HB 1704 — An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to residential real property, further providing for definitions; in seller disclosures, further providing for disclosure form and providing for website information and for flood disclosure; and imposing duties on the Insurance Department.

PRIOR PRINTER'S NO.

2093 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

17042385 2025THE INTRODUCEDGENERAL BYASSEMBLY WARREN,OF VITALI,PENNSYLVANIA HILL-EVANS,HOUSE PIELLI,BILL GIRAL,Session KHAN,of SANCHEZ,No. T.

DAVIS,1704 HADDOCK,2025 DELLOSO,INTRODUCED D.BY WARREN, VITALI, HILL-EVANS, PIELLI, GIRAL, KHAN, ZIMMERMAN, SAPPEY AND MADSEN, JULY 7, 2025LLIAMS, CIRESI, AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 30, 2025 AN ACT Amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to residential real property, further providing for definitions;

WILLIAMS,in CIRESIseller ANDdisclosures, ZIMMERMAN,further JULYproviding 7,for 2025disclosure REFERREDform TOand COMMITTEEproviding ONfor INSURANCE,website JULYinformation 8, 2025 AN ACT Amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to residential real property, further providing for definitions;flood disclosure;

inand sellerimposing disclosures,duties furtheron providingthe forInsurance floodDepartment. disclosure;

and imposing duties on the Insuranceand for Department.

The definition of "material defect" in section <-- 7102 of Title 68 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding definitions to read:

SECTION 1.

SECTION 7102 OF TITLE 68 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ:

"Flood-related risk factor."factor "FLOOD RISK INDICATOR." Any of <-- the following that indicate a potential risk of flood damage to the subject property:

(1) Whether the subject property has previously experienced flood damage.damage., AND IF SO, THE NUMBER OF TIMES AND <-- ESTIMATED DATES OF THE FLOOD DAMAGE.

(4) Whether the current owner or any previous owner of <-- the subject property SELLER received any form of governmental <-- assistance for flood damage to the subject property.

(5) Whether the current owner of the subject property <-- maintains flood insurance on the subject property.

(6)(6)current Whether the current owner of the subject property (5) WHETHER THE <-- SELLER has ever filed an insurance claim for flood damage to the subject property, either through a private insurance company or through the National Flood Insurance Program.

(7) Whether there is an elevation certificate on the <-- subject property from the Federal Emergency Management Agency.

20250HB1704PN2385 - 2 - (1) A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property.

20250HB1704PN2093 - 2 - (2) The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect.

* * * <-- "Natural flood event." A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more parcels of real property, at least one of which is the subject property, from any of the following:

Section 7304(b) of Title 68 is amended by adding <-- a paragraph to read:

§7304(B)(13) 7304.OF TITLE 68 IS AMENDED TO READ:

<-- § 7304.

* * * (b) Contents of property disclosure statement.--The form of property disclosure statement promulgated by the State Real 20250HB1704PN2385 - 3 - Estate Commission shall call for disclosures with respect to all of the following subjects:

* * * (18) Any flood-related risk factor, to the best of the <-- seller's knowledge.

If known and applicable, the seller shall 20250HB1704PN2093 - 3 - disclose the number of times and the estimated dates that the subject property experienced flood damage.

* * * (13) [SOILS, DRAINAGE, BOUNDARIES AND SINKHOLES.] <-- LAND, INCLUDING SOILS, DRAINAGE, BOUNDARIES, SINKHOLES AND FLOOD RISK INDICATORS.

A standard homeowner's insurance 20250HB1704PN2385 - 4 - policy typically does not cover damage caused by flooding.

SectionSECTION 4.

FOR THE PURPOSE OF IMPLEMENTING THE AMENDMENT OF <-- 68 PA.C.S.

§ 7304(B)(13), REVISIONS TO THE PROPERTY DISCLOSURE STATEMENT SHALL BE PROMULGATED BY THE STATE REAL ESTATE COMMISSION WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AS A FINAL-OMITTED REGULATION UNDER THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT, WITH NOTICE OF PROPOSED RULEMAKING OMITTED UNDER SECTION 204 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW.

Section 4 5.

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