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FANNIE DEMARCO v. CITY PHILADELPHIA (06/19/85)

decided: June 19, 1985.

FANNIE DEMARCO
v.
CITY OF PHILADELPHIA, FAIR HOUSING COMMISSION AND ROBERTA JONES. ROBERTA JONES, APPELLANT



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Fannie DeMarco v. City of Philadelphia, et al., No. 2196, September Term, 1982.

COUNSEL

Geoffry Walsh, for appellant.

Louis J. Gagliardi, for appellee.

Judges Craig and Colins and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 90 Pa. Commw. Page 224]

This is an appeal by Roberta Jones (appellant) from a decision and order of the Court of Common Pleas of Philadelphia County which reversed an order of the Fair Housing Commission (Commission)

[ 90 Pa. Commw. Page 225]

    and found that Fannie DeMarco (appellee) did not commit an unfair rental practice and that appellee's right to possession of the premises was superior to that of appellant. We affirm.

On September 12, 1974, appellee sold the subject premises, located at 2020 W. Indiana Avenue in Philadelphia, to Leemoine Easter (Easter) and took back a Four Thousand Five Hundred Dollar ($4,500.00) purchase money mortgage. In 1976, Easter leased the property to appellant pursuant to a month-to-month oral lease. Appellant failed to make the rental payments. On March 12, 1979, Easter obtained a judgment of possession in the Philadelphia Municipal Court against appellant. Appellant timely appealed to the Court of Common Pleas of Philadelphia County, which, on January 22, 1981, dismissed her appeal. On June 23, 1983, the Superior Court affirmed the order of dismissal. Easter v. Jones, 314 Pa. Superior Ct. 639, 461 A.2d 888 (1983).

Some time in 1979, during the pendency of the landlord-tenant proceeding, Easter began defaulting on the purchase money mortgage held by appellee. After continued default, Easter conveyed the premises back to appellee in lieu of foreclosure on April 20, 1982.

On May 27, 1982, appellee notified appellant, by letter, that she had thirty (30) days in which to vacate the premises. Upon receipt of that letter, appellant filed a complaint with the Commission alleging that appellee's action constituted an unfair rental practice in violation of Section 9-804(1)(a)*fn1 of the Philadelphia

[ 90 Pa. Commw. Page 226]

Code (Code) because numerous Code violations had not been corrected. On August 19, 1982, the Commission issued an order prohibiting the eviction proceedings by appellee. Appellee filed an appeal to the Philadelphia Court of Common Pleas. On August 11, 1983, the Court of Common Pleas ...


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