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§ 9-810. Prospective Tenant Screening Practices. 1034
   (1)   Definitions.
      (a)   Dwelling Unit. Any building or structure, or part of a building or structure, which is used for living or sleeping by human occupants, subject to the licensing requirements of Section 9-3902 of the Code. Each unit in a multi-family building constitutes a separate dwelling unit.
      (b)   Eviction History. A report or docket information containing or summarizing the contents of an eviction proceeding concerning the prospective tenant.
      (c)   Eviction Record. Any record containing information regarding a past or current landlord-tenant action, and any record of the filing of a landlord-tenant action, including but not limited to:
         (.1)   any information maintained by a court in any form in connection with a case or judicial proceeding, including but not limited to pleadings, motions, briefs and their respective attachments, evidentiary exhibits, indices, calendars, and dockets;
         (.2)   any order, judgment, opinion, or decree related to a judicial proceeding;
         (.3)   any official transcript or recording of a public judicial proceeding, in any form;
         (.4)   any information in a computerized case management system created or prepared by the court in connection with a case or judicial proceeding; and
         (.5)   any record made or maintained by a judicial officer.
      (d)   Prospective Landlord. A landlord, owner of a rental premises, property manager, broker, or other agent or person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent.
      (e)   Prospective Tenant. Any person or persons who seek(s) to lease or rent a dwelling unit for a week-to-week term or any longer term by virtue of a written or oral agreement with a landlord.
      (f)   Tenant Screening Report. Any consumer report or other document or information collected by a tenant screening service that is used or expected to be used in whole or in part for the purpose of serving as a factor in establishing a person's eligibility for a rental unit, but not limited to a report that compiles, conveys, or interprets a prospective tenant's commercial records, financial records, credit history, court records, criminal records, or rental history.
      (g)   Tenant Screening. Using a consumer report or other information about a prospective tenant in deciding whether to make or accept an offer for residential rental property to or from a prospective tenant.
   (2)   Prohibition on Blanket Eviction and Credit Exclusions. No prospective landlord of any dwelling unit shall maintain a policy of automatically declining to rent a dwelling unit to a prospective tenant solely because (a) the prospective tenant has an eviction record or (b) the prospective tenant's credit score or tenant screening score derived, in whole or in part, from a tenant screening report falls below a specific numerical threshold.
   (3)   Application of Uniform Tenant Screening Criteria.
      (a)   Wholistic Screening. A prospective landlord shall make a decision to rent to or reject a prospective tenant only after reviewing the prospective tenant's specific application and conducting an individualized assessment of the applicant based on uniform screening criteria.
      (b)   Prohibited Screening Criteria. No prospective landlord shall decline to rent a dwelling unit to an applicant based in whole, or in part, on the following criteria:
         (.1)   Credit information or credit report, tenant screening report, or any other consumer report demonstrating a failure to pay rent or utility bills during COVID-19 emergency periods.
         (.2)   The following events in an eviction history or eviction record:
            (.a)   any eviction proceeding pursuant to Pennsylvania law, or other equivalents in other states, that did not result in a judgment in favor of the plaintiff; or
            (.b)   any sealed record of an eviction proceeding; or
            (.c)   any eviction judgment against the applicant that has been vacated or marked satisfied pursuant to Pennsylvania law; or
            (.d)   any eviction case filed, or eviction judgment that was entered, four or more years before the application to rent was submitted; or
            (.e)   an eviction proceeding brought against the applicant during the Covid-19 emergency period, other than an eviction based on violent or dangerous criminal activity that resulted in a judgment against the tenant; or
            (.f)   any eviction proceeding where a judgment by agreement is currently in place, or where the judgment by agreement has been marked satisfied or vacated, or is otherwise resolved.
   (4)   Right to Dispute Information or Seek Reconsideration. If a written or electronic statement setting forth a plain statement of all reasons for the denial of an application to rent a dwelling unit is required by subsection 9-1108(4), upon receiving such statement a prospective tenant may notify the prospective landlord by written, electronic, or oral means of the prospective tenant's intent to dispute or request reconsideration of the denial within forty-eight (48) hours after receiving the denial. If the prospective tenant provides timely notice of the intent to dispute or request reconsideration of the denial, the prospective tenant may provide within seven business days after such denial, and the prospective landlord shall reasonably consider:
