HB 2185 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for special provisions relating to ordinances.

PRINTER'S NO.   2841

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2185
                                               Session of
                                                 2026

     INTRODUCED BY INGLIS, ZIMMERMAN, KHAN, SCOTT, DAVIDSON, SOLOMON,
        POWELL, SMITH-WADE-EL, OTTEN, WAXMAN, D. WILLIAMS, MAYES,
        CEPEDA-FREYTIZ, MADDEN AND K.HARRIS, FEBRUARY 2, 2026

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 2, 2026


                                    AN ACT
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, providing for special provisions
 3      relating to ordinances.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Part I of Title 53 of the Pennsylvania
 7   Consolidated Statutes is amended by adding a chapter to read:
 8                                CHAPTER 6
 9               SPECIAL PROVISIONS RELATING TO ORDINANCES
10   Sec.
11   601.   Definitions.
12   602.   Duplex, triplex and quadplex housing zoning ordinances.
13   603.   Limitations on duplex, triplex and quadplex housing
14               regulation approvals and exactions.
15   § 601.   Definitions.
16      The following words and phrases when used in this chapter
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
 1      "Application."    A proposed subdivision application, zoning
 2   permit application, building permit application or other
 3   application required by a municipality to provide duplex
 4   housing, triplex housing or quadplex housing under this chapter.
 5      "Concurrency."    The capacity of a municipality's
 6   infrastructure to accommodate a proposed development permitted
 7   under section 602(a). The term includes capacity of water and
 8   sewer systems, storm water systems, road safety infrastructure
 9   and emergency services.
10      "Duplex housing."    A residential building with two dwelling
11   units separated by a horizontal or vertical wall.
12      "Dwelling unit."    A single unit providing complete,
13   independent living facilities for one or more individuals,
14   including permanent facilities for cooking, eating, living,
15   sanitation and sleeping.
16      "Municipality."    A city, borough, incorporated town or
17   township.
18      "Quadplex housing."     A residential building with four
19   dwelling units separated by a horizontal or vertical wall.
20      "Single-family residence."     A structure maintained and used
21   as a single dwelling unit. A dwelling unit that shares one or
22   more walls with another dwelling unit is a single-family
23   residence if the dwelling unit has direct access to a street or
24   thoroughfare and does not share heating facilities, hot water
25   equipment or another facility or service with another dwelling
26   unit.
27      "Triplex housing."     A residential building with three
28   dwelling units separated by a horizontal or vertical wall.
29   § 602.   Duplex, triplex and quadplex housing zoning ordinances.
30      (a)   Permitted use by right.--A zoning ordinance of a

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 1   municipality shall allow duplex housing, triplex housing or
 2   quadplex housing as a permitted use by right on any lot on which
 3   a single-family residence is permitted by right in the
 4   municipality. Zoning, subdivision and design regulations of a
 5   municipality that apply to duplex housing, triplex housing or
 6   quadplex housing shall be objective and may not be more
 7   restrictive than zoning, subdivision and design regulations
 8   applicable to single-family residences.
 9      (b)   Planning agency review.--
10            (1)   A municipality may petition the appropriate county
11      or regional planning agency to review a proposed development
12      permitted under subsection (a) and the impact the proposed
13      development will have on existing infrastructure.
14            (2)   If a petition is filed, the agency shall review the
15      petition and determine whether existing infrastructure has
16      the capacity to accommodate the proposed development. The
17      agency may require the developer to make reasonable
18      improvements to existing infrastructure as a condition of
19      allowing the development. Required improvements shall be
20      limited to those necessary to upgrade infrastructure capacity
21      for the proposed development.
22      (c)   Proof of concurrency.--A municipality may require an
23   applicant to demonstrate proof of concurrency before issuing a
24   permit for a proposed duplex housing, triplex housing or
25   quadplex housing development under this chapter.
26      (d)   Applicability.--This section shall apply to all of the
27   following:
28            (1)   Duplex housing in a municipality with a population
29      of at least 5,000 residents as of the most recent Federal
30      decennial census or in a municipality zoning district with a

