Need Advice on Fraudulent Occupancy Claim

Hello! I am new to this forum and hope to get some knowledgeable advice.

I have an RV on a piece of property we own in Pennsylvania that I use as an art/music studio throughout the year, but only actually camp in an average of 4-8 nights a month during warmer weather. I exercise my pets there frequently and store items there year-round.

It has self-contained septic and an electrical hookup. A disgruntled neighbor recently filed a claim with the township that I was residing there full-time, but I can prove with my drivers license, bank statements, voting registration, and with my employers that I live elsewhere.

I just received a certified letter stating it would cost $600 to simply file an appeal against this fraudulent claim! When we called the law firm that sent the letter, we were told ANY use constitutes occupancy, which makes no sense because what is the point of an RV if you can't use it? Surely 4-8 nights a month during camping season does not constitute residency?

Has anyone had similar issues and what should I do next?

Yikes!

Any statement from the law firm that sent the letter DOES NOT mean it correct. They represent either your "neighbor" or the township. They are only going to make statements supporting their client.

You will need to get your own lawyer.

It is possible that your RV is in violation because it stays there year round. I do know that at least part of The Pocono Mountains is very restrictive regarding any development. If you own land in such an area then you can hike on your land and you can Tent camp but that's about it.

You could try and get a copy of the statute/laws your are alleged to be violating.

The $600 seems very high to appeal....But this could be a intentional move by the township to keep people from fighting back.

Best of luck

Before you spend money on a lawyer, go to the township offices in person, and get a copy of land use regulations that apply to your property.  You might find a friendly clerk who can help you understand the rules governing the use of your land.  Don't call or email because then they will most likely be busy and cannot give you a full answer over the phone. 

One thing you want is a copy of the zoning laws and the specific zoning of your property.

You are not there to argue, you just want to understand what someone is saying you are doing wrong.

Take with you evidence of your ownership or rent of your residence elsewhere.   

Who was the law firm representing ?
If it was me, I would disregard the letter unless it came directly from the town. Then I would go directly to the town office that it came from and discuss it wiht them

But then again it wouldn't be me since you couldn't pay me to live in PA from the idiotic things I have experienced passing through that state.

Jack L

X2 on what Judyjb said

It's very common for ordinance to state no RV use. Some areas will allow them to be used for X amount of time while a house is being constructed. Some areas will allow them to be brought onto the property for a week or two each year.

Some areas will be classified as unrestricted and not even need a permit to build. They allow just about anything as along as you aren't dumping sewage on the ground. I wouldn't be surprised if you aren't allowed to have an RV on the property at all. Even if you built a house some areas will still say things like needing to have the RV back behind the rear line of the house etc.

Wherever you go get the info from the code/building department. Don't go by what sellers or real estate agents or others say. You might see others doing exactly what you are doing or intend to do yet they come down on you. That's because the other guy that's doing it is the township supervisors bil or something.

I lived in a village area where the supervisors house was a falling down rat hole with ragged blue tarps, wood pile against the house with weeds and trees growing out of it, falling down fence and this guy was sending out blight violations to others.

You do not challenge with the law firm
You challenge in the court house.

The very fact they sent the mail to you at your full time residence is evidence you don't "Reside" in the RV. and even then it may be legal.. Check with a DIFFERENT attorney is my advice.

The attorney who sent you the letter may be trying to rip you off.

Would not be the first Criminal Attorney (And by that I mean attorney who is a criminal) (This sentence references current events.. Many attorneys not doing well in the Defendant's chair just now).

As others have said, much depends on the local land use (zoning) that applies in your area.  For example, my county has zoning that prohibits staying in an RV on any property outside of a designated RV park or public camping area. Technically it is a violation here if one person spends one night in the RV, even though it is parked on my private property.  In my area, code enforcement officers will turn a blind eye to occasional use violations, but if another citizen makes a complaint they will enforce the letter of the law.  I had a neighbor like that about 10 years ago and he caused us some grief, but he's gone now.


The best advice is to go to the town officials and learn the land use (zoning) regulations that apply.  Chances are you will be told that staying overnight in the RV is prohibited, but that's the first step.    Most towns have a zoning board or similar public forum where you can challenge the citation for a zoning violation or request a deviation from the ordinances. You don't need a lawyer to appear there, but it may be helpful to have one if there is any question about how the ordinances apply in your particular case.

I've generally found code enforcement officers to be willing to explain the regulations they enforce and how they apply to your situation.  That's assuming, of course, that you are polite and ask rather than screaming at them about your property and individual rights. They don't make the laws - they just apply them.
We could debate here why such restrictive zoning exists and whether it is "fair" or not, but that's meaningful only if you want to start a campaign to change the laws in your town or county. 

Check on the lawyer! 10 or so years ago i started getting phone calls and mail threatening legal action against me for something i knew nothing about. I searched google and found he was scamming many people for the same thing. This guy was indeed a real licensed lawyer in Pa. And apparently, what he was doing was legal, if not ethical.So check him/her out.

I agree with Gary on checking with the code enforcement people.  Years ago, we had a TT parked in our driveway and hooked up to power.  Code enforcement came out to check on a complaint that we were living in the TT.  The code enforcement guy was very nice.  Looked inside and said we were fine as long as we did not sleep there.  I suspect if you politely approach the code enforcement department you will get the straight answer. 

Sounds like a scam.
If letter did not come from the county, then your being played!
The county would also NOT tell you anything about monetary compensation.
They would cite the law or rule, nothing else.

Occupancy and residency are two different things in legal terms. Just because your a resident doesn't mean you occupy the property. Just because you occupy a property doesn't mean your a resident.

Start with your local township office and find out what the zoning codes and regulations are for your property. It's public record and they must provide it.

Call a respected attorney in the area. They will be honest about what your rights are and what action must be taken, if any. Then you can decide on what action to take.

Could your property be part of a development with a Home Owners Association? Read your deed, you could be violating covenants in the deed which would explain the letter from a private attorney. He might work for the HOA.

I notice that the OP has not been back to the forum since her original post

She's probably in jail by now...