Pennsylvania’s Abandoned and Blighted Property Conservatorship Act

Effective February 24, 2009, the Pennsylvania Abandoned and Blighted Property Conservatorship Act ("the Act") "[p]rovides for court-appointed conservators to bring residential, commercial and industrial buildings into municipal code compliance when owners fail to comply."

 

The owner, a lien-holder or other secured creditor, a non-profit organization, a redevelopment authority, a school district, a municipality, any tenant, and residents and business owners within 500 feet of the building are all permitted to petition the county court of common pleas for appointment of a conservator under the Act. However, a property owner who opposes the petition for conservatorship must request permission from the court to intervene in the proceedings. It is important for joint property owners to understand that owners with differing goals for their ownership of the building may have their property subject to court ordered conservatorship without their consent.

 

The Act permits the court-ordered conservator to collect receivables, pursue any and all legal claims associated with the property, contract for repairs to the building, incur debt, enter into leases, secure insurance coverage, engage and pay legal and other professionals, consult with historical societies and commissions, exercise all the authority of an owner of the building, and sell the building in accordance with the Act. The Act provides that the court will give first consideration for appointment as conservator to the senior lienholder on the property.

 

Mr. Jonas is the co-chair of Eastburn and Gray's real estate land use department. Eastburn and Gray real estate and land use lawyers provide quality legal services in Montgomery County and Bucks County, PA.  For more information and assistance with the Pennsylvania Abandoned and Blighted Property Conservatorship Act, please contact Marc at 215.345.7000 x293.

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