PRINTER'S NO. 3362
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2443
Session of
2024
INTRODUCED BY KRAJEWSKI, SMITH-WADE-EL, FIEDLER, WAXMAN, RABB,
KINSEY, SANCHEZ, POWELL, ABNEY, DALEY, SCOTT, BELLMON,
KAZEEM, GREEN, BOYD, CEPHAS, HILL-EVANS AND ROZZI,
JUNE 24, 2024
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
JUNE 24, 2024
AN ACT
Establishing the Right to Counsel Program and the Tenant Right
to Counsel Task Force; and imposing duties on the Department
of Human Services.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Right to Counsel Program
Section 301. Establishment and purpose of program.
Section 302. Implementation and administration.
Section 303. Legal services by designated organizations.
Section 304. Permissible uses of money.
Section 305. Award of grants.
Chapter 5. Tenant Right to Counsel Task Force
Section 501. Establishment and purpose of task force.
Section 502. Composition.
Section 503. Officers.
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Section 504. Terms.
Section 505. Vacancy.
Section 506. Actions.
Section 507. Initial meeting.
Section 508. Compensation and expenses.
Section 509. Staff and resources.
Section 510. Duties and responsibilities.
Section 511. Reports.
Chapter 7. Miscellaneous Provisions
Section 701. Funding.
Section 702. Administrative costs.
Section 703. Audits.
Section 704. Rules and regulations.
Section 705. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Right to
Counsel Program Act.
Section 102. 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:
"Applicant." A Statewide nonprofit association or network
that applies for a grant under the program.
"Covered proceeding." Any of the following:
(1) A judicial or administrative proceeding to evict,
eject or terminate the tenancy or housing subsidy of an
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eligible individual, or the functional equivalent, including
affirmative litigation to improve housing stability.
(2) A first appeal of a proceeding under paragraph (1).
(3) A judicial or administrative proceeding to remedy a
violation of the act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951.
(4) A discrimination proceeding under the act of June
13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Department." The Department of Human Services of the
Commonwealth.
"Designated organization." A Statewide nonprofit association
or network designated by the department to receive a grant under
the program to provide direct representation to eligible
individuals facing eviction.
"Direct representation." As follows:
(1) Ongoing legal representation, including legal
advice, advocacy and assistance, which is provided by a
designated organization in partnership with the department to
an eligible individual.
(2) The term includes the filing of a notice of
appearance on behalf of the eligible individual in a covered
proceeding.
"Eligible individual." As follows:
(1) An individual who:
(i) occupies a rental dwelling in this Commonwealth
under a claim of legal right, other than the owner, whose
annual gross income is not in excess of 200% of the
Federal poverty guidelines as established by the United
States Office of Management and Budget;
(ii) is a recipient of a qualifying form of medical
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assistance, as determined by the department; or
(iii) occupies a public housing dwelling.
(2) (Reserved).
"Program." The Right to Counsel Program established under
section 301.
"Secretary." The Secretary of Human Services of the
Commonwealth.
"Task force." The Tenant Right to Counsel Task Force
established in section 501.
CHAPTER 3
RIGHT TO COUNSEL PROGRAM
Section 301. Establishment and purpose of program.
The Right to Counsel Program is established within the
department to provide grants to designated organizations for the
Statewide direct representation for eligible individuals.
Section 302. Implementation and administration.
The department shall implement and administer the program.
Section 303. Legal services by designated organizations.
(a) Partnership.--Under the program, the department shall
work in partnership with designated organizations.
(b) Effect of legal service.--A legal service performed by a
designated organization in accordance with this chapter shall
not supplant, replace or satisfy any obligation or
responsibility of the designated organization under another
program, agreement or contract.
Section 304. Permissible uses of money.
A designated organization may use money under the program for
the following purposes:
(1) Direct representation in a covered proceeding,
including the direct placement of an attorney in court.
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(2) Legal advice, or brief legal services, including
through eviction helplines and community clinics on legal
issues impacting evictions and eviction helplines.
(3) Tenant education through the creation of community
education materials or programs on issues impacting eviction
and housing stability.
Section 305. Award of grants.
(a) Application form.--The department shall develop an
application form for applicants to use to apply for grants under
the program. The application form shall be posted on the
publicly accessible Internet website of the department.
