The Housing Alliance of Pennsylvania
Dec 17, 2015
The Housing Alliance of Pennsylvania
Addressing blight is a local concernBut solutions are largely governed by State
lawPA General Assembly has modernized laws
Now there are a variety of new tools that can be used to address these issues
These new tools are divided into three categories:
1. Blight Prevention Strong enforcement = effective prevention
2. Disposition Transfer property for beneficial use
3. Redevelopment Incentives Encourage private investment in blighted
properties
Tools WE HAVE to Address Blight and
Abandonment
Strong Enforcement = Effective Prevention
Person purchases property with known code violations
Purchase of building
18 months to correct violations or demolish
structure
Purchase of a lot
12 months to correct violations
Code Enforcement Official inspects property at sale
12-18 month re-inspection
Violations not corrected Violations
corrected
Citation issued and fines from $1,000-
$10,000
Purpose: Purchasers of property must correct known violations within 12-18 months
Owner of a property subject building, housing or property maintenance codes
Convicted at least 4 times for
same code violation
No reasonable attempt to
abate
Purpose: Multiple code convictions are misdemeanor criminal offenses
Threatens health, safety,
property
Violations remain
unabated
Code Enforcement Official requests prosecution by ADA
ADA approves and prosecutes
Code Officials conduct periodic inspections to support prosecution
Offender punished by incarceration
Five plus summary convictions = 1st
degree misdemeanor
Four summary convictions = 2nd
degree misdemeanor
Purpose: Court appointed third party may take control of blighted property
Vacant buildings with code violations/ public nuisance conditions
Not occupied for 1 year
Not marketed
for 60 days
Not part of foreclosure
action
Owned longer than 6 months
Court action initiated by owner, lien holder, nonprofit municipality, resident/business owner within 500 feet
3rd party (conservator) appointed to:
Take possession
Bring building up
to code
Carry out court-approved
rehabilitation plan
Demolish building
(Can be financed by court approved conservators lien)
Transfer property for beneficial use
Purpose: Makes it easier for non-profit Community Development Corporations (CDCs) to purchase property owned by a municipality
Property titled in the name of the municipality
A CDC involved in affordable housing or commercial industrial redevelopment approaches municipality to purchase property
Municipality confirms prospective purchaser’s non-profit CDC status
Property sold to CDC without advertising or bidding
Purpose: Makes it easier for non-profit organizations to purchase property owned by a county
Property titled to a county government
Non-profit organization engaged in construction of affordable housing/community industrial or commercial development approaches
municipality to purchase property
County confirms prospective purchaser’s non-profit status and activities
Property sold to non-profit
Purpose: Allows Redevelopment Authorities to become personal representative of deceased person’s estate
Vacant property that is titled in the name of a deceased person
RA that serves the political subdivision where the property is located petitions for Letters of Administration
Probate Clerk, County Register of Wills grants petition
RA may administer estate for limited purpose of transferring title on real estate that is titled in the name of the deceased person only to an
interested party
Purpose: Allows for judge to terminate conservatorship if certain conditions occur
Vacant buildings under court ordered conservatorship (control by 3rd party)
Conservator requests the sale of the property from the court
Owner reimburses conservator
Owner may regain
possession
Owner does not reimburse conservator
Court may approve free and clear sale of property
Proceeds distributed in order specified in statute
Court costs/governmental liens
Conservator costsOwner receives balance after all other costs paid
Encourage private investment in blighted properties
Purpose: Distinguishes new construction code and existing building rehabilitation code
Properties with existing structures
Property developers and Code Official apply codes for existing structures to rehabilitation work
Existing structure undergoes rehabilitation work
Facilitates rehabilitation of existing structures in a safe and economical manner
Eliminates application of construction codes to building rehabs
Purpose: Exempts from real estate taxes the amount of improvements and provides for abatements over a ten year period
Deteriorated properties in designated “deteriorated neighborhood”
Municipality adopts an ordinance setting out terms of abatements
Owner applies for abatement
Owner exempt from real property taxes the assessed valuation of improvements to deteriorated property
Purpose: Allows property owners in a Neighborhood Improvement District (NID) to pool money from a special property assessment for district improvements
Properties with boundaries determined for a NID
Governing body of municipality adopts the NID by resolution or ordinance
Local municipalities, businesses and residents may agree to pool funds to provide services and improvements specifically for their
neighborhood
Municipality should designate a NID management association to manage oversight