HB 2186 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for accessory dwelling units.

PRIOR PRINTER'S NO.

2842 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

31732186 THE2026 GENERALINTRODUCED ASSEMBLYBY OFINGLIS, PENNSYLVANIAKHAN, HOUSESCOTT, BILLDAVIDSON, SessionSOLOMON, ofZIMMERMAN, No.SMITH-WADE-EL, POWELL, FREEMAN, HANBIDGE, OTTEN, WAXMAN, D.

2186WILLIAMS, CIRESI, MAYES, CEPEDA-FREYTIZ, MADDEN AND K.HARRIS, FEBRUARY 2, 2026 INTRODUCEDREFERRED BYTO INGLIS,COMMITTEE KHAN,ON SCOTT,HOUSING DAVIDSON,AND SOLOMON,COMMUNITY ZIMMERMAN,DEVELOPMENT, D.FEBRUARY 2, 2026 AN ACT Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for accessory dwelling units.

WILLIAMS, CIRESI, MAYES, CEPEDA-FREYTIZ, MADDEN,XMAN, K.

HARRIS, CURRY, MAZZOCCO AND HOGAN, FEBRUARY 2, 2026 AS HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 13, 2026ELOPMENT, AN ACT Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for accessory dwelling units.

<--6304. 6304 6303.

<--6305. 6305 6304.

<--6306. 6306 6305.

<--6307. 6307 6306.

<-- § 6301.

(i) on a parcel or lot on which a single-family <-- dwelling RESIDENTIAL BUILDING is present or may be <-- constructed;

"Dwelling unit." A residential living unit that provides <-- complete independent living facilities for one or more individuals and includes permanent provisions for living, sleeping, eating, cooking and sanitation.

"Single-family detached dwelling unit." A freestanding <-- 20260HB2186PN3173 - 2 - building containing one dwelling unit for one family.

"RESIDENTIAL20260HB2186PN2842 BUILDING."- AS2 DEFINED- IN§ SECTION6302. 103 OF THE ACT <-- OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA CONSTRUCTION CODE ACT.

§ 6302.

An accessory dwelling unit shall be a permitted use by right in every municipality WITH ZONING in which a single-family <-- detached dwelling unit RESIDENTIAL BUILDING is a permitted use, <-- except that the permission may not supersede any deed restriction, covenant or agreement restricting the use of land or any master deed, bylaw or other document applicable to a planned community.

<-- A municipality shall adopt an ordinance to permit the development of at least one accessory dwelling unit for each single-family detached dwelling unit, subject to reasonable regulation that is the least restrictive means of accomplishing the goal of the regulation.

§ 63046304. 6303.

<-- (a) Process.--The following application process shall apply <-- for an accessory dwelling unit:

20260HB2186PN3173 - 3 - (3) If the permit application to create or serve an accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling unit on the lot, the municipality may delay approving or denying the permit application for the accessory dwelling 20260HB2186PN2842 - 3 - unit until the municipality approves or denies the permit application to create or serve the new single-family dwelling unit.

CONSIDERATION§ OF6305. APPLICATIONS AND INSPECTIONS SHALL BE AS <-- PROVIDED UNDER SECTION 502 OF THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA CONSTRUCTION CODE ACT.

§ 6305 6304.

<-- 20260HB2186PN3173 - 4 - Accessory dwelling units may be:

(1) attached to, or located within, a proposed or existing single-family detached dwelling unitunit; RESIDENTIAL <-- BUILDING;

or (2) detached from a proposed or existing single-family <-- detached dwelling unit RESIDENTIAL BUILDING if located on the <-- same lot as the dwellingdwelling. RESIDENTIAL BUILDING.

<-- § 63066306. 6305.

<-- The following restrictions shall apply to an accessory dwelling unit:

20260HB2186PN2842 - 4 - (1) A municipality may not establish a minimum net floor area for an accessory dwelling unit of more than 150 200 <-- square feet.

(2) A municipality may establish a maximum net floor area for an accessory dwelling unit of not less than 50% of the net floor area of the single-family detached dwelling <-- unit or 1,250 RESIDENTIAL BUILDING OR 850 square feet, <-- whichever is less, or the entire floor plate of a basement or attic.

(3) A municipality may establish a height limitation for an accessory dwelling unit of no less than 25 feet or the height of the single-family detached dwelling unitunit, <-- RESIDENTIAL BUILDING, whichever is less.

<-- (4) A municipality may not establish a minimum allowance for building cover or impervious cover for an accessory dwelling unit of less than 600 200 square feet.

<-- (5) A municipality may not require an accessory dwelling unit to meet storm water or water quality standards that a single-family detached dwelling unit RESIDENTIAL BUILDING on <-- the same lot is not required to meet.

20260HB2186PN3173 - 5 - (6) A setback shall not be required for an existing living area or accessory structure or for a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or for a portion of an accessory dwelling unit.

(7) A zoning ordinance may not impose building material, 20260HB2186PN2842 - 5 - architectural design, color or similar requirements on an accessory dwelling unit that are more restrictive than the requirements applicable to the single-family detached <-- dwelling RESIDENTIAL BUILDING on the same lot.

<-- (8) A municipality may not require a passageway between an accessory dwelling unit and a single-family detached <-- dwelling unitunit, RESIDENTIAL BUILDING, except as required by the <-- applicable building or fire code.

(9) A municipality shall not condition the approval of an accessory dwelling unit on the correction of a nonconforming use, structure or lot or require the installation of fire sprinklers in an accessory dwelling unit if the sprinklers are not required for the single-family <-- detached dwelling unit RESIDENTIAL BUILDING located on the <-- same lot.

(10) A municipality, municipal authority or public <-- utility:

(i) may not consider an accessory dwelling unit to be a new residential use for the purposes of calculating 20260HB2186PN3173 - 6 - connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling unit on the same lot;

(11) (10) A municipality may not require owner-occupancy <-- requirements of either the single-family detached dwelling <-- unit RESIDENTIAL BUILDING or the accessory dwelling unit.