CHAPTER 9-800. LANDLORD AND TENANT 998

 

Notes

998	Source: 1955 Ordinances, p. 88; 1956 Ordinances, p. 1; added, 1962 Ordinances, p. 89; caption amended, Bill No. 140716-A (approved December 1, 2015), effective January 30, 2016.

§ 9-801. Legislative Findings. 999

   The Council of the City of Philadelphia hereby finds:

   (1)   In order to protect the health, safety and general welfare of the citizens and inhabitants of the City, the City has enacted a comprehensive Fire Code and a comprehensive Housing Code.

   (2)   The enforcement of these protective legislative measures has been seriously hampered because the owners of the property against whom tenants have filed complaints with the appropriate City authority revealing Fire Code violations or Housing Code violations, have developed a practice of evicting complaining tenants for these reasons or upon other convenient pretexts.

   (3)   Fearful of eviction, tenants have been hesitant to report violations and have been compelled to live under conditions which are in violation of existing ordinances and which create situations dangerous to the health and safety of the tenants and the entire community.

   (4)   Efforts of the existing Mayor's Fair Rent Committee to prohibit unfair rental practices has not proved effective because the Committee has lacked the power to subpoena witnesses or the production of records of owners or their agents who are leasing dwellings which are in violation of the Fire Code or the Housing Code as set forth in The Philadelphia Code.

 

Notes

999	Added, 1962 Ordinances, p. 89.

§ 9-802. Definitions. 1000

   (1)   Commission. Fair Housing Commission.

   (2)   Family. Shall have the meaning assigned in subsection 14-203(115) of this Code.

   (3)   Multi-Family Building. A building that serves as a residence for three or more families with each family occupying a single dwelling unit.

   (4)   Premises. Any single, duplex or multi-family dwelling.

   (5)   Unfair Rental Practice. Any act in violation of Section 9-804 or Section 9-809.  1001

   (6)   Non-Public Competitor Information. Information that is not available to the general public, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless whether the information is attributable to a specific competitor or anonymized, and regardless of whether it is derived from or otherwise provided by another person that competes in the same market or a related market. 1001.1

   (7)   Price Coordination. Engaging in both of the following acts: (a) collecting historical or contemporaneous non-public competitor information concerning prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential rental units from two or more real estate lessors, whether or not monetary or other valuable consideration is paid to acquire or collect such information; and (b) recommending or suggesting rental prices, fees, rental terms, or occupancy levels to a real estate lessor based on such information, including when such recommendation involves the analysis or processing of information using a computational or algorithmic system, software, or process. Price coordination does not include: (i) providing information for the purpose of establishing rent or income limits in accordance with the affordable housing program guidelines of a governmental entity; or (ii) generation or use of any report, study, or presentation that provides existing rental data in an aggregated manner but does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; or (iii) providing or using information for the purpose of conducting market research for project financing, for the purpose of conducting an appraisal, or for conducting research, testing, and training for software development. 1001.2

   (8)   Real Estate Lessor. Any individual, corporation, partnership, association, joint-stock company, trust, or unincorporated organization that owns or manages real property, or any agent thereof, who leases or rents such property or any portion of such property as a residential rental unit. 1001.3

   (9)   Residential Rental Unit. Any house, apartment, accessory unit, or other unit intended to be used as a residence which is offered for lease or rent. A residential rental unit does not include inpatient medical care facilities, licensed long-term care facilities, detention facilities, or correctional facilities. 1001.4

 

Notes

1000	Added, 1962 Ordinances, p. 89; amended, Bill No. 160018-AA (approved April 26, 2016), effective June 25, 2016.
1001	Amended, Bill No. 200294 (approved July 1, 2020); Bill No. 200295 (approved July 1, 2020); Bill No. 200302 (approved July 1, 2020); and Bill No. 200305 (approved July 1, 2020).
1001.1	Added, Bill No. 240823 (approved November 13, 2024), effective February 11, 2025.
1001.2	Added, Bill No. 240823 (approved November 13, 2024), effective February 11, 2025.
1001.3	Added, Bill No. 240823 (approved November 13, 2024), effective February 11, 2025.
1001.4	Added, Bill No. 240823 (approved November 13, 2024), effective February 11, 2025.

§ 9-803. Fair Housing Commission. 1002

   (1)   A Fair Housing Commission is hereby created to be composed of 5 members to be appointed by the Mayor. The members of the Commission shall select from among the members a chairman. All of the members of the commission shall serve without compensation. The Commission shall have power to hold hearings and conduct investigations in connection with any unfair rental practice upon complaint or upon its own initiative. The Commission shall have power to compel the attendance of witnesses and the production of documents as provided in Section 8-409 of The Philadelphia Home Rule Charter.

 

Notes

1002	Added, 1962 Ordinances, p. 89; amended, 1970 Ordinances, p. 125.