THE BLIGHTED AND ABANDONED PROPERTY CONSERVATORSHIP ACT
The Blighted and Abandoned Property Conservatorship Act 135 of 2008 was passed November 26th 2008 and went into effect February 24th 2009. The act creates a process to remediate properties that have been neglected by a private owner. PCDC has successfully acted as the petitioner and conservator for many Philadelphia properties that were likely to continue to deteriorate were it not for the conservatorship act.
A brief overview of the process:
A neglected property is identified by a party in interest - which may be a neighbor, a lien holder, or a non-profit organization. A petitioner files a petition with the Court of Common Pleas to initiate a conservatorship action and recommend a conservator to remediate the property, notifying the property owner of the filing, hearing date, and remediation plan for the property. A conservator is a third party with the competency to take possession of the property and provide the necessary rehabilitation and management.
The property must meet certain conditions for conservatorship:
- not legally occupied for 12 months
- not marketed for 60 days
- no foreclosure action pending
- current owner has held the property for longer than 6 months
and the property must meet a minimum of 3 of the following conditions:
- is a public nuisance
- needs substantial rehabilitation
- is unfit for occupancy
- increases risk of fire
- is subject to unauthorized entry
- is an attractive nuisance to children
- creates health or safety risk due to presence of vermin, accumulation of debris, or deterioration of the structure
- its dilapidated appearance negatively affects the economic well-being of surrounding residents and businesses
- is an attractive nuisance for illicit purposes
The act authorizes the Court of Common Pleas to appoint a conservator, approve a rehabilitation plan, and ensure the plan is properly implemented.