Reading-Berks Association of REALTORS®

Legislative News

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Upcoming Events:
Legislative & RPAC Committee Meetings
November 5; 10 AM - 12 Noon
R-BAR Conference Room
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10/21/09 - Tax Credit Advertisement

The National Association of Realtors (NAR) has met with members of Congress over the past few weeks discussing the benefits of the Home Buyer Tax Credit. Federal Political Coordinators went to Washington D.C. to testify to the House Financial Services Committee and the Senate Finance Committee. In conjunction with these meetings and hearings, NAR and the National Association of Home Builders partnered to run the displayed advertisement in both USA Today and the Wall Street Journal on October 21st. It was a full page ad that educated readers about how the tax credit creates jobs and encourages economic revitalization. Specifically, the ad cites that extending and expanding the tax credit will create $350,000 jobs, bring $28 Billion more dollars into the economy, and will generate $12 Billion in additional tax revenue.

  

9/22/09 - NAR President Charles McMillan speaks at PAR
2009 NAR President Charles McMillan spoke eloquently about the goals that the National Association of Realtors is fighting for on behalf of all Realtors. The Pennsylvania Association of Realtors put together a concise article discussing his topic points. Click here to read it.

9/18/09 - Smart Growth Alliance
The Smart Growth Alliance met today to discuss the Municipal Assistance Program that will be put on due to the grants received by R-BAR for Smart Growth. Furthermore, the alliance has decided to put on a Smart Growth event in late winter 2010 to educate municipal officials about different smart growth projects in the general Berks County area. Many elected officials want to utilize such techniques in their planning, but simply do not know how. This event will help them accomplish this goal.

9/11/09 - Chamber's Government Affairs Committee Meeting
R-BAR's Government Affairs Director discussed several pieces of legislation on all levels of government that the Realtors Association is monitoring right now.

8/27/09 - Congressman Charlie Dent (Chamber Town Hall Meeting)
R-BAR's Government Affairs Director, in addition to R-BAR Board Member Jeff Sicher, both attended the Chamber's Town Hall meeting with Congressman Charlie Dent. Dent gave his thoughts on the Stimulus package, Card Check, Health Care Reform, and the Climate Change legislation bill. As it was a chamber event, Dent highlighted his thoughts in the perspective of a small business owner. Most of the discussion revolved around the need for Health Care Reform, however Dent stated that he was not in favor of HR 3200. Dent stated that tort reform and wellness programs are needed, in addition to other ideas to target the overall problem.

8/19/09 - Letter to the Editor
R-BAR's Government Affairs Director wrote a Letter to the Editor to the Reading Eagle. In a previous letter, an individual incorrectly stated that the First Time Home Buyer Tax Credit was damaging to the country. The response was intended to educate readers about the tax credit's importance. Click here to read it.

8/13/09 - Congressman Joseph Pitts (Chamber Town Hall Meeting)
R-BAR's Government Affairs Director attended the Chamber's Town Hall meeting with Congressman Joe Pitts. He spent much time discussing the Healthcare Reform legislation. Additionally, he gave his thoughts on the Climate Change legislation. Overall, the attendees were interested in hearing his thoughts regarding Congress.

7/21-7/24/09 - GAD Institute
R-BAR's Government Affairs Director attended the NAR GAD Institute in late July. He attended several sessions including: Opening Session (with NAR President Charles McMillan as the keynote speaker), Seven Influence Campaign Errors, Form Based Codes: The New Zoning, NAR President's Reception, NAR Federal Legislative Update (with NAR Deputy Chief Lobbyist Jamie Gregory), Politics and Social Media, Understanding Climate Change Legislation, and the GAD Networking Session. Overall, the opportunity was a learning experience in which much knowledge was gained.

7/16/09 - Blighted Property Review Committee
Members of the Legislative Committee and R-BAR's Government Affairs Director attended the City of Reading's Blighted Property Review Committee meeting on July 16th. This meeting was held to hold property owner's accountable for the blight from their properties. All 12 properties discussed were considered blighted by the committee. The owners have a limited timetable to ensure that these properties are cleaned up and safe for inhabitation. R-BAR will monitor the actions of this committee to ensure that the City does not use eminent domain in any situation where it is not warranted.

7/16/09 - Rep. Dante Santoni Fundraiser
Members of the RPAC and Legislative Committees attended PA State Representative Dante Santoni's clambake fundraiser on July 16th. Although he wasn't in attendance due to business in Harrisburg, all enjoyed the event.

