Pennsylvania municipalities typically possess wide discretion to zone locally for certain types of housing in their zoning districts. However, that may change due a recent bill introduced in the General Assembly that proposes to restrict municipalities’ abilities to regulate multi-family housing in particular.
Advocacy groups say that in recent years, Pennsylvania, along with the rest of the country, has faced a persistent housing shortage, resulting in ever-rising housing costs and what some groups say is a housing gap of almost 100,000 homes. Against this backdrop, Senator John DiSanto introduced Senate Bill 1126 in April of 2024, which purports to limit the restrictions municipalities can include in their zoning ordinances to preclude higher density housing in certain areas.
According to a Senate Memorandum, SB 1126 was designed to update the Pennsylvania Municipalities Planning Code (the “MPC”)1 to “alleviate municipal zoning restrictions that impede housing affordability so that homeownership or other quality housing options are available to all Pennsylvanians.” The bill would change the current law in two distinct ways. First, the bill would expand the kinds of housing permitted in single-family zoning districts by allowing manufactured homes, accessory dwelling units, and certain multi-family homes in any zoning district that permits single-family dwelling units. Second, the bill would ease the restrictiveness of certain zoning ordinances pertaining to minimum lot size, height limits, and parking space requirements, effectively increasing the permitted housing density in areas that are currently zoned to prevent it.
SB 1126 also proposes certain new statutory definitions, which are summarized as follows:
- Accessory Dwelling Units – Residential living units built on the same lot as a single-family dwelling, which provide “complete independent living facilities for one or more persons.” At least one of these units will be permitted per each single-family dwelling, subject to “reasonable” local regulations.
- Manufactured Homes – Structures that are “transportable in one or more sections, . . . built on a permanent chassis and designed to be used as a dwelling . . . when connected to utilities.” The term excludes “self-propelled recreational vehicles.” Municipalities may not require manufactured homes to be located only within manufactured home communities. Rather, these types of dwellings will be regulated just as single-family dwellings are.
Importantly, there is a proposed exception for planned communities to permit that type of development to continue enforcement of certain deeds, bylaws, or other agreements restricting the use of land.
The proposed bill is not yet law. As of August 29, 2024, SB 1126 is still pending in the Senate Urban Affairs and Housing Committee.2 There are also similar bills pending in the Pennsylvania House at HB 19763 and HB 2045,4 both of which are also working their way through various committees.
These proposals, if they become law, would create dramatic and transformative changes to Pennsylvania’s system of zoning and land use. It is of note that the Pennsylvania State Association of Township Supervisors (“PSATS”) has stated that while it is “supportive of voluntary tools and options for planning for affordable and accessible housing, PSATS opposes any effort to preempt townships’ authority to plan for and regulate land use.”
If you have questions about these pending bills, or about zoning/land use or municipal law generally, please contact Matt Korenoski at mkorenoski@utbf.com.
1 The MPC is Pennsylvania’s statutory framework governing most aspects of zoning, land planning, and land use.
2 SB 1126’s progress can be tracked here.
3 HB 1976’s progress can be tracked here.
4 HB 2045’s progress can be tracked here.
