Most vacant-property enforcement ends in a fine or a municipal lien. Pennsylvania's Act 135 ends in someone else holding the keys. It lets a court of common pleas appoint a conservator who takes possession of an abandoned, blighted building, rehabilitates it at the owner's expense, and — if the owner does not pay the bill — sells it. The petition does not have to come from the city: a resident living within 2,000 feet can file one. Everything below comes from the enacted statute as amended.
What the Act Is
The Abandoned and Blighted Property Conservatorship Act is the Act of November 26, 2008, P.L. 1672, No. 135. It has been amended twice in ways that matter: Act 157 of October 22, 2014 rewrote large parts of the petition and appointment provisions, and Act 126 of November 3, 2022 amended the definition of party in interest. Anything written about Act 135 before 2015 should be read against the current text, including the once-common claim that a petition may only cover one building.
The proceeding is an action in rem filed in the county where the building sits. It runs against the property, not the owner personally. Under Section 4(e) a single petition may now include one or more adjacent properties where the primary property and the adjacent ones share an owner and are or were used for a single or interrelated function — which is how a multi-building industrial parcel gets handled in one action.
Who Can Petition
Only a party in interest, but the statute defines that term broadly. This is the provision owners most often misjudge, because it means enforcement is not gated on the municipality deciding to act.
- The owner
- A lienholder or other secured creditor of the owner
- A resident or business owner within 2,000 feet of the building
- A qualifying nonprofit corporation, including a redevelopment authority, located in the municipality — for a city of the first class, located in the city and having participated in a project within a five-mile radius
- The municipality or school district in which the building is located
- A land bank as defined under 68 Pa.C.S. § 2103
The Four Conditions That Must All Be Met
Section 5(d) is the heart of the statute, and it is routinely summarised wrongly. The court may appoint a conservator only if all four of the conditions below apply as of the filing date, and only if it additionally finds at least three of the nine blight conditions in the next section. Four plus three — not one or the other.
| Section | Condition | How an owner defeats it |
|---|---|---|
| 5(d)(1) | Not legally occupied for at least the previous 12 months | Lawful occupancy inside the 12-month window |
| 5(d)(2) | Owner fails to show active marketing in the preceding 60 days at a price reflecting market conditions | A for-sale sign with accurate contact details plus an MLS listing, weekly advertising, or distributed printed advertising |
| 5(d)(3) | Property is not subject to a pending foreclosure by an individual or nongovernmental entity | A live private foreclosure action |
| 5(d)(4) | Owner fails to show acquisition within the preceding six months | A recent arm's-length acquisition — transfers from immediate family, or between entities where either side holds over 5%, do not count |
Condition 5(d)(2) is the one a servicer or asset manager can actually control. The statute defines actively marketed precisely: a for-sale sign bearing accurate contact information, plus at least one of engaging a licensed real estate broker to list or market the property, placing weekly or more frequent advertisements, or distributing printed advertisements. A sign alone does not satisfy it, and a listing that lapsed two months ago does not either.
The Nine Blight Conditions — Three Are Enough
Beyond the four threshold tests, Section 5(d)(5) requires the court to find at least three of the following. In practice a genuinely neglected building hits three without difficulty, which is why the threshold tests above are where cases are usually won or lost.
- The building or physical structure is a public nuisance
- The building needs substantial rehabilitation and none has taken place in the previous 12 months
- The building is unfit for human habitation, occupancy or use
- The condition and vacancy materially increase the risk of fire to the building and adjacent properties
- The building is subject to unauthorized entry leading to health and safety hazards, and either the owner failed to secure it or the municipality had to
- The property is an attractive nuisance to children — abandoned wells, shafts, basements, excavations, unsafe structures
- Vermin, accumulated debris, uncut vegetation or physical deterioration has created health and safety hazards and the owner failed to remove them
- The dilapidated appearance or condition negatively affects the economic well-being of nearby residents and businesses, and the owner failed to remedy it
- The property is an attractive nuisance for illicit purposes, including prostitution, drug use and vagrancy
Two of those nine — unauthorized entry after a failure to secure, and vermin, debris or uncut vegetation left in place — are ordinary maintenance failures. A building on a securing and grounds cycle with a dated photo record does not generate them, and a petitioner has to find its three findings elsewhere. Substantial rehabilitation has its own definition: repairs exceeding 15% of the property's post-completion value, or the replacement of more than one major building component among roof structures, ceilings, wall or floor structures, foundations, plumbing, heating and air conditioning, and electrical systems.
What the Petition Must Contain, and How Fast It Moves
Under Section 4(b) the petition carries a sworn statement that the property meets the Section 5(d) conditions, plus — to the extent available after reasonable efforts — a copy of any citation charging the owner with a code violation or declaring the building a public nuisance, a recommendation for who should be appointed, a preliminary rehabilitation plan with initial cost estimates and anticipated funding sources, and a schedule of mortgages, liens and other encumbrances. The petitioner files a notice of lis pendens with the recorder of deeds, and notifies the owner, every political subdivision, known municipal authorities and all lienholders by registered or certified mail and by posting the notice on the building.
