HB 2109 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for prohibiting occupancy limits.

PRINTER'S NO.   2728

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2109
                                                Session of
                                                  2025

     INTRODUCED BY KHAN, MAJOR, INGLIS, GREEN, SCOTT, DAVIDSON,
        SOLOMON, POWELL, SMITH-WADE-EL, RIVERA, OTTEN, KENYATTA,
        GUENST, WAXMAN, D. WILLIAMS, HILL-EVANS, CIRESI, MAYES AND
        SANCHEZ, DECEMBER 22, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        JANUARY 5, 2026


                                     AN ACT
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, in preemptions, providing for
 3      prohibiting occupancy limits.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 53 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 307.   Prohibiting occupancy limits.
 9      (a)   Prohibition.--A local government unit may not limit the
10   number of individuals who may live together in a single dwelling
11   based on familial relationship and may limit the number of
12   individuals who may live together in a single dwelling based
13   only on one of the following:
14            (1)   Demonstrated health and safety standards, including
15      the International Building Code standards, fire code
16      regulations or Department of Environmental Protection
17      wastewater and water quality standards.
 1            (2)   Federal, State, local or municipal affordable
 2      housing program guidelines.
 3      (b)   Definitions.--As used in this section, the following
 4   words and phrases shall have the meanings given to them in this
 5   subsection unless the context clearly indicates otherwise:
 6      "Familial relationship."    An individual's connection to one
 7   or more other individuals through blood, marriage, adoption or
 8   foster care.
 9      "Local government unit."    A county, city, borough,
10   incorporated town, township, home rule municipality, optional
11   plan municipality or optional charter municipality in this
12   Commonwealth.
13      Section 2.    This act shall take effect in 60 days.




20250HB2109PN2728                    - 2 -