An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in uses of property, providing for encampments.

PRINTER'S NO. 837
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 780
Session of
2025
INTRODUCED BY PICOZZI, COLEMAN, MASTRIANO, ARGALL, STEFANO AND
ROTHMAN, MAY 27, 2025
REFERRED TO LOCAL GOVERNMENT, MAY 27, 2025
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in uses of property,
providing for encampments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 57
ENCAMPMENTS
Sec.
5701. Definitions.
5702. Unauthorized encampments prohibited.
5703. Enforcement.
§ 5701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Encampment." An unsheltered location where an accumulation
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of temporary, makeshift or hand-built structures are utilized as
a place of habitation for three or more unrelated individuals.
"Indication of nuisance." A condition of property that is
consistent with a public or private nuisance at common law. The
term includes:
(1) Insufficient facilities to meet sanitation needs.
(2) Visible, dangerous or unsanitary accumulation of
camping paraphernalia, abandoned belongings, garbage or human
waste.
(3) Open fires.
(4) Open air drug markets, visible drug use or
accumulation of drug paraphernalia.
"Interested person." A resident or owner of real property
adversely impacted by an unauthorized encampment. It shall be
presumed that a parcel of real property located within 1600 feet
of an unauthorized encampment is adversely impacted.
"Unauthorized encampment." An encampment on public or
private property , without the property owner's express consent
or authorization, where an indicatio n of nuisance exist s .
§ 5702. Unauthorized encampments prohibited.
(a) Generally.--An u n authorized encampment is prohibited.
(b) Owner's consent.--In the event a property owner gives
express consent for an encampment:
(1) The property owner shall prevent, mitigate and abate
any condition of nuisance on the property.
(2) The property owner shall comply with any health and
safety regulations for camping or encampments adopted by
ordinance of the municipality in which the property is
located.
(3) The property owner shall be liable for a dangerous
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condition on the property. By providing consent the owner is
deemed to have constructive notice of any dangerous condition
on the property.
(4) If the property owner is a municipality, the owner
waives any claim of immunity under 42 Pa.C.S. Ch. 85 Subch. C
(relating to actions against local parties).
§ 5703. Enforcement.
(a) Procedure.--
(1) If an encampment appears to have an indication of
nuisance, an interested party may submit a petition to the
municipality in which the encampment is located for a
determination as to whether the condition of the encampment
constitutes a public nuisance.
(2) If the encampment is located on private property and
the municipality determines the condition of the encampment
constitutes a public nuisance, the municipality shall send a
notice to the property owner's last known address and post
the notice prominently on the property affected. The notice
shall inform the property owner that the property owner must
eject the encampment in accordance with subsection (b) or
give express consent to the encampment within 30 days of the
municipality's determination.
(3) If the encampment is located on public property of
the municipality, the municipality shall eject the encampment
in accordance with subsection (b) or give express consent of
the encampment within 30 days of the municipality's
determination.
(4) A person aggrieved by a decision of the municipality
under this subsection may appeal the decision to the
Commonwealth Court. The appeal must be filed not later than
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30 days after the decision of the municipality. The case
shall be heard in Commonwealth Court's appellate
jurisdiction.
(5) If the municipality has failed to take action within
90 days after the filing of a petition under paragraph (1),
the petitioner may commence an action in Commonwealth Court
to review the petition not later than 120 days after the
filing of the petition. The action shall be tried de novo
without a jury.
(b) Duty to eject.--The owner of property on which an
unauthorized encampment is located has a duty to eject the
encampment through legal proceedings or by seeking the
assistance of a law enforcement agency within 30 days of the
receipt of a notice under subsection (a)(2).
(c) Violation.--A failure to comply with the duty under
subsection (b) or section 5702(b)(1) or (2) (relating to
unauthorized encampments prohibited) is a violation of this
chapter.
(d) Civil penalty.--In addition to any other remedy at law
or equity, a municipality may assess a civil penalty against an
owner of property not to exceed $250 per violation, per day for
a violation of this chapter.
(e) Private cause of action.--
(1) An interested person may:
(i) seek declaratory or injunctive relief and actual
damages in an appropriate court against a property owner,
including a municipality, for a violation of this
chapter;
(ii) seek declaratory judgment that an encampment
constitutes a public nuisance; or
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(iii) seek to enforce by mandamus a duty of a
municipality under this chapter.
(2) An action against a municipality under this chapter
shall be heard by Commonwealth Court under its original
jurisdiction.
(f) Reasonable expenses.--A court shall award reasonable
expenses to an interested person in an action under subsection
(d) if a final determination by the court is granted in favor of
the interested person.
(g) Physical removal.--
(1) In addition to any other remedy at law or equity,
and upon the failure of a property owner to comply with
subsection (b) or section 5702(b), a municipality may, or in
the case that a court has deemed the encampment a public
nuisance shall within 30 days, cause the physical removal of
the encampment and mitigation of any related public nuisance.
(2) The municipality may collect the cost of the work
and an additional 10% of the cost, together with all charges
and expenses, from the owner and may file a municipal claim
for the amounts or collect the amounts by action in
assumpsit.
(3) Prior to removal under this subsection the
municipality shall:
(i) Provide no less than seven days notice by
posting, at the location of the encampment, the date and
time of removal activities.
(ii) Allow a reasonable opportunity for the
individuals inhabiting the encampment to remove personal
property from the encampment.
(iii) Take reasonable steps to promote access to
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public and private services available to individuals
experiencing homelessness as a result of the removal.
Section 2. This act shall take effect in 60 days.
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