The clock is short. Section 5(a) requires the court to hold a hearing within 60 days of receiving the petition and to decide no later than 30 days after the hearing closes. An out-of-state owner who treats the posted notice as junk mail can lose possession inside a single quarter.
Who Gets Appointed, and What They Can Do
The court gives first consideration to the most senior nongovernmental lienholder. If that lienholder is not competent or declines, the court may appoint a nonprofit corporation or other competent entity, giving preference to a nonprofit or governmental unit over an individual. For a property in a city of the first class — Philadelphia — the nonprofit must be located in the city and must have participated in a project within five miles of the building.
Once appointed, the conservator takes possession and control of the building, the appurtenant land, and the owner's personal property and operating accounts used with the building. It can collect receivables, pursue the owner's claims, contract for repairs, borrow against the property, restore utilities, enter leases of up to one year with court approval, engage professionals, apply for grants, and sell the building. Contracts over $25,000 require a reasonable effort to solicit three bids, except where the contractor or developer is financing the work.
The conservator is also paid. The conservator's or developer's fee is the greatest of $2,500 adjusted upward by 2% each year, a 20% markup on the costs and expenses of construction, stabilization, rehabilitation, maintenance and operation or demolition, or 20% of the sale price. That is on top of the rehabilitation costs themselves, environmental remediation, architectural, engineering and legal fees, permits and financing fees — all of which become obligations of the property.
How It Ends
Section 10 allows termination when the grounds for the petition and all other code violations have been abated and every obligation of the conservatorship, including the conservator's fees and expenses, has been paid or provided for. An owner, mortgagee or lienholder can also request termination by giving the court adequate assurances that the conditions will be promptly abated and by paying or providing for the full cost. Otherwise it ends with the conservator selling the building under Section 9 and distributing the proceeds — or with the court winding up a conservatorship whose purposes cannot be fulfilled.
There is one off-ramp before any of that. Under Section 5(f), where the court finds the conditions proven but the owner represents that they will be abated in a reasonable period, the court may let the owner proceed to remedy them, entering an order that grants the petition automatically if the work is not done by a date certain. That is the practical reason to act on a Pennsylvania building the moment a petition is served rather than after the hearing.
What This Means for an Owner or Servicer
- Twelve months of lawful vacancy is the trigger — track it per building, not per portfolio
- Active marketing is a defined evidentiary standard, not a posture; keep the listing live and the advertising documented
- A neighbor within 2,000 feet can start this; do not assume no city enforcement means no exposure
- Securing and grounds maintenance with dated photographs removes two of the nine blight findings outright
- A posted notice on the building is valid service — vacant buildings in Pennsylvania need someone physically checking them
- Hearing within 60 days, decision within 30 more: respond on receipt, not on the hearing date
Ethreon maintains vacant residential, commercial and industrial buildings across Pennsylvania — Philadelphia, Pittsburgh, Harrisburg, Scranton, Allentown and Erie — on the securing, grounds and inspection cycle that keeps a building off a conservatorship petition in the first place. See vacant property maintenance, the Pittsburgh vacant building ordinance and the Philadelphia vacant property licence, or request coverage.
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Frequently Asked Questions
1What is Act 135 in Pennsylvania?
Act 135 of 2008 is the Abandoned and Blighted Property Conservatorship Act. It lets a party in interest petition a court of common pleas to appoint a conservator who takes possession of an abandoned, blighted residential, commercial or industrial building and rehabilitates it. The costs become a lien on the property, and the conservator can ultimately sell it.
2How long must a building be vacant before an Act 135 petition can be filed?
At least 12 months. Section 5(d)(1) requires that the building has not been legally occupied for at least the previous 12 months as of the date the petition is filed. That is only the first of four conditions, all of which must be met.
3Can an owner stop an Act 135 conservatorship?
Yes, in several ways. Active marketing during the preceding 60 days defeats the petition under Section 5(d)(2); a pending foreclosure by a private party defeats it under 5(d)(3); and acquiring the property within the preceding six months defeats it under 5(d)(4), subject to anti-evasion rules on family and affiliate transfers. Even after the conditions are proven, Section 5(f) lets the court give the owner a chance to abate the conditions instead of appointing a conservator.
4Who can file an Act 135 petition?
A party in interest. The statute defines that to include the owner, a lienholder or other secured creditor, a resident or business owner within 2,000 feet of the building, a qualifying nonprofit corporation including a redevelopment authority, the municipality or school district where the building is located, and a land bank. A neighbor two thousand feet away has standing; this is not limited to the city.
5Does Act 135 apply to commercial and industrial buildings?
Yes. The act applies to residential, commercial and industrial buildings, and the 2014 amendment extended the definition of building to include a vacant lot on which a building has been demolished. It is not a residential-only statute.
6What does a conservator cost the owner?
The conservator is entitled to a conservator's or developer's fee equal to the greatest of $2,500 adjusted upward by 2% each year, a 20% markup on the costs and expenses of the work, or 20% of the sale price. That sits on top of the actual rehabilitation costs, legal and professional fees, and financing costs, all of which attach to the property.