(a) Notice of conversion.--The
declarant of every condominium containing one or more conversion buildings
shall give each of the residential tenants and residential subtenants, if
any, lawfully in possession of a unit or units in a conversion building
or buildings, a conversion notice no later than one year before the declarant
will require such residential tenant and residential subtenant to vacate.
The conversion notice must set forth generally the rights of residential
tenants and residential subtenants under this section and shall be hand
delivered to the unit or mailed by prepaid United States certified or registered
mail return receipt requested to the residential tenant and residential
subtenant at the address of the unit and not more than one other mailing
address provided by a residential tenant. Every notice shall be accompanied
by a public offering statement concerning the proposed sale of condominium
units within such building or buildings. Except as otherwise provided in
subsection (f), no residential tenant or residential subtenant in a conversion
building may be required by the declarant to vacate the unit he leases earlier
than one year after the conversion notice date, except by reason of nonpayment
of rent, waste or conduct that disturbs other tenants' peaceful enjoyment
of the premises and the terms of the tenancy, including those terms that
apply to a period occurring in whole or in part after the conversion notice
date, may not be altered, but may be enforced, during that period. Failure
of a declarant to give notice to a residential tenant or residential subtenant
entitled to such notice pursuant to this subsection is a defense to an action
for possession against such residential tenant or residential subtenant.
(b) Offer to tenant
to purchase unit.--For six months after the conversion notice date, the
declarant shall offer to convey each unit or proposed unit occupied for
residential use in a conversion building to the tenant who leases that unit.
If the tenant fails to purchase his unit during that six-month period, the
declarant may not offer to dispose of an interest in that unit during the
following six months at a price or on terms more favorable to the offeree
than the price or terms offered to the tenant. This subsection shall not
apply to any rental unit which immediately prior to the conversion notice
date was restricted or devoted exclusively to nonresidential use or the
boundaries of which unit, after the creation of the condominium, will not
substantially conform to the boundaries of such unit on the conversion notice
date.
(c) Effect of wrongful
conveyance.--If a declarant, in violation of subsection (b), conveys a unit
to a purchaser for value who has no knowledge of the violation, recordation
of the deed conveying the unit extinguishes any right a tenant may have
under subsection (b) to purchase that unit if the deed states that the seller
has complied with subsection (b) but does not affect the right of a tenant
to recover damages from the declarant for a violation of subsection (b).
(d) Notice to vacate.--If
a conversion notice specifies a date by which a unit or proposed unit must
be vacated, the conversion notice also constitutes a notice of termination
of the tenant's lease, subject to revocation in accordance with subsection
(i), and a notice to quit specified by section 501 of the act of April 6,
1951 (P.L. 69, No. 20), known as The Landlord and Tenant Act of 1951.
(e) Improper lease
termination prohibited.--
(1) Nothing in this
section permits termination of a lease by a declarant in violation of its
terms.
(2) Nothing in this
section or in any lease shall prohibit a residential tenant, after receiving
notice pursuant to subsection (a), from terminating any lease without any
liability for such termination provided such tenant gives the building owner
90 days' written notice of the intent to terminate the lease.
(3) The declarant
or owner of any proposed conversion condominium shall not engage in any
activity of any nature which would coerce the tenant into terminating any
lease, including but not limited to stampeding, harassing tenants or withholding
normal services or repairs.
(f) Units leased
to senior citizens and disabled persons.--
(1) For the purpose
of this subsection, an eligible tenant or subtenant shall be a natural person
who, on the conversion notice date, lawfully occupies a unit in a conversion
building as his principal residence and is 62 years of age or older or is
disabled, and has occupied the unit for at least two years. For the purpose
of this subsection, a person shall be deemed to be "disabled"
if on the conversion notice date he is totally and permanently unable to
engage in any substantial gainful activity by reason of any medically determinable
physical or mental impediment, including, but not limited to, blindness.
(2) Within 60 days
after the conversion notice date, any tenant, or subtenant, in possession
of a unit, who believes that he is an eligible tenant or subtenant shall
so notify the declarant and shall provide the declarant with proof of his
eligibility. Any eligible tenant or subtenant who has established his eligibility
as aforesaid shall be entitled to remain in possession of his unit for two
years following the conversion notice date, notwithstanding any prior termination
date in his lease, except by reason of nonpayment of rent, waste or conduct
that disturbs other occupants' peaceful enjoyment of the condominium, and
the terms of the tenancy, including terms that apply to a time period after
the conversion notice date, may not be altered, but may be enforced, during
the time period between the original lease termination date and the expiration
of this two-year period except as is otherwise provided in paragraph (3).
