Pennsylvania HB 2186: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for accessory dwelling units.

Bill Text

PRIOR PRINTER'S NOS. 2842, 3173 PRINTER'S NO. 3373
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2186
Session of
2026
INTRODUCED BY INGLIS, KHAN, SCOTT, DAVIDSON, SOLOMON, ZIMMERMAN,
SMITH-WADE-EL, POWELL, FREEMAN, HANBIDGE, OTTEN, WAXMAN,
D. WILLIAMS, CIRESI, MAYES, CEPEDA-FREYTIZ, MADDEN,
K. HARRIS, CURRY, MAZZOCCO, HOGAN AND DOUGHERTY,
FEBRUARY 2, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 6, 2026
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for accessory dwelling
units.
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 63
ACCESSORY DWELLING UNITS
Sec.
6301. Definitions.
6302. Permitted use by right.
6303 . Application.
6304 . Attached or detached unit.
6305 . Restrictions on accessory dwelling units.
6306 . Conformity.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

§ 6301. 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:
"Accessory dwelling unit."
(1) A residential living unit:
(i) on a parcel or lot on which a residential
building is present or may be constructed;
(ii) that provides complete independent living
facilities for one or more individuals; and
(iii) that includes, but is not limited to:
(A) an attached or detached unit;
(B) a unit that is part of an accessory
structure, including a detached garage; or
(C) a unit that is not part of an expanded or
remodeled dwelling.
(2) The term does not include a recreational vehicle.
"Municipality." A city, borough, incorporated town,
township, home rule municipality, optional plan municipality or
optional charter municipality, located in this Commonwealth.
"Planned community." As defined under 68 Pa.C.S. § 5103
(relating to definitions).
"Recreational vehicle." As defined under 75 Pa.C.S. § 9602
(relating to definitions).
"Residential building." As defined in section 103 of the act
of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act.
§ 6302. Permitted use by right.
An accessory dwelling unit ONE ACCESSORY DWELLING UNIT PER
LOT OR PARCEL shall be a permitted use by right in every
20260HB2186PN3373 - 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

municipality with zoning in which a residential building is a
permitted use, except that the permission may not supersede any
deed restriction, covenant or agreement restricting the use of
land or any master deed, bylaw or other document applicable to a
planned community.
§ 6303 . Application.
Consideration of applications and inspections shall be as
provided under section 502 of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act.
§ 6304 . Attached or detached unit.
Accessory dwelling units may be:
(1) attached to, or located within, a proposed or
existing residential building ; or
(2) detached from a proposed or existing residential
building if located on the same lot as the residential
building .
§ 6305 . Restrictions on accessory dwelling units.
The following restrictions shall apply to an accessory
dwelling unit:
(1) A municipality may not establish a minimum net floor
area for an accessory dwelling unit of more than 200 square
feet.
(2) A municipality may establish a maximum net floor
area for an accessory dwelling unit of not less than 50% of
the net floor area of the residential building or 850 square
feet, whichever is less, or the entire floor plate of a
basement or attic.
(3) A municipality may establish a height limitation for
an accessory dwelling unit of no less than 25 feet or the
20260HB2186PN3373 - 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

height of the residential building , whichever is less.
(4) A municipality may not establish a minimum allowance
for building cover or impervious cover for an accessory
dwelling unit of less than 200 square feet.
(5) A municipality may not require an accessory dwelling
unit to meet storm water or water quality standards that a
residential building on the same lot is not required to meet.
(6) A setback shall not be required for an existing
living area or accessory structure or for a structure
constructed in the same location and to the same dimensions
as an existing structure that is converted to an accessory
dwelling unit or for a portion of an accessory dwelling unit.
A setback of no more than four feet from the side and rear
lot lines may be required for an accessory dwelling unit that
is not converted from an existing structure or a new
structure constructed in the same location and to the same
dimensions as an existing structure.
(7) A zoning ordinance may not impose building material,
architectural design, color or similar requirements on an
acces