      (a)   any evidence that information relied upon by the housing provider was inaccurate or incorrectly attributed to the prospective tenant or was based on screening criteria prohibited by subsections (2) or (3) of this Section 9-810.
      (b)   any evidence of mitigating circumstances relating to the grounds for denial to establish whether the applicant shows a readiness to satisfy the obligations of tenancy, which may include, but shall not be limited, to credible information showing:
         (.1)    a history of on-time rental payments by the prospective tenant that otherwise may not appear in a background check;
         (.2)   that a prior eviction of the prospective tenant based on nonpayment of rent was based, in whole or in part, on rent not owed by the prospective tenant;
         (.3)   new or increased income of the prospective tenant that is reliable and sufficient to cover rental costs;
         (.4)    letters of recommendation provided on behalf of the prospective tenant by employers or former housing providers;
         (.5)   changes in circumstances that would make prior lease violations by the prospective tenant less likely to reoccur.
   (5)   Required Offer of Next Available Unit. If a tenant disputes the information or seeks reconsideration pursuant to subsection 9-810(4) but the prospective landlord rents the dwelling unit the rejected prospective tenant applied for to a different tenant, the prospective landlord shall offer to rent the prospective landlord's next available rental dwelling unit of comparable size and rental price to the rejected prospective tenant if both of the following apply:
      (a)   such prospective landlord owns five or more dwelling units within the City of Philadelphia offered for rental, and
      (b)   the rental application and any information provided by the prospective tenant under subsection 9-810(4) would demonstrate to a reasonable person the qualifications and ability of the prospective tenant to satisfy the obligations of the tenancy.
   (6)   Penalties. A violation of this Section 9-810 shall constitute a Class III offense.
   (7)   Private Right of Action. Any prospective tenant aggrieved by a prospective landlord's violation of this Section 9-810 shall have a private right of action against such prospective landlord and may bring an action in a court of competent jurisdiction to compel compliance with this section and may recover actual damages, punitive damages not to exceed two thousand dollars ($2,000) per violation, reasonable attorney's fees and costs to the extent allowed by law, and such other relief, including injunctive or other equitable relief, as the court may deem appropriate.
   (8)   Other Remedies Not Precluded. Nothing in this Section shall limit the right of an aggrieved person to recover damages under any other applicable law or legal theory, nor shall it limit the right of the City to seek fines or other remedies for violations of this Section or other provisions of the Code.
   (9)   Periodic Evaluation Requirement. At least once every eighteen months, beginning in the year 2023, Council shall, by separate ordinance, select an independent expert to evaluate the specific impact this Section 9-810 and subsections (3) and (4) of Section 9-1108 have on the real estate rental market and rental accessibility in Philadelphia. The expert shall also comprehensively evaluate the overall impact of the requirements set forth in such sections, and shall submit recommendations for any modifications to those requirements. The expert engaged for this purpose shall be selected pursuant to the procedure set forth in Chapter 17-1400 for the awarding of non-competitively bid contracts. Final copies of the report shall be provided to the Mayor, each member of Council, and to the Clerk of Council, who shall see to it that a copy is posted on the City's official internet site.
   (10)   Application to Publicly-Assisted Rental Housing.
      (a)   Any dwelling unit which is owned, operated, subsidized or financed by a program of the federal, state or local government, or which is otherwise governed by a deed restriction or indenture related to affordability of the dwelling unit, is exempt from the requirements of this Section 9-810; except as provided by subsection (10)(b), below.
      (b)   Nothing in subsection (10)(a) shall exclude a dwelling unit from the provisions of this Section 9-810 because of a tenant-based subsidy, provided no potential landlord qualifying a tenant participating in a tenant-based voucher program or other tenant-based subsidy program is required to rent or otherwise admit to a dwelling unit any person who is ineligible to occupy such dwelling unit under the federal, state, or local rules governing the voucher program or other subsidized program at issue.
   (11)   Severability. The provisions of this Section shall be deemed severable. If any portion, paragraph, sentence, or phrase of this Section shall be found unenforceable for any reason, all other provisions shall continue to be deemed valid and effective.

