Pennsylvania HB 1148: An Act amending the act of October 17, 2008 (P.L.1645, No.132), known as the Home Improvement Consumer Protection Act, further providing for definitions and for the offense of home improvement fraud.

Bill Text

PRINTER'S NO. 1269
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1148
Session of
2025
INTRODUCED BY HOHENSTEIN, ISAACSON, GALLAGHER, PIELLI, SANCHEZ,
GIRAL, McNEILL, KENYATTA, HILL-EVANS, GUENST, PROKOPIAK,
CERRATO, PARKER, NEILSON, DONAHUE, BRENNAN, D. WILLIAMS,
MADDEN, MALAGARI, MAYES, CEPEDA-FREYTIZ AND WEBSTER,
APRIL 4, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2025
AN ACT
Amending the act of October 17, 2008 (P.L.1645, No.132),
entitled "An act providing for the regulation of home
improvement contracts and for the registration of certain
contractors; prohibiting certain acts; and providing for
penalties," further providing for definitions and for the
offense of home improvement fraud.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "owner" in section 2 of the act
of October 17, 2008 (P.L.1645, No.132), known as the Home
Improvement Consumer Protection Act, is amended to read:
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:
* * *
"Owner."
(1) The term includes any of the following:
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(i) An owner of a private residence, including any
person authorized by an owner to act on the owner's
behalf to order, contract for or purchase a home
improvement.
(ii) A person entitled to the performance of the
work of a contractor pursuant to a home improvement
contract.
(2) An owner of a private residence shall not be
required to reside in the residence to be deemed an owner
under this act. T o meet this definition for the purposes of
exemption to register as a contractor for home improvements,
the owner of a private residence shall be required to
maintain ownership and possession of the residence for one
year following the completion of construction.
(3) A person who owns three or more private residences
in this Commonwealth shall not be deemed an owner except with
respect to the person's primary residence or the part of the
building which houses the primary residence of the owner and
those private residences the person uses for personal
recreational purposes.
* * *
Section 2. Section 8(a)(7) and (8) of the act are amended
and the subsection is amended by adding a paragraph to read:
Section 8. Home improvement fraud.
(a) Offense defined.--A person commits the offense of home
improvement fraud if, with intent to defraud or injure anyone or
with knowledge that he is facilitating a fraud or injury to be
perpetrated by anyone, the actor:
* * *
(7) alters a home improvement agreement, mortgage,
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promissory note or other document incident to performing or
selling a home improvement without the consent of the
consumer; [or]
(8) directly or indirectly publishes a false or
deceptive advertisement in violation of State law governing
advertising about home improvement[.]; or
(9) fails to register as a contractor and instead makes
improvements as an owner with the intent to sell the property
to a new owner without ever residing in the home.
* * *
Section 3. This act shall apply to contracts entered into on
or after the effective date of this section.
Section 4. This act shall take effect in 60 days.
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