Regular Session 2017-2018 House Bill 1814 P.N. 2469

PRINTER'S NO. 2469

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1814

Session of

2017

INTRODUCED BY M. K. KELLER, MASSER, D. COSTA, GILLEN, GOODMAN,

A. HARRIS, HENNESSEY, B. MILLER, NEILSON, SOLOMON AND

ZIMMERMAN, SEPTEMBER 25, 2017

REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 25, 2017

AN ACT

Amending the act of July 7, 1947 (P.L.1368, No.542), entitled

"An act amending, revising and consolidating the laws

relating to delinquent county, city, except of the first and

second class and second class A, borough, town, township,

school district, except of the first class and school

districts within cities of the second class A, and

institution district taxes, providing when, how and upon what

property, and to what extent liens shall be allowed for such

taxes, the return and entering of claims therefor; the

collection and adjudication of such claims, sales of real

property, including seated and unseated lands, subject to the

lien of such tax claims; the disposition of the proceeds

thereof, including State taxes and municipal claims recovered

and the redemption of property; providing for the discharge

and divestiture by certain tax sales of all estates in

property and of mortgages and liens on such property, and the

proceedings therefor; creating a Tax Claim Bureau in each

county, except counties of the first and second class, to act

as agent for taxing districts; defining its powers and

duties, including sales of property, the management of

property taken in sequestration, and the management, sale and

disposition of property heretofore sold to the county

commissioners, taxing districts and trustees at tax sales;

providing a method for the service of process and notices;

imposing duties on taxing districts and their officers and on

tax collectors, and certain expenses on counties and for

their reimbursement by taxing districts; and repealing

existing laws," in short title and definitions, further

providing for definitions; and, in sale of property, further

providing for repurchase by owner and providing for

limitation on trusteeship and for ownership interests and

responsibilities of delinquent property owner.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of the act of July 7, 1947 (P.L.1368,

No.542), known as the Real Estate Tax Sale Law, is amended by

adding a definition to read:

Section 102. Definitions.--As used in this act, the

following words shall be construed as herein defined, unless the

context clearly indicates otherwise:

* * *

"Delinquent property owner," a person, whose taxes on the

subject property are delinquent and in whose name the property

is last registered, if registered according to law or, if not

registered according to law, the person whose name last appears

as an owner of record on a deed or instrument of conveyance

recorded in the county office designated for recording. In all

other cases, the term means a person in open, peaceable and

notorious possession of property as apparent owner or reputed

owner of the property.

* * *

Section 2. Section 618 of the act is amended by adding a

subsection to read:

Section 618. Repurchase by Owner.--* * *

(a.1) Notwithstanding subsection (a), if a property remains

unsold after an upset sale and on the docket of a bureau, the

bureau may accept full payment for the property from or on

behalf of the owner. Full payment shall include the upset sale

price of the property calculated under section 605, plus any

additional tax claims, tax liens or tax judgments filed or

entered against the property and any costs, fees expenses or

interest incurred or accrued on the property subsequent to the

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upset sale. The bureau may not accept partial payments or enter

into an installment agreement with an owner whose property

remains unsold after an upset sale. The receipt of full payment

pursuant to this subsection shall discharge the tax claims, tax

liens or tax judgments entered against the property. The subject

property shall be removed from further exposure to sale, and a

note thereof shall be made on the docket and index.

* * *

Section 3. Article VI of the act is amended by adding a

subarticle to read:

(g) Ownership and Maintenance of Property.

Section 641. Limitation on Trusteeship.--(a) A county or

bureau shall hold property subject to sale under this act only

as trustee and shall exercise only such control over the

property as may be necessary or implied in order to convey the

property or otherwise further the purposes of this act.

(b) A county or bureau shall not have any civil or criminal

liability or have any obligation for maintenance or for nuisance

remediation of tax-delinquent property, regardless of whether

the property has been exposed to an upset sale, unless the

county or bureau purchases the property as provided in section

612.1. A trusteeship under this act shall not be considered the

care, custody or control of real property under 42 Pa.C.S. §

8542(b)(3) (relating to exceptions to governmental immunity).

at its discretion and subject to section 612.3, rehabilitate and

maintain property of which the county or bureau is a trustee

without consent of the delinquent property owner. This

authorization shall not diminish the responsibility of a

delinquent property owner as provided in section 642.

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Section 642. Ownership Interests and Responsibilities of

Delinquent Property Owner.--(a) At the time a property that is

tax delinquent is exposed to, but not sold at, an upset sale,

legal title to the property shall remain with the delinquent

property owner until the bureau transfers the deed as trustee

grantor to a purchaser.

(b) Nothing in this act shall be construed to relieve a

delinquent property owner of civil or criminal liability or for

an obligation for maintenance or for nuisance remediation of the

tax-delinquent property to the extent the liability is imposed

by law or ordinance.

Section 4. This act shall apply to sales conducted on or

after the effective date of this section.

Section 5. This act shall take effect in 60 days.

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