 

Notes

1034
   Added, Bill No. 210330-A (approved July 15, 2021), effective October 13, 2021.
§ 9-811. Eviction Diversion Program. 1035
   (1)   Authorization and Program Structure. The Department of Planning and Development, or such other City department or office as the Mayor may designate, is authorized to continue operating a pre-filing residential eviction diversion program to facilitate dispute resolution between landlords and tenants or acquisition of rental assistance, if available. Landlords shall enroll in the eviction diversion program by completing an application or in such other manner as directed by the Department. It is not Council's expectation that the diversion program will continue (a) if there is insufficient funding available to operate the program; or (b) if a post-filing diversion program is established that allows a meaningful opportunity to resolve landlord and tenant disputes without an eviction filing against a tenant becoming known to third parties, provided that a pre-filing diversion program may continue to be offered on a voluntary basis.
   (2)   So long as the City is running a mandatory pre-filing eviction diversion program consistent with subsection (1), above, no landlord shall have a lawful basis to evict a tenant unless the landlord has complied with the following requirements:
      (a)   The landlord has enrolled with the eviction diversion program consistent with subsection (1), and provided a notice of diversion rights to the tenant consistent with subsection (5); and
      (b)   The landlord participates in the eviction diversion program in reasonable good faith, as defined by the City, for no less than thirty (30) days.
   (3)   Exceptions. Subsection (2) shall not apply if eviction is necessary to cease or prevent an imminent threat of harm by the person being evicted, including physical harm or harassment.
   (4)   Lawful Basis to Evict Required. Except as specifically authorized in this Section 9-811, no landlord shall take any step to evict a tenant or otherwise in furtherance of recovering possession of a residential property occupied by a tenant unless such landlord has a lawful basis to evict the tenant at the time such step is taken.
   (5)   Notice, Forms, and Regulation.
      (a)   Required Notice. The notice a landlord is required to provide a tenant under this Section 9-811 shall be provided in writing, by hand delivery or mail with proof of mailing, and must provide notice of the tenant's right to engage in diversion under this Section 9-811, as well as clear information on how the tenant may exercise such rights, including such specific text or such other language that may be included in a form created by the City pursuant to subsection (5)(b), "Forms and Regulations" (below).
      (b)   Forms and Regulations. The Department of Planning and Development, or such other City department or office as the Mayor may designate, is authorized to issue regulations implementing and interpreting this Section 9-811 and to create forms to be used by landlords and tenants under this Section 9-811, including, but not limited to, a form of required notice. The Department shall work with appropriate stakeholders to develop and further enhance the diversion program, including ensuring periodic independent evaluation of the program.
   (6)   Defenses. The failure of a landlord to comply with any obligation under this Section 9-811 may be asserted as a defense by a tenant in an action before any adjudicatory body; may, in the court's discretion, be a basis for sua sponte dismissal of an action; and may not be waived.

