Directive 5.31 Theft of Residential Real Property, Flashcards
According to Directive 5.31 Theft of Residential Real Property, BACKGROUND,
The Philadelphia Police Department has become aware of an emerging crime pattern whereby offenders unlawfully enter either vacant or temporarily unoccupied residential property with the intent to______?
Extort the lawful owners for the return of the property or purport to be the lawful owners and enter into fraudulent leases with unsuspecting
renters.
According to Directive 5.31 Theft of Residential Real Property, The intentional acts of illegally entering vacant and/or unoccupied residential property
with the intent to deprive and extort the owner of such property and to profit illegally
from a fraud perpetrated upon unsuspecting renters are crimes that will be investigated
immediately and the necessary actions taken. Complainants in these matters WILL NOT ! be referred to__________?
Philadelphia Landlord-Tennant Court or to the Sheriff’s Office.
According to Directive 5.31 Theft of Residential Real Property, The offenders in these crimes have never had nor currently possess any leasehold
interests, agreements or permissions to enter and/or lease these properties. As such, these offenders are not tenants and shall not be construed as____________?
Tenants entitled to the
protections of the Pennsylvania Landlord and Tenant Act of 1951 or City Code Chapter
9-1600 regarding the prohibition against unlawful eviction practices.
According to Directive 5.31 Theft of Residential Real Property,
When encountering a complainant who is claiming that trespassers are in their
property and refusing the leave, officers shall take the following steps: ?
1) Conduct a preliminary investigation to determine if reasonable suspicion
exists that a crime is occurring.
If the officer has reasonable suspicion that the occupants have illegally
entered the residential property with the intent to deprive the owner
of the property or to extort the owner for the return of the property and the
offenders immediately vacate the property the officer shall:
a) Conduct an investigative detention on all adult occupants. The basis
for the stop will be recorded on the 75-48A. All facts and
circumstances establishing the reasonable suspicion will be recorded
on the 75-48A.
b) If probable cause is developed during the investigative detention that
the individual(s) illegally entered the property with the intent to
deprive the owner of the property or to extort the owner for the return
of the property, the individuals will be arrested and transported to the
appropriate Detective Division for processing.
c) If probable cause cannot be determined, after the investigative
detention, the individuals will be free to leave.
d) Transport the complainant/owner and any other witnesses to the
appropriate Detective Division and provide the assigned detective with
all documentation, including a copy of any 75-48A reports completed
on any occupants.
According to Directive 5.31 Theft of Residential Real Property,
When encountering a complainant who is claiming that trespassers are in their
property and refusing the leave, officers shall take the following steps: ?
3) If the officer has reasonable suspicion to believe that the OCCUPANTS of
the residential property are the VICTIMS of a fraudulent lease, the officer
shall:
a) Complete a 75-48 for the owner AND a second 75-48 for the fraud
victim.
b) If willing, transport or direct the complainant/owner, the fraud victim
and any other witnesses to the appropriate Detective Division and
provide a copy of all documentation to the assigned detective.
c) Provide a copy of the “fraud victim” 75-48 to the District Victim
Assistance Office as soon as possible.
According to Directive 5.31 Theft of Residential Real Property,
When encountering a complainant who is claiming that trespassers are in their
property and refusing the leave, officers shall take the following steps: ?
4) If after consultation with the responding supervisor, reasonable suspicion
CANNOT BE ESTABLISHED that a crime is occurring or being
attempted, the officer will:
a) Inform the complainant that the matter is not criminal at this time and,
therefore, no immediate police action can be take and Advise the complainant that the matter is a civil matter that must be
addressed by the Courts and instruct the complainant to that an
Ejection or Eviction legal action will need to be initiated to resolve the
dispute.
c) Recommend that it is in the complainant’s best interest to contact an
attorney as soon as possible. Do not provide legal advice.
