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Pennsylvania offers property tax/rent rebate program for seniors
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Upper Chichester meeting for Realtors®
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A thousand new homes are planned next to Graffiti Pier
A trend is emerging among some municipal code inspectors in the Philadelphia suburbs — they're asking home buyers to sign away their rights.
Per state law, buyers have at least 12 months to make repairs cited in a use-and-occupancy inspection. But Downingtown Borough, for example, has a “U&O Waiver Form” on its website in which buyers agree that, "I will make all repairs [within] 30 days of the closing of the sale.” These 30-day affidavits are popping up in municipalities across the region.
Considering the power these municipalities hold and what's at stake — a new home — buyers and agents may be inclined to sign the form to keep transactions on track.
But the bottom line is that these towns and boroughs cannot force the buyers to sign, and they cannot withhold a U&O certificate as leverage. The Alliance has been addressing these situations on a case-by-case basis while working toward setting a legal precedent that would force these municipalities to obey the spirit of the law, not just the letter.
If your clients are being asked to sign such an affidavit, please contact the Suburban Realtors® Alliance.
As our members may be aware, the SRA has met several times with Bristol Township staff and council members to ensure that the new inspection requirements are compliant with PA Act 133 of 2016. The act sets forth procedures that must be followed by municipalities that require property maintenance and other code inspections upon the sale of a residential property.
Please contact the SRA if any of the following apply:
The reference sheet below answers a few questions about the Delaware County Reassessment Project, and provides links to other resources like a sample of the questionnaire property owners may receive in the mail.
Click the image below to view the PDF file.
In 2014, William Penn School District in Delaware County joined with other districts, associations and parents to file William Penn School District et al. v. Pennsylvania Department of Education et al. They argue that the state is failing in its constitutional duty to provide adequate public education and is discriminating against students based on geography.
In fact, Pennsylvania does have a reputation for unfair education funding. In 2015, a Washington Post analysis declared, “Pa. schools are the nation’s most inequitable.” In 2016, the General Assembly tried to address the problem by enacting a new Fair Funding Formula, which was designed to equitably distribute Basic Education Funding to all districts in the state by taking into account factors like the poverty level, number of non-English speakers and charter schools.
However, only money added since the Fair Funding Formula was put into place is distributed through it. In the 2018-2019 school year, that’s $539 million out of $6.1 billion — less than 9 percent.
What would happen if all of the $6.1 billion was put through the Fair Funding Formula?
William Penn would receive an additional $2.92 million dollars, about $530 more for each of its roughly 5,500 students, according to a 2018 report by the House Appropriations Committee.
In Delaware County, 12 of the 15 districts would receive more money. Upper Darby would receive an additional $16.2 million per year over its current state allocation of $38.6 million.
In Chester County, 7 of the 12 districts would see a boost. Phoenixville Area School District would receive an additional $2.7 million per year over its current state allocation of $4.9 million.
In Bucks County, 6 out of 13 counties would receive more money. In the 2018-2019 school year, Bensalem Township School District would receive an additional $6.8 million per year over its current allocation of $12.8 million.
In Montgomery County, 18 out of 22 school districts would receive more money. In the 2018-2019 school year, Pottstown School District would receive an additional $13 million per year — more than doubling its current allocation of $11.5 million.
The corresponding losses would be felt by districts who are benefiting from a “hold-harmless” provision that allows them to maintain previous funding levels despite falling enrollment.
State funding is important for districts like those listed above, where a low tax base means raising tax rates wouldn’t yield much increased revenue. The lawsuit is expected to go to trial in 2020, and it could result in major changes in state education funding.
Read more about Pennsylvania public education funding at www.suburbanrealtorsalliance.com/schools