(b) Application submittal.--The department shall prescribe
the process to submit completed application forms, including
deadlines for submittal.
(c) Review and determination.--
(1) The department shall review each completed
application for a grant under the program and shall determine
whether to award the grant.
(2) The department shall provide notice of the
determination under paragraph (1). The following apply:
(i) If the department awards the grant, the
department shall include the amount of the grant and any
conditions on the use of the grant.
(ii) If the department does not award the grant in
whole or in part, the department shall include the
reasons for the full or partial denial.
(d) Diversity.--The department shall ensure that grants
under the program are awarded to geographically diverse
designated organizations throughout this Commonwealth.
CHAPTER 5
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TENANT RIGHT TO COUNSEL TASK FORCE
Section 501. Establishment and purpose of task force.
The Tenant Right to Counsel Task Force is established within
the department to advise the department on the program, analyze
trends and plan for the expansion of legal services to all
eligible tenants.
Section 502. Composition.
The task force shall consist of the following members:
(1) The following individuals appointed by the Governor:
(i) The executive director of a municipal housing
authority in this Commonwealth.
(ii) The executive director of a nonprofit
organization that represents landlords in this
Commonwealth.
(iii) The executive director of a nonprofit
organization that advocates on behalf of tenants in this
Commonwealth.
(iv) The executive director of a designated
organization.
(v) A representative from a city of the first class
appointed from a list of three qualified individuals
recommended by a mayor of a city of the first class.
(vi) A representative from a county of the second
class appointed from a list of three qualified
individuals recommended by a county executive of a county
of the second class.
(vii) An elected representative from a city of the
third class appointed from a list of three qualified
individuals recommended by the Pennsylvania Municipal
League.
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(viii) An elected representative from a township
appointed from a list of three qualified individuals
recommended by the Pennsylvania State Association of
Township Supervisors.
(ix) An elected representative from a borough
appointed from a list of three qualified individuals
recommended by the Pennsylvania State Association of
Boroughs.
(x) Two individuals who, at the time of appointment,
are eligible to receive services under the program.
(2) The Attorney General or a designee of the Attorney
General.
(3) The executive director of the Pennsylvania Human
Relations Commission or a designee of the executive director.
(4) The executive director of the Children's Advocacy
Centers of Pennsylvania or a designee of the executive
director.
(5) An individual appointed by the President pro tempore
of the Senate.
(6) An individual appointed by the Speaker of the House
of Representatives.
(7) An individual appointed by the Minority Leader of
the Senate.
(8) An individual appointed by the Minority Leader of
the House of Representatives.
(9) The following individuals appointed by the Chief
Justice of the Pennsylvania Supreme Court:
(i) Two judges of the courts of common pleas who
have experience in tenant issues and who are
representative of the geographic and demographic
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diversity of this Commonwealth.
(ii) Three magisterial district judges who routinely
preside over eviction cases and who are representative of
the geographic and demographic diversity of this
Commonwealth.
Section 503. Officers.
(a) Chairperson.--The Governor shall select the chairperson
of the task force from among the members of the task force.
(b) Vice chairperson.--The chairperson of the task force
shall designate the vice chairperson of the task force from
among the members of the task force to preside at meetings in
the absence of the chairperson.
Section 504. Terms.
(a) Duration.--Each member of the task force shall serve a
four-year term.
(b) Reappointment.--A members shall be eligible for
reappointment to the task force for no more than two consecutive
terms.
(c) Office.--A member appointed to the task force shall
serve by virtue of the member's office, and the term shall be
concurrent with the member's service in the office.
Section 505. Vacancy.
(a) Filling vacancy.--A vacancy on the task force shall be
filled by the appointing authority within 60 days of the
vacancy.
(b) Occurrence.--For the purposes of this section, a vacancy
on the task force occurs when a member resigns from the task
force or no longer holds the employment that originally
qualified the member for the appointment.
Section 506. Actions.
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(a) Quorum.--
(1) A majority of the sitting members of the task force
shall constitute a quorum.
(2) A quorum shall be required for the task force to
take official actions.
(b) Majority vote.--A vote of the majority of the members of
the task force present shall be sufficient for all official
actions taken by the task force.
Section 507. Initial meeting.
The task force shall hold its initial meeting no later than
60 days from the effective date of this section.
Section 508. Compensation and expenses.
