Affordable Housing Bill Awaits Mayor Parker’s Signature

As Philadelphia City Council prepares to reconvene, two key pieces of legislation aimed at boosting affordable housing are now awaiting action on Mayor Cherelle Parker’s desk. Both measures, if enacted, would streamline the development process for affordable housing and expand the City’s authority to secure affordability commitments during zoning approvals.

Bill No. 250043 amends the City’s Building, Construction and Occupancy Code to formally define what qualifies as an “affordable housing project.” Projects falling under a wide set of criteria—such as eligibility for the Mixed Income Housing bonus, receipt of public subsidies, redevelopment of Philadelphia Land Bank properties, or the inclusion of affordability covenants—would receive this designation.

Once classified, these projects would benefit from expedited permitting and reduced costs. Zoning permit applications would be reviewed within five business days, while building and trade permits would be processed within ten. The bill also eliminates fees for Zoning Board of Adjustment hearings and plan-review surcharges. Together, these changes are intended to cut red tape and accelerate the timeline for affordable housing delivery in the city.

Bill No. 250041 gives the Zoning Board of Adjustment new authority to require affordable housing as a condition of zoning relief in certain commercial zoning districts. By amending Section 14-303 of the Philadelphia Code, the measure permits the Board to mandate affordability when granting variances or special exceptions. This change signals a potential shift in the zoning process: developers seeking discretionary approvals may now face negotiations around affordability commitments, making it critical to plan for compliance early in the development process.

As these bills await the Mayor’s signature, developers and property owners should be mindful of the “pending ordinance doctrine.” Under Pennsylvania law, this doctrine allows municipalities to apply the provisions of a zoning ordinance that is in the process of enactment—even before it is formally adopted—when reviewing development applications. In practice, this means that once legislation like those listed above are introduced and actively under consideration, the City may begin applying its requirements to projects in the pipeline. Developers filing applications in the coming weeks could therefore be subject to the new rules, even before they officially take effect.

If you are interested in how these, or any, new pieces of legislation may affect your development projects, please feel free to reach out to our office to schedule a consultation: info@Nochumson.com