HB 2186 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for accessory dwelling units.

PRINTER'S NO.   2842

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2186
                                                Session of
                                                  2026

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

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        FEBRUARY 2, 2026


                                      AN ACT
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, providing for accessory dwelling
 3      units.
 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 chapter to read:
 8                                 CHAPTER 63
 9                          ACCESSORY DWELLING UNITS
10   Sec.
11   6301.   Definitions.
12   6302.   Permitted use by right.
13   6303.   Adoption of ordinance.
14   6304.   Application.
15   6305.   Attached or detached unit.
16   6306.   Restrictions on accessory dwelling units.
17   6307.   Conformity.
 1   § 6301.    Definitions.
 2      The following words and phrases when used in this chapter
 3   shall have the meanings given to them in this section unless the
 4   context clearly indicates otherwise:
 5      "Accessory dwelling unit."
 6             (1)   A residential living unit:
 7                   (i)    on a parcel or lot on which a single-family
 8             dwelling is present or may be constructed;
 9                   (ii)    that provides complete independent living
10             facilities for one or more individuals; and
11                   (iii)    that includes, but is not limited to:
12                          (A)   an attached or detached unit;
13                          (B)   a unit that is part of an accessory
14                   structure, including a detached garage; or
15                          (C)   a unit that is not part of an expanded or
16                   remodeled dwelling.
17             (2)   The term does not include a recreational vehicle.
18      "Dwelling unit."          A residential living unit that provides
19   complete independent living facilities for one or more
20   individuals and includes permanent provisions for living,
21   sleeping, eating, cooking and sanitation.
22      "Municipality."           A city, borough, incorporated town,
23   township, home rule municipality, optional plan municipality or
24   optional charter municipality, located in this Commonwealth.
25      "Planned community."           As defined under 68 Pa.C.S. § 5103
26   (relating to definitions).
27      "Recreational vehicle."           As defined under 75 Pa.C.S. § 9602
28   (relating to definitions).
29      "Single-family detached dwelling unit."           A freestanding
30   building containing one dwelling unit for one family.

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 1   § 6302.    Permitted use by right.
 2      An accessory dwelling unit shall be a permitted use by right
 3   in every municipality in which a single-family detached dwelling
 4   unit is a permitted use, except that the permission may not
 5   supersede any deed restriction, covenant or agreement
 6   restricting the use of land or any master deed, bylaw or other
 7   document applicable to a planned community.
 8   § 6303.    Adoption of ordinance.
 9      A municipality shall adopt an ordinance to permit the
10   development of at least one accessory dwelling unit for each
11   single-family detached dwelling unit, subject to reasonable
12   regulation that is the least restrictive means of accomplishing
13   the goal of the regulation.
14   § 6304.    Application.
15      (a)    Process.--The following application process shall apply
16   for an accessory dwelling unit:
17             (1)   A permit application for an accessory dwelling unit
18      shall be considered and approved without discretionary review
19      or a hearing.
20             (2)   The municipality shall approve or deny an
21      application to create or serve an accessory dwelling unit
22      within:
23                   (i)    30 days from the date the municipality receives
24             the completed application; or
25                   (ii)   60 days if additional review is required.
26             (3)   If the permit application to create or serve an
27      accessory dwelling unit is submitted with a permit
28      application to create or serve a new single-family dwelling
29      unit on the lot, the municipality may delay approving or
30      denying the permit application for the accessory dwelling

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 1      unit until the municipality approves or denies the permit
 2      application to create or serve the new single-family dwelling
 3      unit.
 4             (4)   If the applicant requests a delay, the time period
 5      provided under paragraph (2) shall be tolled for the period
 6      of the delay.
 7             (5)   If the municipality has not approved or denied the
 8      completed application within the time period provided under
 9      paragraph (2), the application shall be deemed approved.
10             (6)   A municipality may charge a fee, which shall not
11      exceed $250 in the aggregate, for costs incurred to review
12      the permit application for the creation or service of an
13      accessory dwelling unit.
14             (7)   A municipality may not require a renewal for a
15      permit for an accessory dwelling unit.
16      (b)    Denial of application.--If a municipality denies an
17   application for an accessory dwelling unit, the municipality
18   shall return in writing a full set of comments to the applicant
19   with a list of items that are defective or deficient and a
20   description of how the applicant may remedy the application.
21   § 6305.    Attached or detached unit.
22      Accessory dwelling units may be:
23             (1)   attached to, or located within, a proposed or
24      existing single-family detached dwelling unit; or
25             (2)   detached from a proposed or existing single-family
26      detached dwelling unit if located on the same lot as the
27      dwelling.
28   § 6306.    Restrictions on accessory dwelling units.
29      The following restrictions shall apply to an accessory
30   dwelling unit:

