Does A Missing Outlet Cover Make A Home Unfit For Habitation – HB 1437 Defines The Term
Unchecked authority by many local code enforcement officials has often led to municipalities labeling houses “unfit for habitation”. Their refusal to issue temporary use and occupancy certificates to homebuyers over issues such cracked sidewalks, missing outlet covers, or missing house numbers has now been restrained. Minor issues exist elsewhere in the neighborhoods, but some municipalities have claimed they make the home “unfit for human habitation.”
Pennsylvania House Bill 1437 which was signed into law last week by Governor Wolf closes several significant loopholes in the PA Municipal Code and Ordinance Compliance Act that have allowed some municipal code inspectors to stifle home sales.
Following are major highlights of the legislation:
– Mandates that municipalities that require inspections issue a resale certificate regardless of code violations found. Home sales will no longer be “held hostage” because municipalities refuse to issue a U & O certificate over minor maintenance issues
– Defines “unfit for habitation” to provide clearer guidance to local code enforcement officials. The current law contains no definition of “unfit for habitation,” allowing local officials to make up their own definition
– Creates a new category of certificate (Temporary Access) which allows buyers of homes that are truly “unfit for habitation” to make repairs within 12 months of purchase. Currently, municipalities can refuse to issue a certificate if they claim a home is “unfit for habitation” due to even minor code violations such as cracked sidewalks.
– Prohibits escrow requirements by municipalities as a condition of issuing a resale permit. Large escrow requirements in some municipalities have made selling homes very difficult
Wallingford PA Real Estate – Wallingford, PA 19086