The members of the task force shall not receive a salary or
per diem allowance for serving as members of the task force but
shall be reimbursed for actual and necessary expenses incurred
in the performance of duties as members of the task force.
Expenses may include reimbursement of travel and living expenses
while engaged in the business of the task force.
Section 509. Staff and resources.
To adequately assist the task force in carrying out its
duties and responsibilities under this act, the department shall
provide the necessary staff and resources to the task force.
Section 510. Duties and responsibilities.
Subject to the review and approval of the department, the
task force shall:
(1) Advise on matters and policies affecting the
program, to effectuate the right to counsel and provide
tenants access to counsel.
(2) Analyze data to identify trends and overall
effectiveness of the program.
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(3) Propose plans for expanding services to cover all
eligible tenants.
(4) Prepare reports in accordance with section 511.
Section 511. Reports.
(a) Requirement.--Within two years of the effective date of
this subsection, and biennially thereafter, the task force shall
issue a report that includes, at a minimum:
(1) The actions of the task force.
(2) Details of grants awarded under the program.
(3) A summary of data collected, with statistics
regarding the delivery of legal representation services. The
data and any other information collected to compile the
summary shall be made available on the publicly accessible
Internet website of the department.
(4) Recommendations for improvement and expansion of
program services to cover all eligible tenants.
(b) Submittal.--Each report under this section shall be
submitted to:
(1) The Governor.
(2) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(3) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(4) The chairperson and minority chairperson of the
Judiciary Committee of the Senate.
(5) The chairperson and minority chairperson of the
Judiciary Committee of the House of Representatives.
(6) The Pennsylvania Supreme Court.
(c) Posting.--Each report under this section shall be posted
on the publicly accessible Internet website of the department.
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CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. Funding.
(a) Available resources.--Money available to the program
shall include appropriations and transfers from the General
Assembly, special funds, Federal funds and other sources of
revenue made available to the program and the department.
(b) Limitations.--
(1) Funding for the program may only be used for the
purposes specified under this act.
(2) Money designated for the program may not be
transferred or diverted to any other purpose by
administrative action.
(3) The program shall be phased in according to a
multiyear timeline as determined by the department and shall
only be effective if the secretary certifies that the
department has sufficient money to fund the program. The
following apply:
(i) The certification shall be transmitted to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin.
(ii) If the projected need for legal representation
to eligible individuals under the program exceeds the
money available for the program, the department may
prioritize the provision of direct representation by
reasonable standards as provided by regulation.
Section 702. Administration costs.
(a) Limitation.--The department may use up to 10% of the
money available for grants under the program for the
administrative costs of implementing and administering the
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program and supporting the task force.
(b) Nature of administrative costs.--For purposes of this
section, administrative costs include the costs relating to the
employment of personnel, providing technical assistance to
grantees and evaluating the impact of initiatives supported by
the grants.
Section 703. Audits.
(a) Authorization.--The department may randomly audit grant
recipients to ensure the appropriate use of grants and
compliance with the provisions of this act.
(b) Monitoring.--Each designated organization shall
establish a system of monitoring compliance with grant
requirements.
Section 704. Rules and regulations.
(a) Authorization.--The department shall adopt or promulgate
rules or regulations necessary to carry out the provisions of
this act, including regulations regarding:
(1) Designated organizations and the representation of
eligible individuals.
(2) The education of eligible individuals on their
rights and available resources.
(b) Temporary regulations.--Notwithstanding any other
provision of law, to facilitate the prompt implementation of
this act, the department may issue temporary regulations. The
following apply:
(1) Within 180 days of the effective date of this
paragraph, the department shall issue the temporary
regulations. Regulations adopted after this 180-day period
shall be promulgated as provided by statute.
(2) Notice of the temporary regulations shall be
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transmitted to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin.
(3) The department shall post the temporary regulations
on its publicly accessible Internet website.
(4) The temporary regulations shall expire no later than
two years following publication of the temporary regulations
in the Pennsylvania Bulletin.
(5) The temporary regulations shall be exempt from the
following:
(i) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(c) Permanent regulations.--Prior to the expiration of the
temporary regulations, the department shall propose for approval
permanent regulations as provided by statute. The proposed
permanent regulations may be the same as the temporary
regulations.
Section 705. Effective date.
This act shall take effect in 60 days.
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