The Abandoned and Blighted Property Conservatorship Act explained

The Abandoned and Blighted Property Conservatorship Act (Act 135) is a Pennsylvania law that enables nonprofits and individuals to petition a court to be appointed “conservators” of properties they allege to be blighted and abandoned.

Background on Act 135

The Pennsylvania legislature passed Act 135 in 2008. The act established property conservatorship as a mechanism to address blight.[1] The act was designed to provide community members with standing to petition for the right to rehabilitate and take ownership of abandoned properties.

2014 Amendment

Pennsylvania legislators amended the legislation in October 2014.[2] Representative John Taylorintroduced the amendments, arguing that they would make conservatorship more attractive to private developers.

Provisions

Under the law, in order for the court to appoint a conservator, the petitioner must show that all of the following apply as of the date of filing:

Unintended consequences

A study carried out by the Advocacy for Racial and Civil Justice Clinic at the University of Pennsylvania's school of law found that Act 135 petitions were "disproportionately filed in communities vulnerable to gentrification" and "disproportionately filed against Asian-American ... and to a lesser degree Black respondents."[1]

A series of articles appearing in the Philadelphia Inquirer described how people at risk of displacement in challenging circumstances had lost their houses to conservatorships.[3] [4] [5]

Notes and References

  1. Margo Hu, Phillip Moore, Thomas Munson, Ally Johnson & Juan Madrigal Garcia, Cara McClellan, Noah Budnitz, Elizabeth Shackney . 2024. Impact of the Abandoned and Blighted Property Conservatorship Act (ACT 135) on Vulnerable Homeowners in Philadelphia .
  2. October 22, 2014. ABANDONED AND BLIGHTED PROPERTY CONSERVATORSHIP ACT - INITIATION OF ACTION, APPOINTMENT OF CONSERVATOR, POWERS AND DUTIES OF CONSERVATOR, INCURRING INDEBTEDNESS AND SALE OF PROPERTY.
  3. News: Melamed. Samantha . March 22, 2024. Philadelphia's blight-busting business is under scrutiny at City Council. Philadelphia Inquirer.
  4. News: Melamed. Samantha . November 21, 2023. A law meant to bust blight puts Black and Asian American property owners at risk, report warns. Philadelphia Inquirer .
  5. News: Melamed. Samantha . December 27, 2023. Why a Fishtown nonprofit is trying to seize a family's home. Philadelphia Inquirer.