Philadelphia Housing Authority v. Barbour

WIEAND, Judge:

The issue in this appeal is whether a “Homebuyers Ownership Opportunity Agreement” under the federal Turnkey III housing program is a lease (with an option to buy) or a long term sales agreement. The trial court held that it was a real estate sales agreement which precluded an eviction for nonpayment of rent without prior compliance with the notice requirements of state foreclosure proceedings, as contained in the Act of January 30, 1974, P.L. 13, No. 6, § 101 et seq., as amended, 41 P.S. § 101 et seq. and the Act of December 23, 1983, P.L. 385, No. 91, § 2, as amended, 35 P.S.…