7/10/09 - Roundtable Meeting with Commissioner Barnhardt
On Friday, July 10th, members of R-BAR’s Legislative Committee met with Commissioner Kevin Barnhardt, County of Berks Criminal Justice Program Director Tim Daley, and Township of Exeter Cheryl Franckowick for another installment of the Government Affairs Roundtable Series. The topic of discussion was the Quality of Life Mapping program. The three guests stated that the program would be used to help law enforcement and zoning offices of each municipality that would use the program. It would be used to primarily curtail crime and codes violations. Commissioner Barnhardt stated that they will continue encouraging municipalities to take advantage of this program. The County Government and Courts are working together to find irresponsible landlords, tenants, tax delinquents, etc. Additionally, police and code enforcement will now be able to target emerging problem areas. Since there are a few things that this map will highlight, it will be color coded to help distinguish differences for police and code enforcement officials. It will not be available for the general public. The public is able to obtain the reports that would ultimately go into the mapping program, but the compilation of violations and crime that goes into the map will be viewed by the police and code enforcement officials only. Exeter Township was the first municipality to sign up for the program, however talks are occurring within West Reading, Muhlenberg, Bern, and Wyomissing. Albright College will be doing research into how it has helped over the long run.

7/6/09 - SB 241 Sign into Law by Governor Rendell
The Pennsylvania Association of REALTORS(R) announced that SB 241 was signed by the Governor earlier today. SB 241 is now Act 14 of 2009. To learn more about this legislation, scroll down.

7/1/09 - NAR Issues Background Information on the American Clean Energy and Security Act
The U.S. House of Representatives approved H.R. 2454, the American Clean Energy and Security Act by Reps. Waxman (D-CA) and Markey (D-MA). The bill, re-numbered H.R. 2998, includes NAR-supported provisions, championed by Rep. Perlmutter (D-CO), that exempt existing homes and buildings from the bill's provisions to build upon an existing Energy Star energy labeling program.

 

After multiple consultations with the NAR Climate Presidential Advisory Group, the NAR Land Use, Property Rights and Environment Committee, and state associations who had dealt with energy audit legislation at the state level, the Land Use, Property Rights and Environment Committee directed NAR staff to concentrate on the real estate provisions in the bill. As a result, NAR issued calls for action and made this a talking point for Capitol Hill visits during its recent Midyear meeting.

 

Overall, Realtors succeeded in making a number of positive changes to the bill. Thanks to Realtors, the House-approved bill:

 

• Does not create a federal energy audit requirement for real property;

• Exempts existing homes and building from any federal guidelines for new construction energy efficiency information labels.

• Prohibits the implementation of any labeling during a sales transaction.

• Leaves the decision to states as to whether to require energy audits, disclosures, etc.

• Provides property owners with significant financial incentives, matching grants and tools to make property improvements and reduce their energy bills;

• Prohibits the Environmental Protection Agency from regulating residential and commercial buildings under the Clean Air Act;

• Eliminated an early proposal to allow citizens to sue over minor climate risks under the Clean Air Act; and

• Establishes green building incentives for HUD housing, including a loan program for renewable energy, block grants and credit for upgrades in mortgage underwriting.

 

While H.R. 2998 includes many positive changes, NAR will have additional opportunities to make further changes to address unresolved issues, such as the bill's building energy code targets. The Senate must still pass its version of an energy and climate bill. There would be a House-Senate conference committee to reconcile differences between the House and Senate bills. The timing for a vote in the Senate is not clear as the Environment and Public Works Committee still must develop the climate provisions to "cap and trade" carbon emissions. The Senate Energy and Natural Resources Committee has approved energy provisions that are more realistic and preserve state flexibility to develop and enforce building codes. While the bill as approved by the House represents a significant improvement over the bill that was introduced, NAR will continue to work to address these issues as the legislative process continues.

6/30/09 - SB 241 Passes House
Today, Senate Bill 241 passed the PA House of Representatives with a vote of 194-0. It passed many days earlier in the Senate. Senate Bill 241 will allow parties involved in a real estate transaction to reach an agreement in writing, in advance, as to how escrow money will be distributed in the event a dispute occurs. Currently, the Real Estate Licensing and Registration Act (RELRA) requires that escrow funds be placed in an insured depository within a limited time following receipt by the licensee. These funds may only be taken out of the escrow account when the transaction settles, or when the transaction terminates without a settlement and there is no lingering dispute between the parties. Releasing funds when settlement occurs has never posed a problem. However, how to release funds in a failed transaction is problematic and licensees are currently powerless to resolve the problem under current law. Additionally, Senate Bill 241 will provide that associate brokers and salespersons may set up entities such as S corporations or LLCs to conduct their real estate business and receive commissions. The legislation would require that only a licensee may own an entity that is paid a commission by the broker. In addition, an entity organized by an associate broker or salesperson to receive commissions may not be held out to the public as providing real estate services. If an associate broker or salesperson does not comply with those restrictions or if the entity is used to violate RELRA generally, the associate broker or salesperson will be subject to discipline.

