Bill Text: PA SB1174 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for appointment of members of authority, for qualifications, tenure and compensation of members of authority and for organization of authority; and providing for whistleblower hotline, for requirements regarding tenants and landlords in cities of the first class and for reporting by authorities in cities of the first class.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-05 - Act No. 130 [SB1174 Detail]

Download: Pennsylvania-2011-SB1174-Amended.html

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PRIOR PRINTER'S NOS. 1631, 2180, 2318 PRINTER'S NO. 2350
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1174 Session of2011
INTRODUCED BY YAW, KITCHEN, FONTANA, M. WHITE, BRUBAKER, D. WHITE, FERLO AND BREWSTER, SEPTEMBER 29, 2011
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JUNE 29, 2012
AN ACT
Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
amended, "An act to promote public health, safety, morals,
and welfare by declaring the necessity of creating public
bodies, corporate and politic, to be known as housing
authorities to engage in slum clearance, and to undertake
projects, to provide dwelling accommodations for persons of
low income; providing for the organization of such housing
authorities; defining their powers and duties; providing for
the exercise of such powers, including the acquisition of
property by purchase, gift or eminent domain, the renting and
selling of property, and including borrowing money, issuing
bonds, and other obligations, and giving security therefor;
prescribing the remedies of obligees of housing authorities;
authorizing housing authorities to enter into agreements,
including agreements with the United States, the
Commonwealth, and political subdivisions and municipalities
thereof; defining the application of zoning, sanitary, and
building laws and regulations to projects built or maintained
by such housing authorities; exempting the property and
securities of such housing authorities from taxation; and
imposing duties and conferring powers upon the State Planning
Board, and certain other State officers and departments,"
further providing for appointment of members of authority,
for qualifications, tenure and compensation of members of
authority and for organization of authority; and providing
for whistleblower hotline, for requirements regarding tenants
and landlords in cities of the first class and for reporting
by authorities in cities of the first class.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5(b) and 6 of the act of May 28, 1937
(P.L.955, No.265), known as the Housing Authorities Law, amended
March 21, 1968 (P.L.69, No.25) and July 15, 1968 (P.L.337,
No.163), are amended to read:
Section 5. Appointment of Members of an Authority.--* * *
(b) The governing body of any city upon issuing a
certificate declaring the need for an Authority to operate in
such city or upon receiving notice of the issuance of such
certificate by the Governor, shall promptly notify the mayor of
such certification. Upon receiving such notice, the mayor, with
the approval of the majority of the members of council, shall
appoint [five citizens,] residents of the city[,] to be members
of the housing authority of such city as follows--(1) that in
cities of the first class, [the mayor shall appoint two members,
the city controller shall appoint two members, and the four
members, thus appointed, shall select a fifth member of such
Authority] members shall be appointed as provided in subsection
(c); (2) that in cities of the second class, the mayor shall
appoint [two additional members for a total of] seven members of <--
the housing authority; (3) that in cities of the third class,
the mayor, with the approval of the majority of the members of
council, shall appoint five persons to be members of the housing
authority of such city, such members shall be citizens residing
within the city for which the Authority is created.
(c) (1) In cities of the first class, the mayor, with the
approval of the majority of the members of council, shall
appoint a total of nine members, two of whom shall be residents
of housing owned or controlled by the Authority.
(2) The two members required to be residents of housing
owned or controlled by the Authority shall be chosen pursuant to
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a nomination process agreed upon by the mayor, council president
and the executive director of the Authority.
(3) With respect to vacancies existing at the time this
subsection becomes effective, if council fails to act on any
proposed appointee to such a vacancy within sixty (60) days of
the mayor's submission of the proposed appointee to council, the
mayor may, without the approval of council, appoint such person
to be a member of the Authority; as many proposed appointees may
be appointed in this manner as may be necessary to bring
membership on this Authority to five members. A member appointed
without the approval of council may be subsequently approved by
council, or may be replaced by another member appointed by the
mayor, with the approval of the majority of the members of
council.
