PRINTER'S NO. 2872
No. 2168 Session of 1989
INTRODUCED BY LASHINGER, ANGSTADT, BUSH, FARMER, J. TAYLOR,
GODSHALL, NAHILL, DEMPSEY, ARGALL, HERSHEY, REBER, GRUPPO,
CESSAR, BUNT, WESTON, RAYMOND, GLADECK, MERRY, CLYMER,
DIETTERICK, SERAFINI, JADLOWIEC, MARSICO, FAIRCHILD, BLACK,
GEIST, NAILOR, JOHNSON, SCHULER, FOX, E. Z. TAYLOR, HESS,
WASS, HERMAN, J. L. WRIGHT, D. W. SNYDER, J. H. CLARK,
DISTLER, GANNON, PHILLIPS, NOYE, McVERRY, PERZEL, CORNELL,
FOSTER, TRELLO, TELEK, CIVERA, ALLEN, ROBBINS, DAVIES,
WILSON, ADOLPH AND KONDRICH, DECEMBER 6, 1989
REFERRED TO COMMITTEE ON URBAN AFFAIRS, DECEMBER 6, 1989
AN ACT
1 Amending the act of December 3, 1959 (P.L.1688, No.621),
2 entitled, as amended, "An act to promote the health, safety
3 and welfare of the people of the Commonwealth by broadening
4 the market for housing for persons and families of low and
5 moderate income and alleviating shortages thereof, and by
6 assisting in the provision of housing for elderly persons
7 through the creation of the Pennsylvania Housing Finance
8 Agency as a public corporation and government
9 instrumentality; providing for the organization, membership
10 and administration of the agency, prescribing its general
11 powers and duties and the manner in which its funds are kept
12 and audited, empowering the agency to make housing loans to
13 qualified mortgagors upon the security of insured and
14 uninsured mortgages, defining qualified mortgagors and
15 providing for priorities among tenants in certain instances,
16 prescribing interest rates and other terms of housing loans,
17 permitting the agency to acquire real or personal property,
18 permitting the agency to make agreements with financial
19 institutions and Federal agencies, providing for the purchase
20 by persons of low and moderate income of housing units, and
21 approving the sale of housing units, permitting the agency to
22 sell housing loans, providing for the promulgation of
23 regulations and forms by the agency, prescribing penalties
24 for furnishing false information, empowering the agency to
25 borrow money upon its own credit by the issuance and sale of
26 bonds and notes and by giving security therefor, permitting
27 the refunding, redemption and purchase of such obligations by
1 the agency, prescribing remedies of holders of such bonds and
2 notes, exempting bonds and notes of the agency, the income
3 therefrom, and the income and revenues of the agency from
4 taxation, except transfer, death and gift taxes; making such
5 bonds and notes legal investments for certain purposes; and
6 indicating how the act shall become effective," providing for
7 loans for mobile homes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 103 of the act of December 3, 1959
11 (P.L.1688, No.621), known as the Housing Finance Agency Law, is
12 amended by adding a clause to read:
13 Section 103. Definitions.--As used in this act unless
14 otherwise indicated--
15 * * *
16 (21) "Mobile home" means a transportable, single-family
17 dwelling unit intended for permanent occupancy and constructed
18 as a single unit, or as two or more units designed to be joined
19 into one integral unit capable of again being separated for
20 repeated towing, which arrives at a site complete and ready for
21 occupancy except for minor and incidental unpacking and assembly
22 operations, and constructed so that it may be used without a
23 permanent foundation.
24 Section 2. Section 401-C(a) of the act, amended May 31, 1984
25 (P.L.364, No.73), is amended to read:
26 Section 401-C. General Authority.--(a) The Pennsylvania
27 Housing Finance Agency, hereinafter referred to as the "agency,"
28 may make loans secured by liens on residential real property
29 located in Pennsylvania to residents of Pennsylvania eligible
30 for such loans as described in this article. For the purpose of
31 this article, the term "mortgage" shall include any obligation
32 evidenced by a security document and secured by a lien upon real
33 property located within this Commonwealth including, but not
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1 limited to, a deed of trust and land sale agreement. The term
2 shall also include an obligation evidenced by a security lien on
3 real property upon which an owner-occupied mobile home is
4 located[.] and any obligation evidenced by a security document
5 and secured by a lien upon any type of mobile home. The
6 provisions of this article shall not be applicable if:
7 (1) The property securing the mortgage is not the principal
8 residence of the mortgagor.
9 (2) The property securing the mortgage is not a one or two-
10 family owner-occupied residence.
11 (3) The mortgage is insured by the Federal Housing
12 Administration under Title II of the National Housing Act (12
13 U.S.C. §§ 1707-1715z-18).
14 (4) The mortgage on the property was given by a noncorporate
15 seller, unless the noncorporate seller elects, in writing, in
16 the mortgage or elsewhere to be covered by this article. For
17 purposes of this article "noncorporate seller" means any person
18 giving a mortgage who is not a bank, a savings and loan
19 association, a mortgage bank, a consumer discount company or
20 other entity in the mortgage lending business.
21 * * *
22 Section 3. This act shall take effect in 60 days.
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