PRINTER'S NO. 638
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
693
Session of
2023
INTRODUCED BY HOHENSTEIN, ISAACSON, GALLAGHER, PIELLI, FIEDLER,
GUENST, PROBST, SANCHEZ, HILL-EVANS, PARKER, NEILSON, KINSEY,
N. NELSON, WEBSTER, BRENNAN AND McNEILL, MARCH 24, 2023
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
MARCH 24, 2023
AN ACT
Providing for the Adjacent Neighbors' Bill of Rights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Adjacent
Neighbors' Bill of Rights Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Developer." An entity undertaking the creation of real
property in this Commonwealth.
Section 3. Powers and duties of department.
(a) Compilation and notice.--The department shall compile a
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list of the rights and available resources and do all of the
following:
(1) Develop a pamphlet to be known as the "Adjacent
Neighbors' Bill of Rights" advising homeowners who are
adjacent to a property under development or construction of
their rights and available resources in plain language and
post the pamphlet on the department's publicly accessible
Internet website.
(2) Ensure that developers mail a copy of the pamphlet
to all homeowners who are adjacent to any property being
developed. The pamphlet must be mailed when the developer
applies for a permit for the development or construction.
(3) Ensure that copies of the pamphlet are provided to
all State and local elected officials, community boards and
any other organizations deemed necessary by the department.
(b) Contents of notice.--The pamphlet developed under this
section shall include the following, written in plain language,
and any other information added at the discretion of the
department, not inconsistent with the following:
(1) The rights and remedies provided to homeowners in
this Commonwealth.
(2) Guidelines for identifying and contacting competent
attorneys or structural engineers to represent an adjacent
homeowner before developers and the developer's
representatives and the services the attorneys or engineers
should provide to the homeowner.
(3) An advisory on the availability of homeowners'
rights at the department to review plans submitted by
developers and further advise homeowners of their rights.
(4) An advisory of a homeowner's right to an engineering
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survey, at the developer's expense, when a developer plans to
perform underpinning or excavation or encroachments on a
homeowner's property.
(5) An advisory stating the following:
(i) A developer is required to gain a homeowner's
permission to access the homeowner's property.
(ii) A negotiated access license agreement or other
agreement is required to specify the developer's
responsibilities, duration and scope of activities on the
homeowner's property.
(6) An advisory on when a developer is required to
negotiate a license or party wall agreement with the
homeowner and that a homeowner should seek representation
from a construction attorney.
(7) An advisory of a homeowner's right to compel a
developer through a party wall or license agreement,
including excavation or underpinning, to take protective
measures involving the party wall, including the installation
of crack gauges and vibration monitors.
(8) An advisory that a homeowner may contact the
municipality to inquire about municipal noise ordinances or
appropriate development or construction hours. The advisory
shall include a list of municipality-approved development or
construction hours.
(9) An advisory of a developer's obligations under State
law, rules or regulations to a homeowner for any damages to a
homeowner's property due to a developer's excavation or
underpinning.
(10) Contact information and other resources within the
department related to excavation and underpinning and
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development plans and permits available to homeowners.
Section 4. Effective date.
This act shall take effect in 60 days.
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