(3) The monthly rental
payable by the tenant during the time period commencing upon the later to
occur of the original lease termination date or the first anniversary of
the conversion notice date and ending upon the expiration of the two-year
period described in paragraph (2) shall be the same monthly rental as was
payable for the month immediately preceding the original lease termination
date, except that, at the landlord's option, such monthly rental may be
increased by the lesser of 5% of such monthly rental or the same percentage
increase as the percentage increase, if any, in the Consumer Price Index
as calculated and published by the United States Department of Labor for
the six-month time period commencing on the first day of the first full
calendar month after the conversion notice date.
(4) Failure of a
declarant to comply with the provisions of this subsection is a defense
to an action for possession.
(g) Tenant meetings;
open to the public.--With respect to any conversion building containing
one or more units then occupied for residential use, at least 30 days before
the conversion notice date, the declarant shall hold a tenant meeting open
to the public in the municipality where the proposed conversion building
is located at a place and time convenient to the persons who may be directly
affected by the conversion. At least ten days' notice of the time and place
of the meeting shall be given to residential tenants and subtenants in lawful
possession of their units in the same manner as is required for the giving
of the conversion notice and to the general public by a notice in a newspaper
of general circulation in the municipality in which the condominium is located,
except that no notice to the general public need be given with respect to
conversion buildings as to which the provisions of section 3402(b) (relating
to public offering statement; general provisions) are applicable. At such
meeting, representatives of the declarant shall briefly describe the following
and may, but shall not be required to, discuss other matters:
(1) The rights and
obligations of tenants and subtenants pursuant to this section.
(2) Improvements,
if any, then planned to be made to the condominium by the declarant.
(3) The anticipated
approximate range of initial unit sales prices. Specific unit sales prices
need not, however, be provided.
(4) The anticipated
approximate range of estimated monthly common expenses for various types
of units, however, specific per unit estimates need not be provided.
(h) Community development
grants.--If Federal funds under Title I of the Community Development Act
of 1974 have been used to finance the rehabilitation of multifamily rental
housing, with the intent that such housing subsequent to the rehabilitation
is to be used for residential rental purposes, such housing shall not be
converted to a condominium for a period of ten years from the date the rehabilitation
is completed.
(i) Revocation.--A
declarant may subsequently revoke a conversion notice if the declarant has
expressly reserved the right of revocation in the conversion notice and
if the notice of revocation:
(1) is given prior
to the conveyance of any unit in the condominium occurring after the conversion
notice date other than a unit or units conveyed to a successor declarant
or as a result of foreclosure of a mortgage on the unit or a deed in lieu
thereof;
(2) is given in the
same manner as is required for the giving of the conversion notice; and
(3) is given to all
persons who were entitled to receive the conversion notice and who continue
to be in lawful occupancy at the time such notice of revocation is given.
The giving of a notice of revocation revokes all rights granted under this
section, but does not revoke the rights granted to residential tenants under
subsection (a) or (f), and such rights shall be deemed to have been incorporated
in each residential tenant's lease.
(j) Waiver of purchase
rights.--Notwithstanding any provisions of this subpart prohibiting waiver
of rights, any tenant may waive his right to purchase a unit pursuant to
subsection (b) if the waiver is in writing, is acknowledged and is given
in consideration of:
(1) an extension
of the term of the tenant's tenancy and right of occupancy under this subpart
beyond the time period required by subsection (a) or (f) as applicable;
(2) the tenant entering
into an agreement to purchase another unit in the condominium; or
(3) all occupants
of the unit making alternative living arrangements.
(k) Alteration of
terms of tenancy.--Notwithstanding any provisions of subsection (a) or (f),
the terms of the tenancy of a tenant or subtenant may be altered with the
express written consent of that tenant or subtenant, and such altered terms
shall then be the terms of tenancy referred to in this section.
(l) Application of
section.--The provisions of this section shall apply only with respect to
conversion buildings in which one or more residential tenants or residential
subtenants are in lawful occupancy on the conversion notice date and the
only tenants who are entitled to exercise the rights granted under this
section are residential tenants or residential subtenants:
(1) who are in lawful
occupancy of conversion building on the date the declarant gives the conversion
notice; or
(2) who commence
their tenancy after the notice of conversion is given to the other residential
tenants without having been notified in writing, at or prior to the commencement
of their tenancy, that the property is then a condominium and that they
are not entitled to the rights granted under this section.
Such rights continue only so long as the lawful occupancy of the tenant
or subtenant continues.
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