In 2016, Act 133 strengthened MCOCA.
Act 133 amended MCOCA to require the following:
- Once a municipality has conducted a resale code inspection, it must issue a resale certificate (U&O) to allow real estate settlements to move forward. (One exception: if the property has outstanding code citations from prior to the U&O inspection.) There are three types of resale certificates:
- a clear U&O permit, which is issued if no code violations are found.
- a temporary U&O permit, which is issued if minor code violations are found. A temporary U&O allows new owners to move in immediately and make minor code repairs within 12 months.
- a temporary access permit, which is issued if substantial code violations are found that make the property “unfit for habitation.” A temporary access permit allows new owners to access the building to correct the substantial code violations, but does not allow anyone to reside in the property. Once the substantial violations have been corrected within 12 months, the property can be inhabited.
- Municipalities can no longer demand escrow money as a condition of issuing use and occupancy permits.
- The term “unfit for habitation” is more clearly defined to describe homes that are “dangerous or injurious to the health, safety or physical welfare of an occupant or the occupants of neighboring dwelling.” As a result, code inspectors can no longer deny a U&O permit due to minor issues such as missing house numbers.
In 2024, Act 93 clarified and expanded MCOCA’s reach.
Act 93 amended MCOCA to require the following:
- Both municipalities and municipal authorities must abide by MCOCA when implementing use and occupancy permit and inspections programs.
- Municipalities have the power to issue a temporary use certificate even for multi-family properties where tenants are currently in place. Some municipalities had previously interpreted MCOCA to only allow municipalities to issue temporary access certificates in some cases of rental property transfers. Act 93 clarified that temporary use certificates may be issued, so long as there aren’t major health and safety violations.
Read more on our website:
News brief: New law, Act 93, amends MCOCA
Issue brief: Act 133
Blog post: What You Should Know About Act 133
Blog post: Act 133 Doesn’t Cover Pre-existing Conditions
Act 133 information on other websites:
PA Realtors®: MCOCA Legal Resource Library (includes Frequently Asked Questions)