 

Notes

1035
   Added, Bill No. 210920 (approved January 14, 2022), effective January 1, 2022; amended, Bill No. 220655 (approved October 19, 2022); amended, Bill No. 240245 (approved June 12, 2024).
§ 9-812. Licensing of Eviction Officers. 1035.1
   (1)   Definitions.
      (a)   Enforcement Agency. The Department of Licenses and Inspections, or such other agency as the Mayor may designate.
      (b)   Eviction Officer. A private person that performs or offers to perform the eviction of a tenant from a residential property by serving a writ of possession or alias writ of possession.
      (c)   Private Person. An individual, other than a City officer or employee operating in an official capacity, or a corporation, partnership, association or other entity that is not incorporated as a governmental entity.
   (2)   License Requirements.
      (a)   No private person may act as an eviction officer unless that person possesses a current and valid license issued under this Section. Such license shall be issued and renewed annually.
      (b)   No license may be issued unless the applicant submits an application that the Enforcement Agency determines satisfies all requirements for initial license issuance or license renewal, as applicable, including at least the following:
         (.1)   The applicant’s name, home address, phone number(s), email address and date of birth;
         (.2)   A copy of the applicant’s commercial activity license and tax identification number;
         (.3)   Proof of the applicant’s successful completion of the training requirements set forth in subsection 9-812(3) that includes the name of each third-party trainer, the dates of each training course, and a copy of each course certificate of completion;
         (.4)   Proof of current professional liability insurance to the following extent at a minimum, or such other insurance or in such amount as set forth in the regulations issued by the Enforcement Agency:
            (.a)   per incident, two million dollars ($2,000,000);
            (.b)   per year, four million dollars ($4,000,000).
         (.5)   Certification that the applicant is not delinquent in the payment of any taxes or fees due to the City or of any fines imposed for any violation of this Code or regulation promulgated under this Code.
         (.6)   Certification that the applicant is in compliance with all applicable laws of the Commonwealth relating to the operation of its business;
         (.7)   Certification that the applicant was not involved in any incident of violence or use of force in performance of an eviction or other employment duties during the previous 12 months;
         (.8)   Payment of an application fee of five hundred dollars ($500) or, in the case of license renewal, annual renewal application fee of three hundred dollars ($300).
   (3)   Training Requirements.
      (a)   Prior to obtaining a license under this Section, an eviction officer shall complete a formal program that provides at least 189 hours of training and meets or exceeds the following requirements:
         (.1)   8 hours of professional development;
         (.2)   12 hours of civil law and process;
         (.3)   4 hours of use of force;
         (.4)   8 hours of defensive tactics;
         (.5)    4 hours of OCAT Oleoresin Capsicum (pepper spray);
         (.6)   4 hours of Monadnock Expandable Baton;
         (.7)   4 hours of management of aggressive behavior;
         (.8)   8 hours of cultural diversity;
         (.9)   12 hours of ethics;
         (.10)   24 hours of safety and crisis management;
         (.11)   16 hours of emergency services and tactical first aid;
         (.12)   40 hours of basic firearms;
         (.13)   40 hours of crisis intervention; and
         (.14)   5 hours of dangerous dogs and stray animals training.
      (b)   Prior to renewing a license under this Section, an eviction officer shall complete a formal program that provides at least 29 hours of training and meets or exceeds the following requirements:
         (.1)   4 hours of de-escalation;
         (.2)   3 hours of legal updates, which may include information about Philadelphia resources and services;
         (.3)   4 hours of disease of addiction;
         (.4)   2 hours of judgmental use of force;
         (.5)   2 hours of cultural diversity;
         (.6)   2 hours of effective communication;
         (.7)    2 hours of ethics; and
         (.8)    10 hours of firearms.
      (c)   All training required by this subsection 9-812(3) shall be certified by the Pennsylvania Commission on Crime and Delinquency unless otherwise authorized by the Enforcement Agency.
   (4)   Additional Requirements.
      (a)   An eviction officer shall visibly carry the license issued under this Section on such officer’s person while serving a writ of possession or alias writ of possession.
      (b)   The Enforcement Agency is authorized to, by regulation, establish additional training requirements beyond those set forth in subsection 9-812(3) and otherwise augment the standards for license issuance and renewal.
   (5)   License Suspension and Revocation; Other Remedies.
      (a)   The Enforcement Agency may, after notice and hearing, suspend or revoke any license granted under this Section for any of the following reasons:
         (.1)   Fraud or deceit in obtaining or renewing a license or permit;
         (.2)   Failure to comply with the requirements of this Section;
         (.3)   Failure to comply with provisions of The Philadelphia Code; and
         (.4)   Such other acts or omissions as the Enforcement Agency may establish by regulation.
      (b)   A person whose license under this Section has been suspended may not reapply for a new license for a period of one (1) year from the date of the first suspension, for a period of two (2) years from the date of the second suspension, and for a period of five (5) years from the date of the third and subsequent suspensions.
      (c)   License suspension and revocation shall be in addition to any fine that may be imposed for violations of this Section or any regulations issued under this Section. Violation of this Section shall subject the eviction officer to a fine not exceeding the maximum fine for Class III offenses as set forth in Section 1-109.