6/30/09 - Common Level Ratio
Starting July 1, 2009, county residents will be able to file appeal to their assessment if they wish. Regular appeals can be filed each year from July 1 to August 15.  Results of the appeal are effective for the following tax year. The following link is intended to educate REALTORS(R) and citizens of Berks County on this information: Common Level Ratio.

6/27/09 - Commissioner Leinbach's Hook & Ladder Chicken BBQ
Members of the Legislative Committee, as well as the Government Affairs Director, attended Commissioner Christian Leinbach's family-friendly fundraiser at Shearer's Grove. The event was attended by a variety of county residents, businessmen and women, and elected officials.

6/25/09 - Urban Land Initiative's Urban Marketplace
Government Affairs Director Chuck Liedike attended ULI's Urban Marketplace in Philadelphia. The event was a day-long forum that convened the private, public and community development sectors of the region’s real estate industry to promote investment opportunities and development strategies for revitalizing urban and suburban neighborhoods and corridors.

6/12/09 - Chamber Legislative Breakfast
Legislators representing sections of Berks County attended the Chamber's breakfast this year. Members of the Legislative Committee, as well as the Government Affairs Director, were in attendance. Many of the elected officials discussed the state economy. Additionally, many of the elected officials spoke with the R-BAR attendees at length about various housing issues.

5/29/09 - 2009 R-BAR Legislative Breakfast
Legislators and County Commissioners representing Berks County attended R-BAR's annual Legislative Breakfast on May 29th. The keynote address was given by Pennsylvania Association of Realtors President Greg Herb this year. He addressed the several issues that PAR is focusing on right now. Additionally, he briefly touched some national information local members found important. The various legislators spoke on several subjects. Both Senators O'Pake and Folmer touched the PA Budget from the Democratic and Republican perspectives. From there, State Representatives had the floor to discuss various subjects. Santoni spoke on gaming issues and how it helped property tax relief. Caltagirone gave a synopsis of education funding and school district consolidation. Rohrer gave his thoughts on school property tax elimination. Cox cited several examples of how PA can create jobs and improve the economy. Kessler discussed some school issues, but spent most of his time discussing sewage sludge issues in Berks County. Following him, two of Berks County's three commissioners spoke. First, Mark Scott explained in great detail the current status of the County's economy. Following him, Kevin Barnhardt discussed Quality of Life Mapping using a detailed PowerPoint presentation. Overall, the members were very pleased with the event. 

5/22/09 - Specialized Meeting with Mayor McMahon, City Codes and Zoning Staff
Members of the Legislative Committee accompanied R-BAR's Government Affairs Director to a special meeting with City of Reading Mayor McMahon. Also in attendance were members of his Codes and Zoning staff. A number of subjects were discussed including the zoning and rental permit process. McMahon encouraged Realtors who sell properties to explain the proper usage of the actual property. The Mayor suggested during the meeting that we collectively meet at least every six months to discuss progress. When we discussed the Health and Safety Inspection checklist, the City referred to the Property Maintenance Code and how it clarifies everything. Next, regarding the Rental Registration Process, the checklist was drastically reduced to help move the process forward. Also discussed was the need for a central computerized system. The Mayor stated that he wants everything to be computer function so that people can do things online as well. He also stated that they submitted a grant request to hire a computer technician who would set everything up. Next, the topic of "local property managers" were discussed. The City stated that so many investors live far away (ex. New York), that they needed to place language in the Ordinances to enforce provisions. The Mayor asked the Codes and Zoning staff to examine the possibility of placing "local property managers" within a radius provision, rather than the current County provision. Following this discussion, a Legislative Committee stated that years ago when a property transferred, the City would send them a letter asking if it would be for housing or rental purposes. This practice has stopped, but R-BAR believed this would be a good thing to start back up. The City website should also have every new update immediately for individuals interested in learning more. A plethora of other topics was discussed as well, but overall the meeting went very well.

5/12/09 - 5/15/09 - NAR Mid Year Legislative Meetings
Members of the R-BAR staff accompanied the Government Affairs Director and Board Members in Washington D.C. this year for the NAR Mid Year Legislative Meetings. They attended sessions to hear from Alan Greenspan and other knowledgeable national speakers. Additionally, meetings were held with both Congressman Holden and Congressman Gerlach.

