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(1) Definitions.
(a) Covered Individual. Any person who occupies a dwelling in the City of Philadelphia under a claim of legal right other than the owner, including any tenant in a building owned, operated, or managed by the Philadelphia Housing Authority, whose annual gross income is not in excess of two hundred percent (200%) of the federal poverty guidelines as established and updated periodically by the United States Department of Health and Human Services (42 U.S.C. § 9902(2)).
(b) Covered Proceeding. Any judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a Covered Individual, any proceeding deemed by a Designated Organization as the functional equivalent of such a proceeding, or any first appeal of such a proceeding, including any judicial or administrative proceeding to remedy a violation of Chapter 9-800 of this Code, Philadelphia Fair Housing Ordinance, or Chapter 9-1600 of this Code, Prohibition Against Unlawful Eviction Practices. 1022
(c) Designated Organization. Any not-for-profit organization or association that has the capacity to provide Full Legal Representation to Covered Individuals facing eviction, agrees to adhere to the standards of practice set forth in regulations, and is designated by the Managing Director pursuant to this Chapter.
(d) Designated Community Group. A not-for-profit community organization or association that has the capacity to conduct tenant outreach, engagement, education, and information provision, and is designated by the Managing Director.
(e) Full Legal Representation. Ongoing legal representation provided by a Designated Organization to a Covered Individual and all legal advice, advocacy, and assistance associated with such representation. Such representation includes, but is not limited to, the filing of a notice of appearance on behalf of the Covered Individual in a Covered Proceeding.
(2) Legal Representation in Landlord Tenant Court.
(a) The Managing Director shall ensure that all Covered Individuals receive Full Legal Representation from a Designated Organization in a Covered Proceeding, as soon as possible after the initiation of such proceeding, the notice of intent to initiate such a proceeding, or at such time as a Designated Organization determines a proceeding should be initiated, and no later than at the time of the individual's first scheduled appearance in a Covered Proceeding. Covered Individuals shall receive Full Legal Representation unless circumstances specific to the individual make Full Legal Representation infeasible to render as provided by regulation.
(b) Designated Organizations and Community Groups shall, as provided by regulation, engage and educate tenants of their rights and available resources.
(c) Full Legal Representation, as set forth in this Section 9-808(2), shall be phased in according to such multi-year timeline as the Managing Director may determine, and shall be effective only at such time as the Managing Director certifies that the Managing Director's Office is prepared to spend appropriations to fund such legal representation. If projected need for legal representation to Covered Individuals exceeds the available funds, the provision of Full Legal Representation may be prioritized by reasonable standards as provided by regulation.
(d) The Managing Director, or such agency as the Managing Director may designate, shall promulgate such regulations as necessary to implement a legal representation program pursuant to this Section 9-808 and the funding limits for such program prior to its implementation.
(e) If any provision of this Ordinance or application thereof to any persons or circumstances is judged invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalidated provision or application and to this end the provisions of the ordinance are declared severable.
(f) On August 31 of each year, the Managing Director's Office shall submit a written report to the President and Chief Clerk of Council detailing the number of covered individuals served, the extent of Full Legal Representation performed, metrics evaluating outcomes, as well as a summary of the engagement and education of tenants. The Managing Director shall post this report online.
Notes
1021 | Added, Bill No. 190386 (approved December 4, 2019). |
1022 | Enrolled bill read "Section 9-800" and "Section 9-1600"; references corrected by Code editor. |
(1) Definitions. The following definitions apply to this Section 9-809 only:
(a) Certification of Hardship. 1024 Either a signed copy of the Declaration Under Penalty of Perjury for the Centers for Disease Control and Prevention's Temporary Halt in Evictions to Prevent Further Spread of COVID-19, OMB Control No. 0920-1303, ("CDC eviction declaration"), or a signed written statement, which may be signed by use of a typed electronic signature and provided electronically or may be provided in hard copy, that is subject to the provisions of Section 1-108 of the Code (Certification), and is submitted by an individual with personal knowledge of the facts set forth therein stating, at minimum, as follows, provided that any initial statements may be further supplemented with additional explanation, facts, or support at any time:
(.1) In the case of a residential tenant, that a residential tenant has lost income due to the pandemic and setting forth facts that provide an explanation of the COVID-19 financial hardship suffered.
