By Ezra Eatley, Staff Writer
With the city growing for the first time in decades, why is 15% of Pittsburgh’s housing stock unlivable or unavailable?[1] The answer may be more complicated than you think. There are a number of reasons a property may be vacant but also unavailable in the housing market: the property may have a tangled title, it may have a previous tenant who thought it was foreclosed on but still owns the property, or it may be in such disrepair that it is considered a “blighted” property, one that is slated for demolishing.[2] In some cases, it could also be a mix of these issues, leading to properties that are left to crumble amongst its neighbors as individuals work to determine who is legally responsible for the property.
“Tangled Title” occurs when a property owner passes away without a will, also referred to as dying “intestate.”[3] Under Pennsylvania law, if the property is owned in common, it passes to the surviving person with an interest in the property. Unfortunately, it has often been the case that older homeowners who are the only name on the deed, pass away with no will, leaving a vacant property with no known owner. Under intestacy law, it would pass to their heirs, creating a tangled title in which one person cannot act as the homeowner until other interests have been bought out.[4] The state only gains legal ownership of the property if there are no living kin to the previous owner.[5]
There is also the issue of homeowners leaving a home when they are threatened with a foreclosure that they cannot afford. Rather than the lender completing foreclosure and auctioning off the property, the owner maintains legal responsibility for the property taxes and other costs.[6] Therefore, vacant properties that could be available housing are instead owned by someone who is unaware of their ownership and delinquent on their property taxes, costing the city revenue. The building may also begin to fall apart creating an eyesore and property damage to its neighbors.[7]
Before a blighted home can be demolished, there is a lengthy legal process.[8] First, the city must condemn the structure, meaning that it has been inspected and determined it cannot be safely inhabited.[9] Then, the city takes the owner to court, either to compel them to repair the property–if possible– or demolish it at the owner’s expense.[10] If the owner fails to do either of these things, the city can demolish the property themselves and place a lien on the property for the cost of the demolition.[11] These liens can make it incredibly difficult for someone to sell a property, as the cost would now include the lien, as well as building a new structure, as opposed to the cost of purchasing a home from a foreclosure sale. [12]
The intricacies of property issues stretch into many aspects of life. So, what happens when someone decides they want to try and fix it? In Pittsburgh, several non-profits, neighborhood organizing groups, and a Congressional Representative are working to solve these issues and help get or keep livable properties in the hands of Yinzers. The Hilltop Alliance–a non-profit collaboration of multiple South Hills neighborhoods– provides a property stabilization program that has assisted more than 1,300 residents since 2013.[13] Similarly, Neighborhood Legal Services offers a tangled title program, providing free legal aid to low-income members of the community struggling with property ownership issues.[14] Alternatively, programs like Wills for Heroes help ensure that homeowners have an established will to prevent title issues from occurring.[15] Recently, Congresswoman Summer Lee brought a million dollar grant into Mon Valley through her Community Project Funding requests.[16] This money will allow the borough of North Braddock to fund its own internal demolition unit, helping to address the over 700 blighted properties in the Pittsburgh suburb while providing productive employment for members of the community.[17] Blight may be a foreboding issue for housing in Pittsburgh, but it is one that will hopefully continue to trend towards resolution given the involvement of city government and non-profit organizations.
[1] https://www.publicsource.org/pittsburgh-housing-shortage-population-decline-vacant-homes/
[2] https://nlsa.us/tangled-title-means-you-dont-own-your-home/; https://www.publicsource.org/pittsburgh-housing-shortage-population-decline-vacant-homes/; https://www.publicsource.org/pittsburgh-maps-demolitions-condemned-properties/.
[3] https://pennsylvaniaprobatelawfirm.com/pennsylvania-intestate-succession/
[4] https://nlsa.us/tangled-title-means-you-dont-own-your-home/
[5] https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=20&div=0&chapter=21§ion=3&subsctn=0
[6] https://www.publicsource.org/pittsburgh-housing-shortage-population-decline-vacant-homes/
[7] Id.
[8] https://www.publicsource.org/pittsburgh-maps-demolitions-condemned-properties/
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] https://www.pghhilltopalliance.org/propertystablizationprogram
[14] https://nlsa.us/wp-content/uploads/2023/04/NLS-Tangled-Title-Brochure-Organization_Lawyer-2023-Web.pdf;
[15] https://www.pabar.org/site/For-Public/Wills-for-Heroes
[16] https://www.cbsnews.com/pittsburgh/news/north-braddock-blight-create-jobs/; https://summerlee.house.gov/newsroom/press-releases/rep-summer-lee-presents-over-1-million-federal-investment-to-combat-blight-and-revitalize-north-braddock
[17] Id.