PRINTER'S NO. 2213
No. 1842 Session of 1981
INTRODUCED BY ALDEN, STEWART, GANNON, MORRIS, PISTELLA AND GRAY,
SEPTEMBER 22, 1981
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
SEPTEMBER 22, 1981
AN ACT
1 Amending Title 68 (Real and Personal Property) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 conversion condominiums.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3201 of Title 68, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, added July 2, 1980 (No.82), is amended by adding a
9 subsection to read:
10 § 3201. Creation of condominium.
11 * * *
12 (e) Conversion condominium.--A declaration for a conversion
13 condominium shall be recorded on or before the date that notice
14 of conversion is given, as provided for in section 3410(a)
15 (relating to conversion condominiums). If the declaration is not
16 recorded on or before the date that notice of conversion is
17 given, the time periods set forth in section 3410, relating to
1 the time allotted to tenants to do the following shall not
2 commence to run until the declaration is recorded:
3 (1) Vacate the unit or units in their possession.
4 (2) Purchase their unit.
5 (3) Give notice of intent to terminate their lease.
6 Section 2. Subsections (a) and (f) of section 3410 of Title
7 68, added July 2, 1980 (No.82), are amended to read:
8 § 3410. Conversion condominiums.
9 (a) Notice of conversion.--A declarant of every conversion
10 condominium shall give each of the tenants and any subtenant in
11 possession of a unit or units in a building or buildings subject
12 to this subpart notice of the conversion no later than one year
13 before the declarant will require the tenants and any subtenant
14 in possession to vacate. The notice must set forth generally the
15 rights of tenants and subtenants under this section and shall be
16 mailed by prepaid United States registered mail return receipt
17 requested to the tenant and subtenant at the address of the unit
18 and not more than one other mailing address provided by a
19 tenant. Every notice shall be accompanied by a public offering
20 statement concerning the proposed sale of condominium units
21 within such building or buildings and a copy of the declaration
22 for the conversion condominium. Except as otherwise provided in
23 subsection (f), no tenant or subtenant may be required by the
24 declarant to vacate upon less than one year's notice, except by
25 reason of nonpayment of rent, waste or conduct that disturbs
26 other tenants' peaceful enjoyment of the premises and the terms
27 of the tenancy may not be altered during that period. Failure of
28 a declarant to give notice as required by this subsection is a
29 defense to an action for possession.
30 * * *
19810H1842B2213 - 2 -
1 (f) Units leased to senior citizens and blind and disabled
2 persons.--For the purpose of this subsection, an eligible tenant
3 or subtenant shall be a natural person who, at the time the
4 notice described in subsection (a) is given by the declarant, is
5 62 years of age or older or is blind or disabled, and has
6 occupied the unit for at least two years. Within 30 days after
7 receipt of the notice from the declarant referred to in
8 subsection (a), any tenant, or subtenant, in possession of a
9 unit, who believes that he is an eligible tenant or subtenant
10 shall so notify the declarant and shall provide the declarant
11 with proof of his eligibility. Any eligible tenant or subtenant
12 who has established his eligibility as aforesaid shall be
13 entitled to remain in possession of his unit for two years
14 following the date of the notice referred to in subsection (a),
15 notwithstanding any prior termination date in his lease, except
16 by reason of nonpayment of rent, waste or conduct that disturbs
17 other occupants' peaceful enjoyment of the condominium, and the
18 terms of the tenancy may not be altered during the time period
19 between the date on which the tenant's lease would otherwise
20 terminate and the expiration of this two-year period except that
21 the rental may be increased to the extent necessary to reflect
22 any increase in real estate taxes and utility charges,
23 applicable to the unit and not separately paid by the tenant,
24 for the time period between the date of the notice referred to
25 in subsection (a) and the date on which the tenant's lease would
26 otherwise terminate. Any increase in rental pursuant to these
27 provisions shall not take effect until after the date on which
28 the tenant's lease would otherwise terminate. Failure of a
29 declarant to comply with the provisions of this subsection is a
30 defense to an action for possession.
19810H1842B2213 - 3 -
1 * * *
2 Section 3. This act shall take effect immediately.
A29L68CVV/19810H1842B2213 - 4 -