218 A.3d 995
Pa. Commw. Ct.2019Background
- Craig Hansford co-owned 41 E. Wyoming St., Allentown, since ~2007–2008 (survived by right of survivorship after his mother died in 2014).
- Hansford was arrested on May 22, 2017 and remained incarcerated when the tax sale occurred.
- Lehigh County held an upset tax sale on September 20, 2017; Hyoungjoon Park purchased the property.
- Bureau records showed tax bills mailed to a different mailing address (a postal unit), not the property; Bureau did not seek a court waiver of personal service.
- Hansford filed a petition (Dec. 22, 2017) to set aside the sale claiming he was an "owner occupant" entitled to personal service under the Real Estate Tax Sale Law (RETSL).
- Trial court denied the petition; Commonwealth Court reversed, holding Hansford was an owner-occupant and the sale was invalid for lack of required personal service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hansford was an "owner occupant" under RETSL §102 at the time of sale | Hansford remained an owner occupant despite temporary incarceration and thus was entitled to personal service of notice | Bureau relied on its tax records showing mailing address different from the property and argued Hansford was not an owner occupant | Court held incarceration did not negate owner-occupant status where owner normally resides at the property; Hansford is an owner occupant under RETSL |
| Whether sale complied with RETSL §601(a)(3) personal-service requirement | Because Hansford was an owner occupant and Bureau did not personally serve him or petition for a waiver, the sale was invalid | Bureau argued its records showed no owner occupant and it had no duty to personally serve; also pointed to lack of evidence Hansford updated assessor records | Held sale invalid: RETSL requires personal service on owner-occupied property absent a court-waiver; Bureau failed to satisfy that requirement |
Key Cases Cited
- Famageltto v. Cty. of Erie Tax Claim Bureau, 133 A.3d 337 (Pa. Cmwlth. 2016) (explaining RETSL protects owner-occupants with heightened notice requirements)
- McKelvey v. Westmoreland Cty. Tax Claim Bureau, 983 A.2d 1271 (Pa. Cmwlth. 2009) (personal service requirement is mandatory for owner-occupied property; lack of personal service renders sale invalid absent waiver)
- Clemmer v. Fayette Cty. Tax Claim Bureau, 176 A.3d 417 (Pa. Cmwlth. 2017) (focus on tax claim bureau’s conduct in evaluating statutory notice compliance)
- Hawkins v. Pennsylvania Housing Finance Agency, 595 A.2d 712 (Pa. Cmwlth. 1991) (incarceration treated as residence for eligibility purposes under a different statutory scheme; court distinguished Hawkins here)