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 1        (1)    A municipality may not establish a minimum net floor
 2    area for an accessory dwelling unit of more than 150 square
 3    feet.
 4        (2)    A municipality may establish a maximum net floor
 5    area for an accessory dwelling unit of not less than 50% of
 6    the net floor area of the single-family detached dwelling
 7    unit or 1,250 square feet, whichever is less, or the entire
 8    floor plate of a basement or attic.
 9        (3)    A municipality may establish a height limitation for
10    an accessory dwelling unit of no less than 25 feet or the
11    height of the single-family detached dwelling unit, whichever
12    is less.
13        (4)    A municipality may not establish a minimum allowance
14    for building cover or impervious cover for an accessory
15    dwelling unit of less than 600 square feet.
16        (5)    A municipality may not require an accessory dwelling
17    unit to meet storm water or water quality standards that a
18    single-family detached dwelling unit on the same lot is not
19    required to meet.
20        (6)    A setback shall not be required for an existing
21    living area or accessory structure or for a structure
22    constructed in the same location and to the same dimensions
23    as an existing structure that is converted to an accessory
24    dwelling unit or for a portion of an accessory dwelling unit.
25    A setback of no more than four feet from the side and rear
26    lot lines may be required for an accessory dwelling unit that
27    is not converted from an existing structure or a new
28    structure constructed in the same location and to the same
29    dimensions as an existing structure.
30        (7)    A zoning ordinance may not impose building material,

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 1    architectural design, color or similar requirements on an
 2    accessory dwelling unit that are more restrictive than the
 3    requirements applicable to the single-family detached
 4    dwelling on the same lot.
 5        (8)    A municipality may not require a passageway between
 6    an accessory dwelling unit and a single-family detached
 7    dwelling unit, except as required by the applicable building
 8    or fire code.
 9        (9)    A municipality shall not condition the approval of
10    an accessory dwelling unit on the correction of a
11    nonconforming use, structure or lot or require the
12    installation of fire sprinklers in an accessory dwelling unit
13    if the sprinklers are not required for the single-family
14    detached dwelling unit located on the same lot.
15        (10)    A municipality, municipal authority or public
16    utility:
17               (i)    may not consider an accessory dwelling unit to
18        be a new residential use for the purposes of calculating
19        connection fees or capacity charges for utilities,
20        including water and sewer service, unless the accessory
21        dwelling unit was constructed with a new single-family
22        dwelling unit on the same lot; and
23               (ii)   shall not be required to install a new or
24        separate utility connection directly to an accessory
25        dwelling unit or impose a related connection fee or
26        capacity charge.
27        (11)    A municipality may not require owner-occupancy
28    requirements of either the single-family detached dwelling
29    unit or the accessory dwelling unit.
30        (12)    A municipality may not require a familial

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 1      relationship between the occupant of an accessory dwelling
 2      unit and the occupant of the single-family detached dwelling
 3      unit.
 4             (13)   A municipality shall allow an accessory dwelling
 5      unit to be rented separate from the single-family detached
 6      dwelling unit, but may prohibit the sale or other conveyance
 7      of an accessory dwelling separate from the single-family
 8      dwelling unit.
 9             (14)   Additional off-street parking shall not be required
10      for the construction of an accessory dwelling unit. If a
11      garage, carport or covered parking structure is demolished in
12      conjunction with the construction of an accessory dwelling
13      unit or converted to an accessory dwelling unit, a
14      municipality may not require those off-street parking spaces
15      to be replaced.
16   § 6307.    Conformity.
17      An accessory dwelling unit that conforms to the requirements
18   and limitations of this chapter shall be deemed to be:
19             (1)    an accessory use or an accessory building and shall
20      not be considered to exceed the allowable density for the lot
21      upon which it is located; and
22             (2)    a residential use that is consistent with the
23      existing general plan and zoning designations for the lot.
24      Section 2.      This act shall take effect in 60 days.




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