Bill Text: PA HB1239 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the definition of "homestead."

Spectrum: Slight Partisan Bill (Republican 8-4)

Status: (Introduced - Dead) 2009-04-08 - Referred to LOCAL GOVERNMENT [HB1239 Detail]

Download: Pennsylvania-2009-HB1239-Introduced.html

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PRINTER'S NO. 1472
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1239 Session of2009
INTRODUCED BY O'NEILL, CREIGHTON, EVERETT, FABRIZIO, GEIST, HARKINS, HENNESSEY, MURT, READSHAW, REICHLEY, ROHRER AND K. SMITH, APRIL 8, 2009
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 8, 2009
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, further providing for the definition
of "homestead."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "homestead" in section 8401 of
Title 53 of the Pennsylvania Consolidated Statutes is amended to
read:
§ 8401. Definitions.
The following words and phrases when used in this subpart
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Homestead." A dwelling, including the parcel of land on
which the dwelling is located and the other improvements located
on the parcel for which any of the following apply:
(1) The dwelling is primarily used as the domicile of an
owner who is a natural person. The homestead for real
property qualifying under this paragraph shall not include
the land on which the dwelling is located if the land is not
owned by a person who owns the dwelling. A dwelling that is
not primarily used as the domicile of an owner who is a
natural person may be considered a homestead property if it
is not used for income generating purposes while not being
used as the domicile of an owner who is a natural person.
(2) The dwelling is a unit in a condominium as the term
is defined in 68 Pa.C.S. § 3103 (relating to definitions) and
the unit is primarily used as the domicile of a natural
person who is an owner of the unit; or the dwelling is a unit
in a cooperative as the term is defined in 68 Pa.C.S. § 4103
(relating to definitions) and the unit is primarily used as
the domicile of a natural person who is an owner of the unit.
The homestead for a unit in a condominium or a cooperative
shall be limited to the assessed value of the unit, which
shall be determined in a manner consistent with the
assessment of real property taxes on those units under 68
Pa.C.S. (relating to real and personal property) or as
otherwise provided by law. If the unit is not separately
assessed for real property taxes, the homestead shall be a
pro rata share of the real property.
(3) The dwelling does not qualify under paragraphs (1)
and (2) and a portion of the dwelling is used as the domicile
of an owner who is a natural person. The homestead for real
property qualifying under this paragraph shall be the portion
of the real property that is equal to the portion of the
dwelling that is used as the domicile of an owner.
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Section 2. This act shall take effect in 60 days.
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