action, but tenants must be provided second chances to restore balance.
Forthcoming legislation seeks zoning reforms.
Republican State Senators John DiSanto, Dan Laughlin, and Greg Rothman have announced forthcoming legislation aimed at increasing affordable homes in more communities by alleviating municipal zoning restrictions.
The senate co-sponsorship memo circulated on October 31st announcing the legislation states:
Some of the primary culprits contributing to the ongoing housing shortage are excessive land use regulations and zoning restrictions that unfairly limit what kinds of housing can be built where. These regulations not only increase construction costs but also curtail the development of medium and high-density housing options, which are being sought by potential residents across all income levels.
Our proposed legislation offers defensible limits on local zoning regulations while restoring the rights of private property owners to create more affordable housing alternatives. Many other states and local governments have successfully employed similar measures to stimulate housing construction without burdening taxpayers with costly, inefficient government programs.
The legislation will grant the automatic right to use manufactured housing and accessory dwelling units in single-family zoning districts. For municipalities with larger populations, medium-density housing will also be permitted by right. The legislation will also ensure minimum lot sizes and parking space requirements don’t interfere with housing affordability.
Washington and Montana recently joined California, Oregon, and Maine in passing legislation to allow more types of housing on land previously zoned exclusively for single-family homes. The federal government is also encouraging communities to tackle restrictive land use through $85 million in HUD grants that will help cities identify and implement zoning reforms.
The Housing Alliance supports zoning reforms that increase density and the construction of affordable homes. HAP will closely monitor this legislation as it develops.
PA Legislature Still Actively Considers Housing; Public Hearing on PA’s Housing Market Scheduled
The State Senate Urban Affairs and Housing Committee is scheduled to hold a public hearing on the state of Pennsylvania’s housing market on December 11th at 9:00 a.m. in the State Capitol (rescheduled from November 15th.) HAP’s Director of Government Affairs, Aaron Zappia, will provide testimony. Check here for updates on the hearing or to live stream.