5/5/09 - Roundtable Meeting with Councilman Dennis Sterner
City of Reading Councilman Dennis Sterner visited the R-BAR office for a Government Affairs Roundtable Series meeting on May 5th. The attending members, as well as Sterner, enjoyed the conversation. Discussion revolved around housing issues. We discussed the zoning of properties in relation to the introduced Ordinance that would eliminate rental housing in zoning districts R-1, R-1A, and R-2. He understands that there is a large illegal rental issue. He stated that much of the issues revolve around the fact that there are limited staff to get things done quicker. He did applaud codes staff for placarding some of the dangerous, illegal rentals that are vacant. Attending members stated that we do not like illegal rentals either, however we disagree on creating new Ordinances. There are Ordinances on the books that can halt illegal rentals. Furthermore, members stated that a computerized system is best to get things completely done. Every property could be accounted for, and problems would truly be minimal. One step forward the City took was changing the Housing Permit Ordinance to a Rental Registration Ordinance, which drastically cut the requirements placed on property owners. The idea of screens being enforced in the code were also brought up. Screens may not be that safe, especially when kids are leaning up against them. It was last stated that an upcoming meeting with the Mayor, Managing Director, and even some Councillors could help the overall housing issue.

4/24/09 - Reading-Berks Green Alliance Guest Speaker - Representative David Kessler
April's guest for the Reading-Berks Green Alliance was PA State Representative David Kessler (D-130). Kessler spoke on a variety of green issues including legislation that he co-sponsored that would introduce numerous grant opportunties for the state. Much of the meeting was spent discussing different options that homeowners and businesses can use to maximize their green efforts. Links will be provided shortly. He also discussed how money has been set aside to create an all-green pre-school in Ruscombmanor Township. Furthermore, he gave an example of how one local farmer has capped the methane gases on a farm to pay for the electricity bill and to sell electricity to surrounding neighbors. Although the upfront cost of $700,000 is high, he will break zero in only 7 or 8 years. After that, that farmer will be making money due to his efforts. Kessler continued to promote that going green will help stimulate the economy. He cited that there are jobs available right now in the state for going green because businesses want to invest in it.

4/22/09 - Meeting with Reading's City Clerk
Both the Government Affairs Director and Members of the Association met with the City of Reading's City Clerk to discuss the new rental/zoning Ordinance that is currently on the table. The Government Affairs Director reiterated that the City does not need to continue creating new pieces of legislation that will complicate the process. Rather, the City should enforce current laws, which would alleviate the overall burden of illegal rentals.

4/13/09 - City of Reading Council Meeting
Numerous members from thoughout the Association came to the City of Reading's Council meeting to discuss the harm that would come from the Rental/Zoning Ordinance changes due to illegal rentals. Additionally, the Government Affairs Director provided a clear alternative that the City should consider when trying to penalize those rental properties that are illegal. He stated that further legislation is not needed when the City already has a solution for such problems. If the City would enforce current laws, this problem would not be rampant.

4/3/09 - Meeting with Representative Caltagirone
Both the Government Affairs Director and Members of the Association met with Representative Caltagirone to discuss different issues arising in Berks County. Among them included the budget and how it would affect the region as well as throughout the state.

3/24 & 3/25/09 - PAR Government Affairs Seminar
Members of the RPAC and Legislative Committees, as well as the Government Affairs Director, attended the PAR Government Affairs Seminar on March 24th and 25th. Among them included Jeff Crosby, Mark Mohn, and Deb James. It was beneficial of them to learn about the open records office and how it can assist with R-BAR issues in the City of Reading, SB 241 dealing with escrows and entities, the power of RPAC, personal political relationships with key state legislators, as well as the legislative hill visits with various legislators and the Tuesday night reception also held with legislators.

3/23/09 - Roundtable Meeting with Mayor Tom McMahon
Mayor Tom McMahon visited the R-BAR office for a Government Affairs Roundtable Series meeting on March 23rd. He was particularly eager to talk with us about several issues. He encouraged us to meet with heads of departments and further stated that he would like to be in attendance in a follow up meeting occurring in a month from now to discuss housing issues, as he would be accompanied by administration from codes and zoning. Details about the upcoming meeting will be shared shortly.

3/18/09 - City of Reading Special Hearing on New Rental Requirements
The City of Reading has introduced a Rental Ordinance that the Government Affairs Director spoke against. Some R-BAR members were in attendance accompanying him at the public hearing. The Government Affairs Director stated the position of the Association in great depth. Overall however, it appears that Council is split. R-BAR will be mounting an ongoing campaign against this Ordinance as R-BAR believes that the Rental Registration Ordinance and the Zoning Ordinance are effective if utilized. 

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