Pennsylvania HB 2109: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for occupancy limits.

Bill Text

PRIOR PRINTER'S NOS. 2728, 3172 PRINTER'S NO. 3488
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2109
Session of
2025
INTRODUCED BY KHAN, MAJOR, INGLIS, GREEN, SCOTT, DAVIDSON,
SOLOMON, POWELL, SMITH-WADE-EL, RIVERA, OTTEN, KENYATTA,
GUENST, WAXMAN, D. WILLIAMS, HILL-EVANS, CIRESI, MAYES,
SANCHEZ, CEPEDA-FREYTIZ, MADDEN, K. HARRIS, WARREN, CURRY,
DOUGHERTY AND BRIGGS, DECEMBER 22, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 2, 2026
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for
prohibiting occupancy limits.
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 section to read:
§ 307. Prohibiting occupancy limits.
(a) Prohibition.--A local government unit may not limit the
number of individuals who may live together in a single dwelling
based on familial relationship but may limit the number of
individuals who may live together in a single dwelling based
on demonstrated health and safety standards, including
any applicable building or construction codes and standards
promulgated by regulation under the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
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Act, fire code regulations or Department of Environmental
Protection wastewater and water quality standards.
§ 307. OCCUPANCY LIMITS.
(A) AUTHORIZATION.--SUBJECT TO SUBSECTION (B), A LOCAL
GOVERNMENT MAY LIMIT OCCUPANCY TO FIVE INDIVIDUALS WHO ARE NOT
RELATED THROUGH BLOOD, MARRIAGE, ADOPTION OR FOSTER CARE AND WHO
LIVE TOGETHER IN A SINGLE DWELLING BASED ON:
(1) DEMONSTRATED HEALTH AND SAFETY STANDARDS, INCLUDING
ANY APPLICABLE BUILDING OR CONSTRUCTION CODE OR STANDARDS
PROMULGATED BY REGULATION UNDER THE ACT OF NOVEMBER 10, 1999
(P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA CONSTRUCTION CODE
ACT, FIRE CODE REGULATIONS OR WASTEWATER AND WATER QUALITY
STANDARDS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION; OR
(2) WHETHER THE INDIVIDUALS ARE MATRICULATED STUDENTS AT
A COLLEGE OR UNIVERSITY.
(B) PROHIBITION.--A LOCAL GOVERNMENT MAY NOT LIMIT THE
NUMBER OF INDIVIDUALS WHO LIVE TOGETHER IN A SINGLE DWELLING
BASED ON THEIR FAMILIAL RELATIONSHIP.
(C) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO AFFECT THE AUTHORITY, UNDER OTHER LAW, OF A LOCAL
GOVERNMENT TO LIMIT OCCUPANCY OF A FACILITY LICENSED BY THE
COMMONWEALTH.
(b) (D) 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:
"Familial relationship." An individual's connection to one
or more other individuals through blood, marriage, adoption or
foster care.
"Local government unit." A county, city, borough,
incorporated town, township, home rule municipality, optional
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plan municipality or optional charter municipality in this
Commonwealth.
Section 2. This act shall take effect in 60 days.
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