Section 6. Qualifications, Tenure and Compensation of
Members of an Authority.--No more than two persons holding any
other paid public office shall be members of the same housing
authority at the same time. No elected official shall be a
member of a housing authority in a city of the first class. The
members who are first appointed shall serve for terms of one,
two, three, four, and five years, respectively, from the date of
their appointment, as shall be specified at the time of their
appointment, except that all members of the housing authority of
a city of the first class shall serve for terms concurrent with
the term of the appointing mayor. Thereafter the term of office
shall be five years, except as otherwise provided with respect
to members of the housing authority of a city of the first
class. The two additional members to be appointed in cities of
the second class shall serve for terms of five years. A member
shall hold office until his successor has been appointed.
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Vacancies for unexpired terms shall be promptly filled by the
appointing power. A member may be removed for cause by the court
of quarter sessions of the county in which the Authority is
located after having been provided with a copy of the charges
against him for at least ten days and full hearing by the court,
except effective January 4, 2016, in a city of the first class,
the mayor of such city may, without cause, remove up to five
members of an Authority of such city during any calendar year,
with resulting vacancies to be filled pursuant to section 5(c);
removal of any member in excess of five in a single calendar
year shall be as otherwise provided in this section. A member
shall receive no compensation for his services, but he shall be
entitled to the necessary expenses, including travelling
expenses incurred in the discharge of his duties.
Section 2. Section 7 of the act is amended to read:
Section 7. Organization of an Authority.--(a) The members
of an Authority shall select from among themselves a chairman
and a vice-chairman. The Authority may employ a secretary, such
technical experts, and such other officers, agents, and
employes, permanent or temporary, as it may require, and may
determine the qualifications of such persons. Three members of
an Authority shall constitute a quorum for its meetings, except
that a majority of the members of the Authority then in office
in a city of the first class shall constitute a quorum for
meetings of such an Authority. Any Authority may employ its own
counsel and legal staff. Members of an Authority shall not be
liable personally on the bonds or other obligations of the
Authority, and the rights of creditors shall be solely against
such Authority. An Authority may delegate to one or more of its
agents or employes such of its powers as it shall deem necessary
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to carry out the purposes of this act, subject always to the
supervision and control of the Authority.
(b) In an Authority in a city of the first class, the
executive director and staff with executive duties who report
directly to either the executive director or members of the
Authority shall be at-will employes of the Authority and shall
serve at the pleasure of the members of the Authority. The
Authority shall not provide any payment or other thing of value
to such employes in connection with their separation from
employment, other than salary and benefits to which they are
entitled for regular employment through the date of separation.
Section 3. The act is amended by adding sections to read:
Section 10.2. Whistleblower Hotline.--An Authority of a city
of the first class shall maintain and monitor a whistleblower
hotline for the reporting of fraud, waste, abuse or any
wrongdoing in connection with the affairs of the Authority.
Section 13.1. Requirements Regarding Tenants and Landlords
in Cities of the First Class.--(a) An Authority of a city of
the first class shall take such measures as are necessary to
ensure compliance with all requirements imposed on the Authority
by Federal law regarding criminal activity by tenants and
prospective tenants, including, but not limited to, all
requirements regarding background checks.
(b) (1) An Authority of a city of the first class shall not
approve or renew any person or firm as a landlord in the Housing
Choice Voucher Program established pursuant to 24 CFR Pt. 982
(relating to section 8 tenant based assistance: housing choice
voucher program) if such person or firm is delinquent on any
property tax due with respect to the property for which approval
or renewal is sought.
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(2) For purposes of this subsection, a person or firm that
is current on a payment agreement with the taxing authority for
the property tax delinquency shall not be considered delinquent
with respect to the outstanding property tax liability covered
by such agreement, but a person or form that is in breach of
such agreement shall be considered delinquent.
Section 24.1. Reporting by Authorities in Cities of the
First Class.--Any Authority in a city of the first class shall,
annually, no later than thirty (30) days after the end of the
fiscal year of the Authority, submit a comprehensive written
report to the Secretary of Community and Economic Development,
the Majority and Minority Leaders of the Senate, the chair and
minority chair of the Committee on Urban Affairs and Housing of
the Senate, the Majority and Minority Leaders of the House of
Representatives, the chair and minority chair of the Committee
on Urban Affairs of the House of Representatives, the Mayor and
the President of Council regarding the Authority's operations,
administration, management, finances, legal affairs, housing
production and development and other relevant activities. The
report shall be produced and approved by the members and the
executive director of the Authority.
Section 4. This act shall take effect in 60 days.
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