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

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31723488 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2109 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,,MAYES, SANCHEZ, CEPEDA-FREYTIZ, MADDEN, K.

HARRIS, WARRENWARREN, CURRY, DOUGHERTY AND CURRY,BRIGGS, DECEMBER 22, 2025 AS REPORTEDAMENDED FROM COMMITTEE ON HOUSINGSECOND ANDCONSIDERATION, COMMUNITY DEVELOPMENT, HOUSE OF REPRESENTATIVES, ASJUNE AMENDED,2, APRIL 13, 2026 AN ACT Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidatedprohibiting Statutes,occupancy inlimits.emptions, preemptions, providing for prohibiting<-- occupancyThe limits.General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

<-- (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 andbut BUT may limit the number of <-- individuals who may live together in a single dwelling based only on onedemonstrated 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 following:Pennsylvania Construction Code Act, fire code regulations or Department of Environmental Protection wastewater and water quality standards.

<--§ (1)307. Demonstrated ON DEMONSTRATED health and safety <-- standards, including the International Building Code <-- standards, 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 ACT, fire code regulations or Department of Environmental Protection wastewater and water quality standards.

(2)OCCUPANCY Federal,LIMITS. State, local or municipal affordable <-- housing program guidelines.

(b)<-- Definitions.--As(A) usedAUTHORIZATION.--SUBJECT inTO thisSUBSECTION section,(B), theA followingLOCAL wordsGOVERNMENT andMAY phrasesLIMIT shallOCCUPANCY haveTO theFIVE meaningsINDIVIDUALS givenWHO toARE themNOT inRELATED thisTHROUGH subsectionBLOOD, unlessMARRIAGE, theADOPTION contextOR clearlyFOSTER indicatesCARE otherwise: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:

"Local government unit." A county, city, borough, incorporated town, township, home rule municipality, optional 20250HB2109PN3488 - 2 - plan municipality or optional charter municipality in this Commonwealth.

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