Accordingly, since plaintiff's supplemental notice will remedy the existing defects in its original notice under the circumstances of this case, we find that plaintiff's marketing program substantially complies with § 9-1204.
§ 9-1204. Unfair Conversion Practices.
(1) It shall be unlawful for any owner, landlord, agent or other person operating or managing a multiple occupancy dwelling to convert said premises to a condominium, or to terminate a lease with a tenant or to make, alter, amend or modify any term or condition of any existing lease or arrangement of tenancy with a tenant for the purpose of converting the said premises to a condominium, unless
(a) the tenant has been notified in writing by Certified mail, return receipt requested, of the owner's intention to convert to a condominium by a date certain specified therein, which notice shall be delivered one year prior to the date of the scheduled conversion.
(b) the notice of intention to convert contains a statement informing the tenant then in possession of his or her exclusive right to purchase their unit at a specified price during the first 6 months of the notice period. During the right-to-purchase period, the owner or his agent cannot show the unit to other prospective buyers unless the tenant has in writing waived the right to purchase.
(c) the statement contains a specific statement of the total amount due on or before settlement of the purchase contract, including any initial or special condominium fees due.
(d) the statement contains information on the actual expenditures made on all repairs, maintenance, operation and upkeep of the subject property, including all taxes and utility payments, within the last three years, set forth tabularly with the proposed budget of the condominium and cumulatively broken down on a per unit basis.
(e) the statement contains a description of any provisions made in the budget for reserves for capital expenditures, or, if no provision is made for reserves, a statement to this effect.
(f) the statement contains a declaration as to the present condition of all structural components and major utility installations in the subject property, including the dates of construction, installation and major repairs, and the expected useful life of each item, together with the estimated cost (in current dollars) of replacing each of same.
(2) A tenant in possession at the time of the delivery of the notice referred to above, may not be required to vacate the premises prior to the expiration of the one year's notice period except for:
(a) non payment of rent;
(b) breach of a covenant in the existing lease;
(c) the tenant's having committed a nuisance or waste upon the property, or having caused the premises to be in violation of The Philadelphia Code.
(3) Any tenant in possession at the time of delivery of the aforesaid notice, whose lease would ordinarily terminate during the one-year period, is entitled to have the tenancy extended on the same terms and conditions until the expiration of the one-year period from the date of the notice.
(4) Any tenant in possession at the time of delivery of the notice may terminate his lease with 90 days' notice without penalty for termination.
(5) Tenants who take possession of a unit after the one year's notice provision is delivered pursuant to this section but before the date of actual conversion shall be notified in writing prior to the signing of the lease of the owner's intentions to convert to a condominium as of the specified date and given whatever information is requested by that tenant relative to the costs of purchasing that unit.
(6) No provision of this section can be waived or made subject to a contract between the parties depriving a tenant of the benefits of this section.
(7) It is the policy of the City of Philadelphia that provisions in any contracts, leases or other undertakings which allow owners or their agents, at their option to cancel and terminate the terms of such leases upon any future possibility of conversion to a condominium, upon less than one year's notice as required by this section, shall be null and void as against public policy, except in the following case:
(a) If the term of the lease shall be less than one year between the date of original occupancy in the multiple occupancy dwelling and the date of conversion.
February 27, 1980
Honorable Joseph L. McGlynn
United States Courthouse
601 Market Street
Philadelphia, Pennsylvania 19106
Re: Sargo II, Inc., t/a The Dorchester on Rittenhouse Square Partners v. The City of Philadelphia, Civil Action No. 79-4655
Dear Judge McGlynn:
Third, with respect to Section 9-1204(c) Your Honor inquired as to the feasibility of providing tenants with a pro forma statement of settlement costs. We have discussed this matter in detail with our client and determined that it is feasible to provide tenants with a specific statement of certain of the settlement costs. But, as to costs which relate to matters that are in the purchaser's control, and specifically financing costs, which are highly volatile in today's market, plaintiff cannot speculate as to those settlement costs. With regard to the provisions of Section 9-1204(c), we would prefer to be in substantial compliance with the Ordinance by stating the exact amount of costs we know and by refraining from guessing at costs it is impossible to project accurately. We do not want to mislead our tenants. Specifically, with respect to nonfinancing costs plaintiff proposes to provide the following to the tenants:
Costs & Credits Not Related to Financing
A. Specific amounts will be provided as to: