The buyers of Luzerne County property that is not their primary residence now face a $500 fine if they don’t comply with a new state reporting mandate, County Council decided.
Pennsylvania’s Act 29, which took effect Sept. 18, requires real estate buyers to submit contact information to the county Assessment Office so municipalities have a way to reach someone if there are building code violations.
The change does not apply to buyers of owner-occupied residences or to purchases made before Sept. 18. However, municipalities must collect and forward contact information to the county if the owner of a property acquired before Sept. 18 is cited for violating a municipal ordinance or code.
Counties have the option to impose a fine of up to $500 against a property owner or owner’s representative if they intentionally or knowingly provide false or incorrect contact information or fail to update contact changes with the county assessor.
The county administration advocated the maximum fine as a deterrent so property owners would not ignore requirements. The ordinance enacting the fine takes effect 15 days after Tuesday’s adoption, or Oct. 7.
Real estate buyers must submit contact information to assessment offices within 30 days of their purchase.
If the furnished information changes, the property owner or their representative must supply updated contacts to the county assessment office within 30 days.
County assessment offices must maintain the property contact information list.
County Chief Assessor/Assessment Director Kristin Montgomery has posted the contact information form on the department’s section at luzernecounty.org.
Forms are also available at the assessment office and were scheduled to be distributed to title agencies, Realtors, attorneys and the county Recorder of Deeds Office, officials said.
The following contact information is required based on the type of buyer:
• Individual — residential address, phone number, and email address
• Business — business name and address, and the phone number and email address of an owner or employee
• Limited liability company — company name and address, and the phone number and email address of one member or manager with an ownership interest or right in the LLC
In addition, both business and LLC buyers must supply the name, address, phone number, and email address of someone with the authority and ability to repair, maintain, or otherwise remedy a problem or municipal code violation for the property. The form said this same information must be provided for trusts.
The county form requires the property owner or representative to sign as certification acknowledgement of the potential fine if their information is false or outdated.
County assessment offices must share the contact information with a municipality upon request if the municipality “demonstrates a reasonable need and use for the contact information, which shall include a discussion with the real property owner regarding real property maintenance and upkeep,” the state law says.
Municipal access requests must include an affirmation that the information will not be used for commercial purposes or purposes other than those made in the request.
Harry Haas was the lone County Council member to vote against the fine. Haas said Wednesday he wants to target blight but has reservations about state mandates that place more burden on county government.