HB 1437 signed by governor

Pennsylvania Gov. Tom Wolf signed House Bill 1437, which more clearly defines “unfit for habitation” to provide better guidance to local code enforcement officials.

Realtors® sent almost 14,000 emails to both state representatives and senators regarding HB 1437 (D-Goodman), making it one of the most talked about pieces of legislation in the capitol.

“Thank you to PAR members who responded to the Calls-to-Action. You took a stand for homebuyers,” said PAR President Todd Polinchock. “It was critical to helping legislators understand how this issue was hurting homebuyers and hindering the real estate transaction. There was a lot of negotiating that took place to get this bill passed and I want to give my heartfelt thanks to everyone involved in getting this legislation over the goal line.”

Many Realtors® have had issues with municipalities labeling houses “unfit for habitation” and refusing to issue temporary use and occupancy certificates to homebuyers, until cracked sidewalks are repaired and old house numbers are replaced. These minor issues exist elsewhere in the neighborhoods, but some municipalities have claimed they make the home “unfit for human habitation.”

HB 1437 requires that certificates be issued by municipalities who choose to conduct resale code inspections, regardless of the nature of code violation found. The bill creates a new category of “Temporary Access” certificates that would allow a sale to move forward, but require that substantial code violations be corrected prior to the new owner inhabiting the property. It would also require that all other code violations be corrected within a certain time frame, with financial and other penalties left in place for failure to comply.

Rep. Neal Goodman (D-Schuylkill) thanked PAR members for their support of HB 1437. “Without your involvement in the process, this legislation would never have made it to the floor for a vote, let alone the governor’s desk,” he said. “Thank you to PAR for working closely with everyone on both sides of the aisle to get this bill passed.”

Rep. Jamie Santora (R-Delaware), also a Realtor®, was instrumental in bringing attention to the issue. “We found there were many closing problems for many communities due to properties being labeled ‘unfit for habitation’ with no significant issues with the property,” Santora said. “The passing of H.B. 1437 should help to make the transaction process easier for homebuyers.”