PRIOR PRINTER'S NO. 925 PRINTER'S NO. 1068
No. 861 Session of 1997
INTRODUCED BY MELLOW, MUSTO, WILLIAMS, KASUNIC, COSTA AND
PICCOLA, APRIL 2, 1997
SENATOR ULIANA, URBAN AFFAIRS AND HOUSING, AS AMENDED,
MAY 6, 1997
AN ACT
1 Providing for restrictions on purchases of real property in
2 second class A cities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Restrictions on purchases.
6 (a) General rule.--Deeds for any real property exposed for
7 any sale in a second class A city shall not be exchanged any
8 sooner than 15 20 days nor later than 30 45 days after any sale. <--
9 (b) Petition.--A city of the second class A may, within 15
10 days of any sale of real estate, petition the court of common
11 pleas to prohibit the transfer of any deed for any property
12 exposed for any sale which is located in that city to any
13 purchaser who is proven to meet any of the criteria set forth in
14 the city's petition.
15 (c) Criteria.--The petition of the city of the second class
16 A shall, at a minimum, allege that the purchaser has over the
17 last five THREE years exhibited a course of conduct which <--
1 demonstrates that the purchaser:
2 (1) permits AN uncorrected housing code violations <--
3 VIOLATION to continue unabated after being convicted of those <--
4 violations SUCH VIOLATION; <--
5 (2) fails to maintain the property owned by that
6 purchaser in a reasonable manner SUCH THAT IT POSES A THREAT <--
7 TO HEALTH, SAFETY OR PROPERTY;
8 (3) permits the use of property in an unsafe or
9 unsanitary manner SUCH THAT IT POSES A THREAT TO HEALTH, <--
10 SAFETY OR PROPERTY; or
11 (4) acts or has acted as an agent for a purchaser who
12 seeks to avoid the limitations placed on the purchase of
13 property by this act.
14 Allegations under this subsection shall be proved by a
15 preponderance of the evidence.
16 (d) Definitions.--As used in this section, the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Purchaser." Any individual, partner, shareholder, trust,
20 partnership, limited partnership, corporation or any other
21 business association, or any trust, partnership, limited
22 partnership, corporation or any other business association that
23 has any individual as part of the business association who had
24 any ownership interest or rights in the property. A change of
25 name or business status shall not defeat the purpose of this
26 section.
27 "Uncorrected housing code violations VIOLATION." Any <--
28 conviction of a violation of the housing code of a second class
29 A city which is not remedied within six months of conviction.
30 "VIOLATION." ANY CONVICTION UNDER A HOUSING CODE WHICH POSES <--
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1 A THREAT TO HEALTH, SAFETY OR PROPERTY, BUT NOT A CONVICTION
2 DEEMED BY A COURT TO BE DE MINIMIS.
3 Section 2. Application.
4 This act shall apply to all sales conducted on or after
5 January 1, 1998 THE EFFECTIVE DATE OF THIS ACT. <--
6 Section 3. Effective date.
7 This act shall take effect in 30 60 days. <--
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