(.2) In the case of a commercial tenant, that a small business has suffered a small business financial hardship and setting forth facts supporting such financial hardship.
(b) COVID-19 emergency period. The period beginning on the date the ordinance adding Section 9-809 to the Code becomes law and ending August 31, 2020.
(b.1) COVID-19 first extended emergency period. The period beginning September 1, 2020 and ending December 31, 2020. 1025
(b.2) COVID-19 inclusive emergency period. The period beginning March 1, 2020 and ending December 31, 2020. 1026
(c) COVID-19 financial hardship. A tenant's or tenant's household member's loss of income due to any one or more of the following during the COVID-19 inclusive emergency period: 1027
(.1) A diagnosis of the disease caused by the 2019 novel Coronavirus, known as COVID-19.
(.2) The need to quarantine or self-quarantine due to the advice of a health care provider; due to symptoms of COVID-19, such as fever, dry cough, or shortness of breath; after the return of an individual to the United States after travel to a Tier 2 or Tier 3 country as defined by the United States Center for Disease Control ("CDC") with respect to COVID-19; or as the result of having come into contact with an individual who has been diagnosed with COVID-19.
(.3) The need to care for a family member or a member of the tenant's household as the result of such family or household member's diagnosis of COVID-19 or self-quarantine for purposes described in subsection 9-809(1)(c)(.2).
(.4) The need to care for a family member of a member of the tenant's household as the result of the closure of a school, daycare, adult care facility, or other care facility where care would otherwise be provided for such family or household member.
(.5) The inability to work as the result of a requirement by the Governor, the Secretary of Health of the Commonwealth of Pennsylvania, the Mayor, or the Health Commissioner that businesses, or a particular type of business, must remain closed.
(.6) The inability to work as the result of such tenant or such tenant's household member being at a greater risk of harm than the general population if such person or such person's household member contracts COVID-19, such as those with compromised immune systems, the elderly, or those who have self-quarantined as the result of the recommendation of a health care professional, the CDC, the Governor, the Secretary of Health of the Commonwealth of Pennsylvania, the Mayor, or the Health Commissioner.
(.7) The inability to work as a result of a requirement by the Governor, the Secretary of Health of the Commonwealth of Pennsylvania, the Mayor, or the Health Commissioner that residents of certain areas of the Commonwealth must not travel, and such travel would be necessary to report to work.
(.8) The loss of a job, the reduction of work hours offered to such tenant or such tenant's household member, or a reduction in the salary or hourly wage paid to such tenant or such tenant's household member, whether permanent or temporary.
(.9) The inability to commence or obtain employment.
(.10) The need to financially support a family member due to the family member or a household member of such family member's loss of income for any one or more of the reasons set forth in this subsection 9-809(1)(c).
(d) Landlord. An owner of a rental premises and any agent, or other person, operating or managing a rental premise on behalf of an owner.
(e) Retroactive emergency period. The period beginning March 1, 2020 and continuing through the effective date of the ordinance adding this Section 9-809 to the Code.
(f) Small business. A person that employs fewer than 100 total employees, wherever located, whether within the City of Philadelphia or elsewhere.
(g) Small business financial hardship. A small business's documented loss of income due to one or more of the following during the COVID-19 emergency period or the retroactive emergency period:
(.1) A requirement or recommendation by the Governor, the Secretary of Health of the Commonwealth of Pennsylvania, the Mayor, or the Health Commissioner that businesses in a particular area, or a particular type of business, remain fully or partially closed.
(.2) The owner or operator, a key employee, or a significant number of employees of the small business being unable to work as a result of the circumstances set forth in subsections 9-809(1)(c)(.1), (.2), (.3), (.4), (.6), or (.7).
(.3) The loss of customers or reduction of business from customers as a result of the COVID-19 pandemic, or related recommendations or requirements of the Governor, the Secretary of Health of the Commonwealth of Pennsylvania, the Mayor, or the Health Commissioner.