 

Notes

1035.1
   Added, Bill No. 240018 (approved June 18, 2024), effective March 18, 2025.
§ 9-813. Anti-Competitive Rental Practices.  1035.2
   (1)   Prohibited Conduct.
      (a)   No person shall enter into an agreement with any other person to not compete with respect to rental pricing, fees, or any other rental term for residential rental units in the City.
      (b)   No person shall engage in price coordination for residential rental units in the City, including through the sale, licensure, or provision of any service or product that involves price coordination of residential rental units.
      (c)   No person shall facilitate an agreement between two or more persons to not compete with respect to rental pricing, fees, or any other rental term for residential rental units in the City.
      (d)   No person shall use, subscribe to, or contract or pay for, the services of another person if such services involve price coordination or otherwise encourage or facilitate an agreement with other persons to not compete with respect to any rental term for residential rental units in the City.
   (2)   Enforcement and Remedies.
      (a)   Civil Action by Aggrieved Persons.
         (.1)   Any person who is aggrieved by a violation of this Section may bring a civil action in a court of competent jurisdiction.
      (b)   The City.
         (.1)   The City, through the Law Department, may file an action in the name of the City in any court of competent jurisdiction against any person or persons alleged to have violated this Section, seeking relief under this Section, including remedies for persons aggrieved by the violation.
      (c)   Remedies.
         (.1)   In any action filed pursuant to this Chapter, a court may order the following:
            (.a)   Injunctive relief and such other equitable relief, as appropriate.
            (.b)   Damages.
               (i)   A private plaintiff is entitled to three times the value of actual damages sustained or, in the alternative, if the plaintiff elects before judgment is rendered, statutory damages of two thousand dollars ($2,000) per violation, with the number of violations calculated as described in subsection (2)(c)(.1)(.c).
               (ii)   In cases filed by the City, persons aggrieved shall be entitled to actual damages or, in the alternative, if the City elects before judgment is rendered, statutory damages of one thousand dollars ($1,000) per violation, with the number of violations calculated as described in subsection (2)(c)(.1)(.c).
               (iii)    Damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation of unlawful overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may award, without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought.
            (.c)   In an action filed by the City, civil penalties of two thousand dollars ($2,000) per violation. Each prohibited action under this Section is counted as a separate violation for every day it occurs or continues. Additionally, violations are counted separately for each affected residential rental unit in the City, meaning each unit for which prohibited conduct directly influences the price or terms on which it is advertised, offered, rented, or leased.
            (.d)   Interest on actual damages for the period beginning with the date of service of the initial pleading in an action filed pursuant to this Section and ending on the date of judgment.
            (.e)   Reasonable attorney’s fees and costs.
   (3)   Statute of Limitations. A claim for a violation of this Section must be filed in court within four (4) years of the date when a reasonably diligent person should have discovered that such violation occurred.

 

Notes

1035.2
   Added, Bill No. 240823 (approved November 13, 2024), effective February 11, 2025.