Pennsylvania HB 570: An Act providing for middle-income, low-income and very-low-income housing units in new residential development projects.

Bill Text

PRINTER'S NO. 574
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 570
Session of
2025
INTRODUCED BY CARROLL, KHAN, HILL-EVANS, WAXMAN, SANCHEZ, GIRAL,
FIEDLER, KENYATTA, MAYES, CEPEDA-FREYTIZ, BOYD, RIVERA,
PROBST, KRAJEWSKI AND SMITH-WADE-EL, FEBRUARY 12, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
FEBRUARY 12, 2025
AN ACT
Providing for middle-income, low-income and very-low-income
housing units in new residential development projects.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Affordable
Housing for Working Families Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Community center." An indoor or outdoor building, space,
structure or improvement intended for active or passive
recreation, including parks, ball fields, meeting halls and
classrooms, that accommodate either organized or informal
activity and are oriented toward serving residents of the
municipality.
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"Developer." A person or entity who engages in the
development or rehabilitation of real estate for residential
occupancy and is responsible for the development of the real
estate, including acquisition, design, construction, repairing,
leasing, sale, operation and financing.
"Low-income housing." Affordable housing that is reserved
for occupancy by households with a gross household income that
does not exceed 80% of the median gross household income for
households of the same size within the housing region in which
the housing is located.
"Middle-income housing." Affordable housing that is reserved
for occupancy by households with a gross household income equal
to more than 80% but less than 120% of the median gross
household income for households of the same size within the
housing region in which the housing is located.
"Project." The development or rehabilitation of real estate,
including acquisition, construction, repairing, leasing, sale,
operation and financing.
"Very-low-income housing." Affordable housing that is
reserved for occupancy by households with a gross household
income that does not exceed 50% of the median gross household
income for households of the same size within the housing region
in which the housing is located.
Section 3. Housing development project requirement.
(a) Eligibility.--This section shall apply to a developer of
a project with 30 or more residential units that:
(1) Is approved by a municipal planning board or zoning
board to develop a project.
(2) Is permissible under either a use variance, a
density variance increasing the permissible density at the
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site, a rezoning permitting multiple residential units where
not previously permitted, a new or amended redevelopment plan
or a new or amended rehabilitation plan.
(3) Has a net density of six or more units per acre.
(4) Has an application for a construction permit that is
submitted on or after the effective date of this paragraph.
(b) Reserve.--The developer shall reserve at least:
(1) Five percent of the residential units for very-low-
income housing.
(2) Ten percent of the residential units for low-income
housing.
(3) Ten percent of the residential units for middle-
income housing.
(c) Requirements.--A project under this section shall be
developed as follows:
(1) If more than 25% of market-rate housing units are
completed, no less than 10% of very-low-income housing, low-
income housing and middle-income housing units shall be
completed.
(2) If 50% or more of the market-rate housing units are
completed, no less than 50% of very-low-income housing, low-
income housing and middle-income housing units shall be
completed.
(3) If 75% or more of the market-rate housing units are
completed, no less than 75% of very-low-income housing, low-
income housing and middle-income housing units shall be
completed.
(4) If 90% or more of the market-rate housing units are
completed, no less than 100% of very-low-income housing, low-
income housing and middle-income housing units shall be
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completed.
(d) Withholding of certificate of occupancy.--The
municipality shall withhold a certificate of occupancy for
market-rate units, at any stage of development, if the
requirements of this section are not satisfied.
(e) Location of units.--The developer of a project subject
to this section may develop the residential units reserved for
very-low-income housing, low-income housing and middle-income
housing onsite or offsite within the municipality in which the
project is located.
(f) Contract provisions.--A municipal approval or agreement
entered into between a municipality