According to Directive 5.31 Theft of Residential Real Property,
When an officer determines that reasonable suspicion exists that the occupant
of a residential property unlawfully entered the property with intent to deprive
and extort the owner of such property and the occupants refuse to vacate the
property, the responding patrol supervisor shall:
b. Respond to the scene and confirm the reasonable suspicion of the responding
officer, assign a second RPC to regularly check the property until further
notice. The occupants will not be forcibly removed from the property at this
time.
c. Notify the Detective Division supervisor on duty and follow up on the status of
the assignment (i.e. whether probable cause has been established and an
affidavit has or will be submitted to the District Attorney’s Office).
d. If probable cause exists that a crime is being committed or attempted, ensure
that appropriate actions are taken
According to Directive 5.31 Theft of Residential Real Property, Upon receiving information that a residential lease fraud victim is currently
occupying the residential property of another improperly, the Victim Assistance
Officer shall
1) Notify the owner verbally and in writing
2) Notify the victim/occupants in writing that they cannot legally remain in
the residence and must make arrangements to move out as soon as possible
3) Notify the victim/occupants in writing that the City’s Office of Supportive
Housing and other emergency Non-governmental agencies,
4) Contact the Philadelphia Office of Supportive Housing for assistance and
guidance. If further assistance is needed, contact the Department’s Special
Advisor at 215-686-3022.
Keep in contact and update the lawful owner and victim/occupant during
the entire process and coordinate with the lawful owner and assist these
victims in safely vacating the property and restoring the property to the
owner.
According to Directive 5.31 Theft of Residential Real Property
. When a residential property owner/victim and/or the victim of a fraudulent
lease are brought to the Detective Division, the assigned detective shall:
1) Notify the detective supervisor of the nature of the assignment
2) Have the owner/complainant read, complete, and sign the Real Estate
Ownership and Non-Permission Affidavit
3) Conduct an investigation to include a property record search
4) Scan all available documents and the Real Estate Ownership and Non-
Permission Affidavit into PIIN.
5) Compete the investigation within five business (5) days
According to Directive 5.31 Theft of Residential Real Property
a. Upon receiving notification from the assigned detective regarding a case
involving residential real estate, the detective supervisor shall:
1) Monitor the progression of the case.
b. Upon approval of the Arrest and/or Search warrant from the District Attorney’s
Office, notify the highest ranking supervisor in the district of occurrence to
determine if the property should be held by Patrol Officers until any warrants
can be served,
According to Directive 5.31 Theft of Residential Real Property
CITY OF PHILADELPHIA
POLICE DEPARTMENT
REAL ESTATE OWNERSHIP AND NON-PERMISSION AFFIDAVIT
CITY OF PHILADELPHIA
POLICE DEPARTMENT
REAL ESTATE OWNERSHIP AND NON-PERMISSION AFFIDAVIT
__________________________________ : PROPERTY AT ISSUE:
Name of Owner/Trustee :
: _______________________________________
__________________________________ : Address
Current Address :
: Philadelphia, PA __________________
__________________________________ : Zip Code
City State Zip Code :
:
__________________________________ :
Name of Joint Owner/Trustee :
:
__________________________________ :
Current Address :
:
__________________________________ :
City State Zip Code :
AFFIDAVIT OF REAL ESTATE OWNER(S)/TRUSTEE(S)
1. I/We am/are the owner(s) of record of the real property or the lawful trustee(s) of the property at issue
identified above.
2. There is no unrecorded deed, mortgage or other document affecting the title of this property.
3. There are no outstanding leases, permissions or authorities granted to any lessee, visitor or guest to this
property.
4. There are no judgments, claims, disputes, demands or other matters pending against the owner(s) of record
that could attach to the property.
5. The property at issue is not currently the subject of any judgments, claims, demands or other matters in any
probate court or under any intestate law (i.e. there are no heirs, other than you and the joint owner (if
applicable), claiming an ownership interest in the property.
75-660
6. I/We have never had a landlord-tenant relationship or provided verbal or written authorization or
permission whatsoever to the person or persons currently occupying the property at issue nor has any agent
or personal representative done so on my/our behalf.
7. I/We am/are not submitting this affidavit and/or requesting assistance from the Philadelphia Police
Department to circumvent any federal, state or local law to evict or eject the current occupants of the
property where civil process is required.
8. The purpose of this affidavit is to assist in the arrest and prosecution of those persons currently illegally
occupying the property at issue or who have defrauded the occupants by issuing an illegal lease by
improper authority or permission to enter the property at issue.
I verify that the facts and statements contained in this Affidavit are true and correct to the best of
my, knowledge, information, and belief. Further, I understand that these statements are made
subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
_________________________________________ _______________________________________
Signature of Owner/Trustee Print Name of Witnessing Detective Badge No.
________________ ________________
Date Date
____________________________________________
Signature of Joint Owner/Trustee
________________
Date
