Tracking system for publicly financed housing

Act 176 of 1929, § 8061, under THE FISCAL CODE.

Act 176 of 1929, § 8061

Section 8061. Tracking system for publicly financed housing.

(a) Establishment.--No later than December 31, 2027, the agency shall post to its publicly accessible Internet website a searchable database of all publicly financed rental housing subject to one or more public assistance programs administered by the agency. To the extent data is available and permitted to be shared under Federal law, regulation or contract, the database shall include all of the following:

(1) The address of the property.

(2) The anticipated date on which the affordability restrictions affecting the property may terminate. In the event that a property is subject to multiple affordability restrictions under one or more public assistance programs, the anticipated termination date for each affordability restriction shall be included.

(3) Information as to whether the public assistance program or programs affecting the property allow the owner to elect to keep the property in the program or programs after the anticipated termination date of affordability restrictions relating to the program or programs.

(4) Information regarding whether the property has been granted an extension or modification of the affordability restrictions affecting the property and the new anticipated termination date of the affordability restrictions resulting from the extension or modification.

(5) Any other information that the agency deems relevant.

(b) Maintenance.--Subject to the availability of data, the agency shall maintain the database required under subsection (a) and update the contents, including any updates provided by a local housing agency under subsection (d), no later than December 31, 2027, and each December 31 thereafter.

(c) Reports.--By December 31 of each year following the implementation of the tracking system established under subsection (a), the agency shall submit a report to the Governor and the General Assembly, which shall include aggregate data for the next three calendar years for each publicly financed rental housing property. The agency may include any other information that the agency deems relevant.

(d) Delivery.--To the extent permitted by Federal, State or local law or regulation, a local housing agency may deliver to the agency all of the information required under subsection (a) with respect to each publicly financed rental property owned or operated by the local housing agency. Following the implementation of the tracking system under subsection (a), a local housing agency that elects to deliver the information described in this subsection shall deliver the information to the agency no later than October 1, 2027, and each October 1 thereafter. The agency shall incorporate all information delivered under this subsection in the publicly accessible database required under subsection (a) and in all reports required under subsection (c).

(e) Third party.--The agency may partner with a third-party entity to assist with the requirements of this subarticle.

(f) 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:

"Affordability restriction." A limit on rent that an owner may charge for occupancy of a rental unit in a publicly financed rental housing development or a limit on tenant income for persons or families seeking to qualify for admission to a publicly financed rental housing development.

"Agency." The Pennsylvania Housing Finance Agency.

"Local housing agency." An entity created and organized for the purpose of owning, operating, financing or administering one or more publicly financed rental housing projects.

"Owner." A natural person, firm, partnership, corporation, trust, organization, limited liability company or other entity, or its successors or assigns, that holds title to publicly financed rental housing.

"Publicly financed rental housing." A residential rental development with five or more units of housing that receives government assistance from any of the following:

(1) United States Housing and Urban Development Project Based Rental Assistance under 42 U.S.C. Ch. 8 Subch. I (relating to general program of assisted housing).

(2) A direct loan authorized under 12 U.S.C. § 1701q (relating to supportive housing for the elderly).

(3) A mortgage loan on publicly financed rental housing insured by the United States Department of Housing and Urban Development.

(4) The Federal Low-Income Housing Tax Credit Program provided under 26 U.S.C. § 42 (relating to low-income housing credit).

(5) A rural housing loan made under 42 U.S.C. §§ 1484 (relating to insurance of loans for housing and related facilities for domestic farm labor) and 1485 (relating to housing and related facilities for elderly persons and families or other persons and families of low income).

(6) A rural development project under 42 U.S.C. § 1490p-2 (relating to loan guarantees for multifamily rental housing in rural areas).

(7) Public housing established under 42 U.S.C. Ch. 8 (relating to low-income housing).

(8) Project-Based Rental Assistance issued by the United States Department of Housing and Urban Development.

(9) The National Housing Trust Fund established under 12 U.S.C. § 4568 (relating to Housing Trust Fund).

(10) The Affordable Housing Tax Credit provided under Article XVI-W.1.

(11) Any other residential rental development the agency may choose to be designated as receiving government assistance.

"Tenant." A person entitled to possession or occupancy of a rental unit in publicly financed rental housing, including a subtenant, lessee or sublessee.

"Termination." The cessation, discharge or removal of an affordability restriction affecting publicly financed rental housing in the absence of a simultaneous replacement of that restriction with an equivalent affordability restriction, including:

(1) Nonrenewal or termination, in whole or in part, of a government program contract.

(2) The expiration, in whole or in part, of an affordability restriction under a government program or the requirement to renew the restriction.

(3) Payment in full of a government program mortgage loan.

(4) Prepayment of a government program mortgage loan.

(8061 added July 12, 2026, P.L.265, No.21)