(2) Purpose. This Section 9-809 shall apply in addition to any other provisions in this Chapter 9-800, or any provisions of a lease entered into between a tenant and landlord. If the provisions of this Section 9-809 conflict with any other provisions of Chapter 9-800 or the provisions of any lease that otherwise governs a landlord tenant relationship, the provisions of this Section 9-809 shall control.
(3) Residential Eviction Relief. 1028 During the COVID-19 emergency period the only legal basis for evicting a residential tenant in Philadelphia shall be to cease or prevent an imminent threat of harm by the person being evicted, including physical harm or harassment, and it shall be unlawful for a landlord to take any steps in furtherance of recovering possession of a residential premises rented by a tenant on any other basis.
(4) Commercial Eviction Relief. 1029 If any person has provided the landlord with a certification of hardship, during the COVID-19 emergency period the only legal basis for evicting a small business that is a commercial tenant in Philadelphia shall be to cease or prevent an imminent threat of harm by the person being evicted, including physical harm or harassment, and it shall be unlawful for a landlord to take any steps in furtherance of recovering possession of a commercial premises rented by such small business on any other basis.
(a) The Commission, or such other City department or office as the Mayor may designate, is authorized to establish a residential eviction diversion program to facilitate dispute resolution between landlords and tenants, which may include one or more of the following:
(.1) A conciliation conference between a landlord and tenant that has experienced a COVID-19 financial hardship to mediate an agreement for asserted residential lease violations.
(.2) A designated mediator and housing counselor that participates in the conciliation conference.
(.3) A designated housing counselor that engages with the tenant prior to the conciliation conference to educate and discuss available resources.
(.4) Any other dispute resolution methods established by the residential eviction diversion program.
(b) Beginning September 1, 2020, so long as the City is running a eviction diversion program consistent with this subsection 9-809(5), no landlord shall take steps in furtherance of recovering possession of a residential property occupied by a tenant who has suffered a COVID-19 financial hardship other than providing a notice required under this Section 9-809 without first completing the eviction diversion program, unless one of the following requirements are met:
(.1) Eviction is necessary to cease or prevent an imminent threat of harm by the person being evicted, including physical harm or harassment; or
(.2) The landlord has provided the affected tenants notice of such tenants' rights under this Section 9-809, the landlord has registered with the eviction diversion program; and thirty (30) days has passed both from the date the landlord provided the required notice of tenants' rights and the landlord properly registered with the eviction diversion program; provided that such landlord shall thereafter continue to participate in the eviction diversion program.
(.3) This subsection (5)(b) expires on March 31, 2021.
(a) It shall be unlawful for any landlord to charge or accept the payment of late fees, interest on back rent, or similar charges as the result of delinquent payment of rent with respect to a residential premises during the retroactive emergency period through nine months after the last day of the COVID-19 first extended emergency period, if a residential tenant occupying such premises has experienced a COVID-19 financial hardship. Any residential lease provision purporting to impose such fees, interest, or charges for delinquent payment of rent shall be void and non-enforceable.
(b) A residential tenant may establish a presumption that such tenant has suffered a COVID-19 financial hardship by submitting a certification of hardship to such tenant's landlord.
(c) Any fees, interest, or similar charges, submitted by a tenant during the COVID-19 inclusive emergency period that are prohibited under subsection (6)(a), "Temporary Waiver of Certain Fees", shall be credited first against any future rent, and if there is no such other rent, against any other financial obligations owed by such residential tenant to such tenant's landlord.
