PRIOR PRINTER'S NO. 663 PRINTER'S NO. 1067
No. 631 Session of 1997
INTRODUCED BY SALVATORE AND ULIANA, MARCH 6, 1997
SENATOR ULIANA, URBAN AFFAIRS AND HOUSING, AS AMENDED,
MAY 6, 1997
AN ACT
1 Amending the act of May 16, 1923 (P.L.207, No.153), entitled "An
2 act providing when, how, upon what property, and to what
3 extent, liens shall be allowed for taxes and for municipal
4 improvements, for the removal of nuisances, and for water
5 rents or rates, sewer rates, and lighting rates; for the
6 procedure upon claims filed therefor; the methods for
7 preserving such liens and enforcing payment of such claims;
8 the effect of judicial sales of the properties liened; the
9 distribution of the proceeds of such sales, and the
10 redemption of the property therefrom; for the lien and
11 collection of certain taxes heretofore assessed, and of
12 claims for municipal improvements made and nuisances removed,
13 within six months before the passage of this act; and for the
14 procedure on tax and municipal claims filed under other and
15 prior acts of Assembly," further providing for sale of
16 property in cities of the first class.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 31.2(b) of the act of May 16, 1923
20 (P.L.207, No.153), referred to as the Municipal Claim and Tax
21 Lien Law, amended December 14, 1992 (P.L.859, No.135), is
22 amended and the section is amended by adding subsections to
23 read:
24 Section 31.2. * * *
1 (b) The deed to the purchaser shall be executed,
2 acknowledged and delivered as in other real estate sales by the
3 sheriff. Deeds for property exposed for any sale under this act
4 shall not be executed, acknowledged and delivered any sooner
5 than fifteen TWENTY days nor later than thirty FORTY-FIVE days <--
6 after any sale held under this act. Any person interested may at
7 any time prior to the proposed sale pay all the costs of the
8 proceedings, including the cost for the title search or title
9 insurance policy, and all tax and municipal claims, penalties
10 and interest thereon, charged against the property whereupon the
11 proceedings on petition shall at once determine.
12 (b.1) A city of the first class may, within fifteen days of
13 any sale held under this act, petition the court of common pleas
14 to prohibit the transfer of any deed for any property exposed
15 for any sale under this act which is located in that city to any
16 purchaser who is proven to meet any of the criteria set forth in
17 subsection (b.2).
18 (b.2) The petition of a city of the first class shall, at a
19 minimum, allege that the purchaser has over the five THREE years <--
20 preceding the filing of the petition exhibited a course of
21 conduct which DEMONSTRATES THAT THE PURCHASER: <--
22 (1) permits AN uncorrected housing code violations VIOLATION <--
23 to continue unabated after being convicted of those violations <--
24 SUCH VIOLATION; <--
25 (2) fails to maintain property owned by the purchaser in a
26 reasonable manner SUCH THAT IT POSES A THREAT TO HEALTH, SAFETY <--
27 OR PROPERTY;
28 (3) permits the use of property in an unsafe, illegal or
29 unsanitary manner SUCH THAT IT POSES A THREAT TO HEALTH, SAFETY <--
30 OR PROPERTY; or
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1 (4) acts or has acted as an agent for a purchaser who seeks
2 to avoid the limitations placed on the purchase of property by
3 this act.
4 Allegations under this subsection shall be proved by a
5 preponderance of the evidence.
6 (b.3) A change of name or business status by the purchaser
7 shall not affect the operation of this section.
8 (b.4) As used in this section:
9 "Purchaser" shall mean any individual, partner, shareholder,
10 trust, partnership, limited partnership, corporation, or any
11 other business association, or any trust, partnership, limited
12 partnership, corporation or any other business association that
13 has any individual as part of the business association who had
14 any ownership interest or rights in the property.
15 "Uncorrected housing code violations VIOLATION" shall mean <--
16 any conviction of a violation of the local housing code which is
17 not remedied within six months of conviction.
18 "VIOLATION" SHALL MEAN ANY CONVICTION UNDER A HOUSING CODE <--
19 WHICH POSES A THREAT TO HEALTH, SAFETY OR PROPERTY, BUT NOT A
20 CONVICTION DEEMED BY A COURT TO BE DE MINIMIS.
21 * * *
22 Section 2. This act shall apply to all sales conducted on or
23 after the effective date of this act.
24 Section 3. This act shall take effect in 60 days.
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