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 1      density that exceeds 300 residents per square mile calculated
 2      as the total population as of the most recent Federal
 3      decennial census divided by the land area of the municipality
 4      as reported by the United States Census Bureau.
 5            (2)   Duplex housing or triplex housing in a municipality
 6      with a population of at least 10,000 residents as of the most
 7      recent Federal decennial census or in a municipality zoning
 8      district with a density that exceeds 400 residents per square
 9      mile calculated as the total population as of the most recent
10      Federal decennial census divided by the land area of the
11      municipality as reported by the United States Census Bureau.
12            (3)   Duplex housing, triplex housing or quadplex housing
13      in a municipality with a population of at least 20,000
14      residents as of the most recent Federal decennial census or
15      in a municipality zoning district with a density that exceeds
16      500 residents per square mile calculated as the total
17      population as of the most recent Federal decennial census
18      divided by the land area of the municipality as reported by
19      the United States Census Bureau.
20   § 603.   Limitations on duplex, triplex and quadplex housing
21                  regulation approvals and exactions.
22      (a)   Prohibited regulations.--A municipality may not adopt or
23   enforce a zoning, subdivision or design regulation that:
24            (1)   is more restrictive for duplex housing, triplex
25      housing or quadplex housing than for a single-family
26      residence;
27            (2)   is more restrictive for a structure with two to four
28      dwelling units than for a similarly sized structure with one
29      dwelling unit;
30            (3)   has the effect of physically precluding construction

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 1      of duplex housing, triplex housing or quadplex housing;
 2            (4)   has the effect of precluding the use of a new or
 3      existing structure for two to four dwelling units if the
 4      structure could otherwise be used for one dwelling unit;
 5            (5)   has the effect of precluding any individual dwelling
 6      unit from containing not less than 500 square feet of floor
 7      area;
 8            (6)   requires the property owner to reside at the
 9      property; or
10            (7)   requires a minimum number of parking spaces to be
11      provided.
12      (b)   Permitting and licensing.--A municipality may not adopt
13   or enforce permitting or licensing requirements for duplex
14   housing, triplex housing or quadplex housing that are more
15   restrictive than those applicable to a similarly situated
16   single-family residence.
17      (c)   Reasonable accommodations.--A municipality shall make
18   reasonable accommodations in rules, regulations, ordinances,
19   policies and practices when the accommodations are necessary to
20   allow development or use of duplex housing, triplex housing or
21   quadplex housing.
22      (d)   Administrative approval.--If a municipality determines
23   that a proposed subdivision, zoning permit or other development
24   application to construct or use duplex housing, triplex housing
25   or quadplex housing complies with applicable rules, regulations
26   and standards, the municipality shall administratively approve
27   the application. A municipality may not adopt or enforce a
28   regulation that requires a proposed duplex housing, triplex
29   housing or quadplex housing development under this chapter to
30   present or appear at a meeting of the governing body or a board

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 1   or commission of the municipality or to seek an approval from
 2   the governing body or a board or commission in addition to the
 3   approvals otherwise required by this chapter.
 4      (e)   Time for decision.--A municipality shall approve or deny
 5   an application under this chapter within 60 days after receipt
 6   of a completed application. If a municipality denies an
 7   application, the municipality shall provide the applicant with a
 8   written list of defective or deficient items and a description
 9   of how the applicant may remedy the items. If a municipality
10   does not approve or deny a completed application within 60 days,
11   the application shall be deemed approved.
12      (f)   Prohibited exactions and studies.--A municipality may
13   not require an applicant for an application to:
14            (1)    dedicate land or an easement for park or
15      recreational purposes;
16            (2)    pay a fee related to park or recreational purposes;
17            (3)    provide a transportation impact analysis; or
18            (4)    provide another impact analysis or pay an impact fee
19      that:
20                   (i)    is not directly related to mitigation of an
21            impact for which there is a compelling governmental
22            interest;
23                   (ii)    is not roughly proportionate to the impact that
24            requires mitigation; or
25                   (iii)    would not also be required of an applicant for
26            an application to provide a single-family residence or
27            use.
28      (g)   Construction.--Nothing in this section shall be
29   construed to affect a municipality's authority to apply
30   regulations that are generally applicable to other projects in

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1   the municipality related to sewer and water access, building
2   codes, storm water mitigation or historic preservation.
3      Section 2.   This act shall take effect in 180 days.




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