For the first time, the State College borough has evicted a fraternity from its house, based on violations of borough ordinances and state laws.

Phi Kappa Tau fraternity was evicted for six months from its house, at 408 E. Fairmount Ave., after failing to reach an agreement with the borough about numerous property violations.

The fraternity residents will move into the empty Alpha Kappa Lambda house, 339 Fraternity Row, Phi Kappa Tau adviser David Lapinksi said.

The fraternity was awaiting a decision on its appeal to State College borough manager Tom Fountaine, who announced yesterday that Phi Kappa Tau must move out while Tau Kappa Epislon fraternity, which was also facing suspension, may remain in its house, 346 E. Prospect Ave., after signing a consent agreement.

Both fraternities had been named "nuisance properties" by the borough on Oct. 16 for receiving rental permit violations, including disorderly conduct and excessive noise.

The housing permits of the two fraternities were suspended Nov. 1. Both groups then appealed the decision and members of Phi Kappa Tau were notified on Feb. 8 of their upcoming eviction, Fountaine said.

Tau Kappa Epsilon fraternity can remain in its house as long as it does not accumulate additional violations, Fountaine said. The consent agreement "requires for active members to engage in a neighborhood relations program, provide risk management and alcohol responsibility training for members, and prohibit alcohol at social events through Dec. 31," according to a press release from Fountaine.

As part of the agreement, Tau Kappa Epsilon members cannot live in their house during the summer, because most of the previous violations occurred in the summer, Fountaine said.

However, he said two members can continue to live at the house during the summer for safety and security purposes.

Bill Nickerson, Tau Kappa Epsilon adviser, said the consent agreement was fair and the fraternity members are happy with the outcome.

"It certainly imposes some restrictions, but we think it will result in a stronger house," he said.

Fountaine added that Phi Kappa Tau did not accept the agreement, resulting in the six-month rental permit suspension.

Lapinski said the fraternity did not accept the consent agreement because it had concerns with the language of the document.

If the agreement was violated, then the fraternity would have to move out immediately, Lapinski said.

"The key thing was, once you sign the consent agreement, you do not have normal routes of appeal," he said.

If the agreement is violated, fraternity members will lose their lease for 12 months without opportunity for appeal, according to the press release.

Phi Kappa Tau members can move into the Alpha Kappa Lambda house because the "rental housing permit is specific to the property, not the organization," adding that he has "every confidence there will not be any problems with this fraternity," Fountaine said.

Two Phi Kappa Tau members can continue to live in the house during the suspension period as a safety precaution, Lapinski said.

Phi Kappa Tau President Rahil Sequeira (junior-supply chain and information systems) said the borough has spoken with the fraternity and its members hope to return in the fall.

The restrictions and guidelines instituted by the consent agreement had nothing to do with Phi Kappa Tau's apprehension to comply with the borough, Lapinski said.

"Almost everything the agreement asked for, we have included in our corrective action plan, and we are still intending to do those things," he said.

Phi Kappa Tau will appeal Fountaine's decision at a hearing Tuesday before the State College Rental Housing Revocation Appeals Board.

"We may not like [Fountaine's] decision, but we feel like we have been treated fairly," Lapinski said.