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NEPA Landlord Tenant Homeowner Association Blog

 

 
 

Commentary on issues regarding property rights, this blog relays information on events past, present, and into the future in Northeast PA (USA). While facts are presented, an opinion may be thrown in the mix to make things more interesting. Corrections are welcomed by using the comments -  as long as we see documents to back it up.

As far as the comment part of this blog, we appreciated hearing from people literally all over the world! We generally don't publish the comments though because this is a local blog. Even so, comments published are rare unless they add to the story or a correction is needed and information sent was confirmed. Glad you're enjoying it though! We STILL have some freedoms here and intend to exercise them at will!




Pittston: Three strikes on who?

Ordinance no. 4, Section 6 (b): “The failure to prosecute an individual, or the fact no one has been convicted of a crime is NOT a defense to a chronic nuisance action”.

Breaker Boys

1911: South Pittston History

While applying for the “Rental Occupancy Permit”, landlords are ordered to place the 3-strike clause in the tenant’s lease…well, not really – Pittston says that part was removed from the application…but didn’t post the new application, yet…but if you didn’t send the “not-to-be-used” application in by now, you already received the second notice to comply. Hey Pittston – is the pdf software guy on vacation? Click HERE for the new one above the invalid application courtesy of NEPALTA.

 

 It is notable that government is dictating contracts terms between two parties in a business transaction. But they, unlike Forty-Fort, have backed out. It would be much better for a landlord while sued by a tenant to have proof of involuntary servitude. One has to keep in mind that children most likely are involved and they have quite an adjustment from one school to another, new friends, etc…. and lawyers are hungry IF they can get there before the ACLU (hello Wilkes-Barre).

 

 The (3) Three Strikes clause IS A MISNOMER

 

Chronic Nuisance Properties (Guide on how to get rid of neighbors) 

 

Ordinance No. 4, in place since July 16, 2008, is Pittston’s version of the Chronic Nuisance Properties issue that most municipalities have in place. Please do note that this ordinance is for ALL properties, not just those owned by landlords…and you thought it was only about getting rid of slumlords! 

 

What constitutes being labeled chronic nuisance property?

If the owner/occupants are “accused of” at or near (define?) the property:

Stalking, harassment, failure to disperse, disorderly conduct, assault, domestic violence crimes, reckless, endangerment, prostitution/patronizing a prostitute, public disturbance noises, lewd conduct, firearms/weapons violations, drug related loitering, any drug activity, any dangerous animal violations and finally, the catch all: (drum roll) “Any nuisance as defined by state law or local ordinance occurring on or around, or near the property such as unauthorized and junk vehicles, barking dog, cutting grass, shoveling snow too early in the morning,  fire code, health and sanitation.” – let’s cut to the chase…complaints from a neighbor who doesn't like you.

 

It makes no difference if the person had a trial! After three or more occurrences (within 60 days), the Chief of Police “MAY” review (or not) the documentation of nuisances before the property owner is warned in writing that the property is about to be declared a “chronic nuisance property”. If the property owner responds as needed (kick out the tenant, divorce the significant whatever, no more Sunday football, etc), the matter settles down, though you’ll be watched. If another nuisance occurs (no time time limit) – the city may declare your house a “Chronic Nuisance Property” and the Commencement of Action is Ejectment (recover the possession of the land).

 

 Again note: From Ordinance no. 4, Section 6 (b): “The failure to prosecute an individual, or the fact no one has been convicted of a crime is NOT a defense to a chronic nuisance action”. 

 All they need are complaints - whether or not you're guilty, it makes no difference according to the ordinance. Due process of law? Please enlighten us in the comment part of this.

Recap:

1. This is a two strikes ordinance for the HOME owner, NOT the tenant. In Forty-Fort's ordinance, §11-202. Compilation of Three Strikes it clearly states "tenant has reached three strikes."    

 

2. Once declared a Chronic Nuisance Property, even if you remedy the situation, the next nuisance call to the police (no time frame set) may commence the ejectment process. The ordinance states 3 occurrences in two months starts the process. Working out a remedy (i.e. kicking out a tenant) only puts the enforcement on hold.

Forty-Fort's ordinance is as follows:

§11-204. Length of Time for a Strike  

 

A strike, regardless of how obtained, will remain on record on the “three strikes and you’re out list” for 5 years. Each strike will be documented with a date and after 5 years, "a" strike will be removed from the record. Ord. 2007-9, 12/3/2007, §4

 (Question for Forty-Fort...if the tenant with two strikes moves into another apartment, do the strikes follow the tenant or does it stay with the landlord?)

 Back to Pittston:

 3. If you have neighbors that you don’t like, now you know how the process works.

4. Tenants may use the nuisance ordinance on homeowners as well…just sayin homeowners…wake up!

 

 

Fun Facts About Pittston, PA


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