PRINTER'S NO. 631
No. 569 Session of 1989
INTRODUCED BY HAGARTY, MORRIS, HECKLER, LETTERMAN, FOX, RYBAK,
NAHILL, VROON, BUNT, SAURMAN, CIVERA, RICHARDSON, BISHOP,
SERAFINI, VEON, LAUGHLIN, SEMMEL, MICHLOVIC, BILLOW, ITKIN
AND E. Z. TAYLOR, FEBRUARY 15, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 15, 1989
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 3410(f) of Title 68 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3410. Conversion condominiums.
9 * * *
10 (f) Units leased to senior citizens and blind and disabled
11 persons.--For the purpose of this subsection, an eligible tenant
12 or subtenant shall be a natural person who, at the time the
13 notice described in subsection (a) is given by the declarant, is
14 62 years of age or older or is blind or disabled, and has
15 occupied the unit for at least two years. Within 30 days after
16 receipt of the notice from the declarant referred to in
17 subsection (a), any tenant, or subtenant, in possession of a
1 unit, who believes that he is an eligible tenant or subtenant
2 shall so notify the declarant and shall provide the declarant
3 with proof of his eligibility. Any eligible tenant or subtenant
4 who has established his eligibility as aforesaid shall be
5 entitled to remain in possession of his unit [for two years
6 following the date of the notice referred to in subsection (a)]
7 during his lifetime, notwithstanding any prior termination date
8 in his lease, except by reason of nonpayment of rent, waste or
9 conduct that disturbs other occupants' peaceful enjoyment of the
10 condominium[, and the]. The surviving spouse of the original
11 eligible tenant shall also be entitled to remain in possession
12 of the premises on the same basis for life if the surviving
13 spouse meets the eligibility requirements of this section on the
14 date of death of the deceased spouse. The terms of the tenancy
15 may not be altered during the time period between the date on
16 which the tenant's lease would otherwise terminate and the
17 expiration of [this two-year period] two years following the
18 date of the notice referred to in subsection (a), except that
19 the rental may be increased to the extent necessary to reflect
20 any increase in real estate taxes and utility charges,
21 applicable to the unit and not separately paid by the tenant[,
22 for the time period between the date of the notice referred to
23 in subsection (a) and the date on which the tenant's lease would
24 otherwise terminate]. Thereafter, the tenant shall not be
25 subject to unconscionable rent increases beyond those charged on
26 comparable apartments in the general geographic vicinity during
27 the period of the occupancy. Factors to be considered in
28 determining comparability shall include, but not be limited to,
29 building services, level of maintenance and operating expenses,
30 except that an action for possession may be commenced against
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1 the tenant for nonpayment of rent, illegal use or occupancy of
2 the premises, refusal of reasonable access to the owner or a
3 similar breach by the tenant of his obligations to the owner of
4 the dwelling unit. Failure of a declarant to comply with the
5 provisions of this subsection is a defense to an action for
6 possession.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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