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PHILADELPHIA HOUS. AUTH. v. BARBOUR

405 Pa.Super. 140 (1991)

592 A.2d 47

PHILADELPHIA HOUSING AUTHORITY, Appellant, v. Pearline BARBOUR, Appellee. PHILADELPHIA HOUSING AUTHORITY, Appellee, v. Pearline BARBOUR, Appellant.

Superior Court of Pennsylvania.

Filed May 2, 1991.

Reargument Denied July 2, 1991.

Petition for Allowance of Appeal Granted October 7, 1991.

Attorney(s) appearing for the Case

Denise J. Baker, Philadelphia, for appellant (at 1060) and appellee (at 1314).

Michael T. Donahue, Philadelphia, for appellant (at 1314) and appellee (at 1060).

Before WIEAND, KELLY and CERCONE, JJ.

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,...

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