(7) Mandatory Hardship Repayment Agreement for Residential Tenants with a Certified Financial Hardship as the Result of the COVID-19 Pandemic. 1032
(a) Financial Hardship. Except as provided in subsection (7)(g) below, any residential tenant that has suffered a COVID-19 financial hardship during the COVID-19 inclusive emergency period and has failed to pay rent as normally due at any point prior to the end of the COVID-19 inclusive emergency period shall have the right to enter into a mandatory hardship repayment agreement as specified in subsections (7)(b.1) or (b.2) below, as applicable, without incurring any penalty. Such tenant shall be considered in full compliance with any payment obligations under such tenant's lease, and any associated payment agreements, provided such tenant provides such tenant's landlord the following and thereafter enters into a hardship repayment agreement:
(.1) A certification of hardship; and
(.2) Documentary evidence of the loss of income or increases in expenses the tenant has incurred during the COVID-19 inclusive emergency period as a result of such tenant's COVID-19 financial hardship, or if such documentation cannot be reasonably provided, a further certification explaining why such documentation is not available which may be signed by use of a typed electronic signature and provided electronically or may be provided in hard copy, that is subject to the provisions of Section 1-108 of the Code (Certification), provided the requirement in this subsection (7)(a)(.2) does not apply if the tenant has provided the landlord a signed CDC eviction declaration.
(b) Hardship Repayment Agreement. Any landlord whose residential tenant qualifies for a hardship repayment agreement pursuant to this subsection (7) shall enter into a repayment agreement with such tenant to pay past due rent pursuant to the following terms set forth in subsections (b.1) or (b.2), as applicable.
(b.1) With respect to a tenant who has entered into a mandatory hardship repayment agreement before the date the ordinance adding this subsection (b.1) becomes law:
(.1) The tenant shall pay the full amount of past due rent to the landlord by May 31, 2021.
(.2) Beginning the first day of the month following the COVID-19 emergency period or the date the tenant enters into the repayment agreement, whichever is later, and every month thereafter, the tenant shall pay:
(.a) The full monthly rate of rent as normally due; plus
(.b) At a minimum, the lesser of the following: thirty percent (30%) of the full monthly rate of rent due during the COVID-19 emergency period or the total amount of past due rent divided by nine (9).
(.3) No late fees or other charges related to past due rent may be charged from March 1, 2020 through the later of May 31, 2021, or the date any restrictions related to the charging or acceptance of late fees, interest, or similar charges provided by subsection 9-809(6) have expired.
(.4) If the tenant does not renew or extend the term of the lease, at the end of the term of the lease, the landlord may apply any security deposit towards any past rent due.
(b.2) For tenants entering into a mandatory hardship repayment agreement under this subsection (7) on or after the date the ordinance adding this subsection (7)(b.2) becomes law:
(.1) The tenant shall pay the full amount of past due rent to the landlord by September 30, 2021.
(.2) Beginning the first day of the month following the first extended COVID-19 emergency period or the date the tenant enters into the repayment agreement, whichever is later, and every month thereafter, the tenant shall pay:
(.a) The full monthly rate of rent as normally due; plus
(.b) At a minimum, the lesser of the following: thirty percent (30%) of the full monthly rate of rent due during the COVID-19 inclusive emergency period or the total amount of outstanding past due rent divided by nine (9).
(.3) No late fees or other charges related to past due rent may be charged from March 1, 2020 through the later of September 30, 2021, or the date any restrictions related to the charging or acceptance of late fees, interest, or similar charges provided by subsection 9-809(6) have expired.
(.4) If the tenant does not renew or extend the term of the lease, at the end of the term of the lease, the landlord may apply any security deposit towards any past rent due.
(c) Prohibition on Hardship Repayment Agreements Reduced to Judgment. It shall be unlawful for a landlord to require or request a residential tenant who has suffered a COVID-19 financial hardship to memorialize a hardship repayment agreement entered into pursuant to this subsection (7) in a judgment by agreement, consent order, a consent judgment, or similar court order.
(d) Notice Required and Limitation on Eviction for Nonpayment of Past Due Rent. In addition to any other limitations set forth under this Section 9-809, until October 1, 2021, the nonpayment of rent shall not be a legal basis to evict a tenant unless the following conditions are met:
(.1) With respect to a tenant that has not entered into a hardship repayment agreement or requested to enter into a hardship repayment agreement, the landlord has provided the tenant written notice regarding the tenant's rights under this subsection (7), "Mandatory Hardship Repayment Agreement for Tenants with a Certified Financial Hardship as the Result of the COVID-19 Pandemic", as provided under subsection (8), "Notice, Forms, and Regulations" of this Section 9-809 at least thirty (30) days prior to the date a landlord takes any such action.
