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Pennsylvania Consolidated Statutes

53 Pa. Cons. Stat. § 2961 (2026)

 Scope of powers of home rule.

✓ current as of May 2026
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SUBCHAPTER E

GENERAL POWERS AND LIMITATIONS OF

HOME RULE CHARTER MUNICIPALITIES

 

Sec.

2961.  Scope of powers of home rule.

2962.  Limitation on municipal powers.

2963.  Exercise of municipal powers by home rule county.

2964.  General powers of municipalities.

2965.  Recording and filing of charter.

2966.  Continuation of office of existing elective officials.

2967.  Repeal of home rule charter.

§ 2961.  Scope of powers of home rule.

A municipality which has adopted a home rule charter may exercise any powers and perform any function not denied by the Constitution of Pennsylvania, by statute or by its home rule charter. All grants of municipal power to municipalities governed by a home rule charter under this subchapter, whether in the form of specific enumeration or general terms, shall be liberally construed in favor of the municipality.

Notes of Decisions
Cited in 54 cases (10 in the last 5 years), 1999–2025 · leading case: Pa. Rest. & Lodging Ass'n v. City of Pittsburgh, 211 A.3d 810 (Pa. 2019).
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Pa. Rest. & Lodging Ass'n v. City of Pittsburgh, 211 A.3d 810 (Pa. 2019). · cites it 11× “Echoing Article IX, Section 2, of our Constitution, the HRC extends home-rule authority only to “function[s] not denied by the Constitution of Pennsylvania, by statute or by [the municipality’s] home rule charter.”
Fross v. Cnty. of Allegheny, 20 A.3d 1193 (Pa. 2011). · cites it 4× “IX, § 2; 53 Pa.C.S. § 2961 (general powers of home rule municipalities), § 2901 (part applies to all municipalities except Philadelphia).”
Wecht v. Roddey, 815 A.2d 1146 (Pa. Commw. Ct. 2002). · cites it 4× “The HRC & OPL provides in pertinent part: A municipality which has adopted a home rule charter may exercise any powers and perform any function not denied by the Constitution of Pennsylvania, *1151 by statute or by its home rule charter. All grants of municipal power to…”
Holt's Cigar Co. v. City of Philadelphia, 10 A.3d 902 (Pa. 2011). · cites it 4× “Schweiker, supra at 84 ; 53 Pa. C.S. § 2961. In addition, grants of municipal power to a home rule municipality are to be "liberally construed in favor of the municipality.”
Nutter v. Dougherty, 938 A.2d 401 (Pa. 2007). · cites it 2× “4, 9; the Home Rule Charter and Optional Plans Law, 53 Pa.C.S. § 2961 (providing that a home rule municipality "may exercise any powers and perform any function not denied by the Constitution of Pennsylvania, by statute or by its home rule charter"); and its explication in our…”
Jill Mancini v. Northampton Cnty., 836 F.3d 308 (3rd Cir. 2016). “; see 53 Pa. Cons. Stat. § 2961 . 2 . The nine exemptions from the career service are: (1) all elected officials; (2) the heads of agencies immediately under the direction and supervision of the County Executive; (3) one confidential or clerical employee for each of the above…”
In Re Condemnation by City of Coatesville, 898 A.2d 1186 (Pa. Commw. Ct. 2006). · cites it 3× “When the General Assembly enacted Section 2961 of the Home Rule Law, 53 Pa. C.S. § 2961, it gave home rule charter communities the broadest powers and specifically required the presumption that those communities had the power to undertake the action they desired to take, and…”
A. Ziegler v. City of Reading & Reading Area Water Auth., 142 A.3d 119 (Pa. Commw. Ct. 2016). · cites it 2× “" 16 53 Pa.C.S. § 2961. A home rule charter municipality shall not exercise any "powers contrary to, or in limitation or enlargement of powers granted by statutes which are applicable in every part of this Commonwealth.”
In Re Appointment of Dist. Attorney, 756 A.2d 711 (Pa. Commw. Ct. 2000). · cites it 4× “When the General Assembly enacted Section 2961 of the Home Rule Law, 53 Pa.C.S. § 2961, it gave home rule charter communities the broadest powers and specifically required the presumption that those communities had the power to undertake the action they desired to take, and…”
Nutter v. Dougherty, 921 A.2d 44 (Pa. Commw. Ct. 2007). · cites it 2× “Section 2961, 53 Pa.C.S. § 2961, provides in relevant part that all grants of power to home rule municipalities shall be liberally construed in their favor.”
Hartman v. City of Allentown, 880 A.2d 737 (Pa. Commw. Ct. 2005). “53 Pa.C.S. § 2961. In addition to the broad, general grant of legislative power in the Home Rule Law, the General Assembly, through specific statutes, has authorized municipalities to legislate on various subjects.”
Lozano v. City of Hazleton, 496 F. Supp. 2d 477 (M.D. Penn. 2007). “; plaintiffs’ privacy rights; Pennsylvania’s Home Rule Charter Law, 53 Pa. Cons.Stat. §§ 2961; et seq., the Landlord and Tenant Act 68 Penn.”
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