HB 1148 — An Act amending the act of October 17, 2008 (P.L.1645, No.132), known as the Home Improvement Consumer Protection Act, further providing for definitions and for the offense of home improvement fraud.

PRINTER'S NO.   1269

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1148
                                               Session of
                                                 2025

     INTRODUCED BY HOHENSTEIN, ISAACSON, GALLAGHER, PIELLI, SANCHEZ,
        GIRAL, McNEILL, KENYATTA, HILL-EVANS, GUENST, PROKOPIAK,
        CERRATO, PARKER, NEILSON, DONAHUE, BRENNAN, D. WILLIAMS,
        MADDEN, MALAGARI, MAYES, CEPEDA-FREYTIZ AND WEBSTER,
        APRIL 4, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2025


                                    AN ACT
 1   Amending the act of October 17, 2008 (P.L.1645, No.132),
 2      entitled "An act providing for the regulation of home
 3      improvement contracts and for the registration of certain
 4      contractors; prohibiting certain acts; and providing for
 5      penalties," further providing for definitions and for the
 6      offense of home improvement fraud.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The definition of "owner" in section 2 of the act
10   of October 17, 2008 (P.L.1645, No.132), known as the Home
11   Improvement Consumer Protection Act, is amended to read:
12   Section 2.    Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      * * *
17      "Owner."
18          (1)    The term includes any of the following:
 1                  (i)    An owner of a private residence, including any
 2            person authorized by an owner to act on the owner's
 3            behalf to order, contract for or purchase a home
 4            improvement.
 5                  (ii)    A person entitled to the performance of the
 6            work of a contractor pursuant to a home improvement
 7            contract.
 8            (2)   An owner of a private residence shall not be
 9      required to reside in the residence to be deemed an owner
10      under this act. To meet this definition for the purposes of
11      exemption to register as a contractor for home improvements,
12      the owner of a private residence shall be required to
13      maintain ownership and possession of the residence for one
14      year following the completion of construction.
15            (3)   A person who owns three or more private residences
16      in this Commonwealth shall not be deemed an owner except with
17      respect to the person's primary residence or the part of the
18      building which houses the primary residence of the owner and
19      those private residences the person uses for personal
20      recreational purposes.
21      * * *
22      Section 2.        Section 8(a)(7) and (8) of the act are amended
23   and the subsection is amended by adding a paragraph to read:
24   Section 8.     Home improvement fraud.
25      (a)   Offense defined.--A person commits the offense of home
26   improvement fraud if, with intent to defraud or injure anyone or
27   with knowledge that he is facilitating a fraud or injury to be
28   perpetrated by anyone, the actor:
29            * * *
30            (7)   alters a home improvement agreement, mortgage,

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 1      promissory note or other document incident to performing or
 2      selling a home improvement without the consent of the
 3      consumer; [or]
 4          (8)   directly or indirectly publishes a false or
 5      deceptive advertisement in violation of State law governing
 6      advertising about home improvement[.]; or
 7          (9)   fails to register as a contractor and instead makes
 8      improvements as an owner with the intent to sell the property
 9      to a new owner without ever residing in the home.
10      * * *
11      Section 3.   This act shall apply to contracts entered into on
12   or after the effective date of this section.
13      Section 4.   This act shall take effect in 60 days.




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