(.2) With respect to a tenant who has the right to enter into a hardship repayment agreement and has requested to enter into such an agreement at any point prior to the end of the thirty (30) day notice period in subsection (7)(d)(.1), above, but has not yet entered such an agreement, the eviction action is based on a failure to pay the ongoing monthly rate of rent as it is normally due after the end of the COVID-19 inclusive emergency period.
(.3) With respect to a tenant who has entered into a hardship repayment agreement, the eviction action is either (.a) based on a failure to pay the ongoing monthly rate of rent as it is normally due after the end of the COVID-19 inclusive emergency period; (.b) the tenant is in arrears in an amount equal to four or more monthly payments required under subsection (7)(b.1); or (.c) the tenant is in arrears in an amount equal to three or more monthly payments required under subsection (7)(b.2).
(e) In addition to any other limitations set forth under this Section 9-809, the Code, or any other applicable law, until October 1, 2021, it shall be unlawful for a landlord to take any steps in furtherance of recovering possession of a residential premises occupied by a tenant or a guest of a tenant, on any basis other than a legal basis for eviction. For the purposes of this subsection (7)(e), sending a notice required under this Section 9-809 or participating in an eviction diversion or mediation program established by the City shall not be considered taking steps in furtherance of recovering possession of a residential premises.
(f) Forms. The Commission, or such other City department or office as the Mayor may designate, is authorized to create a form to be used by landlords and tenants entering into a hardship repayment agreement as provided for under subsection (7)(a) and a form for notice under subsection (7)(c).
(g) This subsection (7), shall not apply if one or more of the following conditions are applicable to the residential tenant, or the residential premises occupied:
(.1) The tenant receives a federal housing subsidy pursuant to 42 U.S.C. § 1437f that is not a tenant-based subsidy; or
(.2) The tenant receives a federal housing subsidy administered by the U.S. Department of Housing and Urban Development; or
(.3) A loan financing the residential premises is insured or assisted under 12 U.S.C. § 1701q, § 1715l(d)(3), or § 1715z-1; or 42 U.S.C. § 1485.
(a) Required Notice. Any notice that a landlord is required to provide a tenant under this Section 9-809 shall be provided in writing, by hand delivery or certified United States mail with proof of mailing, and must provide notice of the tenant's rights under this Section 9-809 as well as clear information on how the tenant may exercise such rights, including the following specific text or such other language that may be included in a form created by the City pursuant to subsection (8)(b), "Forms and Regulations", (below):
YOU MAY BE ELIGIBLE FOR CERTAIN HOUSING PROTECTIONS. IF YOU HAVE EXPERIENCED A FINANCIAL HARDSHIP DUE TO COVID-19, THIS MAY INCLUDE, BUT IS NOT LIMITED TO, A NINE (9) MONTH REPAYMENT PLAN TO PAY PAST DUE RENT. YOU MUST PROVIDE YOUR LANDLORD A CERTIFICATION OF HARDSHIP TO QUALIFY FOR SOME OF THESE PROTECTIONS.
(b) Forms and Regulations. The Commission, or such other City department or office as the Mayor may designate, is authorized to issue regulations implementing this Section 9-809, and to create forms to be used by landlords and tenants under this Section 9-809 including but not limited to, a certification of hardship form, a hardship repayment agreement form, and a form of required notice.
(9) Defenses. The failure of the landlord to comply with any obligation under this Section 9-809 may be asserted as a defense by a tenant in an action before any adjudicatory body and may not be waived.
(10) Severability. If any provision of this Section 9-809 or application thereof to any persons or circumstances is judged invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalidated provision or application and to this end the provisions of the ordinance are declared severable.
Notes
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1024 | |
1025 | |
1026 | |
1027 | Amended, Bill No. 200616 (approved January 20, 2021). |
1028 | |
1029 | |
1030 | |
1031 | |
1032 | |
1033 |
(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. |
(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 |
(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. |
(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. |