Under new state legislation that takes effect on Sept. 18, buyers of property in Luzerne County must 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.
The legislation, Act 29, was intended to make it easier for municipalities to address blight.
County Council is set to discuss the new requirements at Tuesday’s meeting because the legislation gives counties 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 is proposing a $500 fine, according to an ordinance up for introduction and discussion on Tuesday. A public hearing and majority approval would be necessary at a future meeting for ordinance passage.
County Manager Romilda Crocamo said county Chief Assessor/Assessment Director Kristin Montgomery is developing informational material on the new requirement and forms that will be available at the assessment office, online, and distributed to title agencies, Realtors, attorneys, and the county Recorder of Deeds Office.
According to Act 29:
County assessment offices must establish and maintain the property contact information list.
Property buyers must submit contact information to assessment offices in the format designated by the county within 30 days of their purchase — again stressing owner-occupied residences are exempt from the requirement.
The legislation does not apply retroactively, which means contact information will only be collected for property sold on Sept. 18 and going forward. However, municipalities must collect contact information and relay it to the county for addition to the list if a property owner is cited for violating a municipal ordinance or code.
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 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 “who has the authority and ability to repair, maintain, or otherwise remedy a problem or municipal code violation” for the property.
If the furnished contact information changes, the property owner or their representative must supply the county assessment office with updated information within 30 days.
Those failing to report changes may be subject to a fine.
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.”
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.
The legislation notes that participants in the state Address Confidentiality Program may not be required to provide their actual address or have it disclosed. This program is managed by the Pennsylvania Office of Victim Advocate and gives eligible sexual assault, domestic violence, and stalking victims a legal substitute address to use for public records and mail forwarding.
Tuesday’s County Council meeting starts at 6 p.m. in the county courthouse on River Street in Wilkes-Barre. Instructions for the remote attendance option will be posted in the council’s online public meeting section at luzernecounty.org.
In a similar effort targeting blight, the state has been requiring increased identification reporting requirements for buyers of delinquent tax properties since 2021.
Those interested in buying property in tax auctions must register in advance, so municipalities have time to research whether prospective buyers have code violations.
Companies must also provide additional information to ensure the identity of involved parties is known, including disclosure of the names, business addresses, and phone numbers of all company officers and all members, managers, and individuals with an ownership interest or right in LLCs.
For business bidders, the form discloses that a purchase will be voided if it requires a fictitious name registration that has not been filed with the state.
Good-standing certificates from the previous 90 days must be submitted by LLC, corporate, and partnership bidders.
LLCs must provide a copy of their operating agreement. Corporations have to provide a copy of their bylaws, and a partnership agreement is mandated for partnerships, according to the forms posted by Elite Revenue Solutions LLC, the county’s tax claim operator.