Notes
| 1317 | Added, Bill No. 120647 (approved January 20, 2014). Bill No. 120647 is effective July 1, 2015. See Bill No. 140894 (approved December 19, 2014). Chapter repealed and replaced by Bill No. 140892-A (approved February 11, 2015). Section 2 of Bill No. 140892-A provides that it shall take effect upon the effective date of Bill No. 120647. |
(1) Administration. Subcode A of Title 4 (the Philadelphia Administrative Code) shall apply to the provisions of this Chapter, and govern their administration and Chapter 9-100 shall not apply to this Chapter. 1318
(a) An applicant for a new license or the renewal of a license shall complete an application provided by the Department. The application shall contain the following information, and such other information as the Department may require:
(.1) The name and address of the owner or owners of the property. 1319
(.a) If an owner of the property is not a natural person or a publicly traded company, the application shall identify, in addition to the owner of the property, the name and preferred mailing address of each natural person who has an equity interest in such owner or owners of the property that exceeds one or more of the following, regardless of whether the natural person has a direct equity interest or such natural person's equity interest is held through one or more tiers of a corporate structure, such as parent-subsidiary structure: (a) forty-nine percent (49%) of the value of the property or (b) forty-nine percent (49%) of the value of the owner of the property. If no natural person has such an interest, the application shall identify the name and preferred mailing address of the two natural persons who have the largest equity interest in the property. 1320
(.2) The address of the property for which application is made and the type of dwelling, if any.
(.3) The name, address and telephone number of the Managing Agent for the property, in compliance with Section 9-3907. The address provided for the Managing Agent shall not be a Post Office Box.
(.4) The owner's commercial activity license number, if the owner is required to have such license.
(b) The Department shall issue or renew a license if it finds:
(.1) The applicant has completed the application and paid the license fee;
(.2) The owner has a valid commercial activity license, if required;
(.3) There are no outstanding violation notices associated with the property for which the application is made that were issued under Title 4 which have been of record for more than 30 days, unless the owner has filed an appeal of the violation which is pending, and the owner has notified the Department of such appeal in a manner prescribed by the Department; and
Exception: The Department of Licenses and Inspections may promulgate regulations regarding conditions under which a license may be issued despite violations of Section PM-108.1.3 (Unsafe shared retaining walls). 1321
(c) Applicants shall have an ongoing obligation to provide accurate and up to date information, and to correct inaccurate information. An applicant shall notify the Department of any changes to the information set forth in an application submitted pursuant to subsection 9-3901(2)(a) within ten (10) business days of such change, provided that the Department may rely on the accuracy of the current application on file at a given date. 1322
(b) Licenses are not transferable. If the ownership of a property changes during a license term, the new owner must obtain a new license within ten business days after such transfer of ownership.
(c) If any of the information set forth in a license application or license renewal application changes during the term of a license, the owner shall provide updated information in writing to the Department within ten business days of such change.
(a) The Department is authorized to immediately suspend a license if a property is deemed unfit or unsafe or imminently dangerous.
(b) The Department is authorized to suspend a license at the request of the District Attorney with respect to any property subject to forfeiture to the Commonwealth under the provisions of 42 Pa. C.S. § 6801 or other applicable law.
(c) A license issued may be suspended by the Department for failure to comply with the requirements of this Code after a re-inspection has been made to determine compliance pursuant to Section A-503.1 of Subcode A, or for failure to pay any fine and/or cost imposed under this Chapter or Subcode A, and such suspension shall continue until there has been compliance and until any unpaid fines and costs have been paid.
(d) The Department shall provide written notice and an opportunity for a hearing prior to any suspension of a license under this Section.
(e) Non-compliance. Any owner who fails to obtain a rental license as required by Section 9-3902, or to comply with Section 9-3903 regarding a Certificate of Rental Suitability, or whose rental license has been suspended, shall be denied the right to recover possession of the premises or to collect rent during or for the period of noncompliance or during or for the period of license suspension. In any action for eviction or collection of rent, the owner shall attach a copy of the license.
(f) Private Right of Action. Any tenant of any property subject to the provisions of this Chapter shall have the right to bring an action against the owner of such property to compel compliance with this Chapter. Such private right of action neither limits nor expands the rights of private parties to pursue any legal rights and claims they may possess under a written agreement or at Common Law.
(a) Dormitory: A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.
(b) Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, including such units contained within residential condominium buildings.
(c) Equity interest: A legal or equitable ownership interest in a property or business, however designated, including, but not limited to, capital stock, partnership interests, or membership interests. 1324
(d) Family: A person living independently or a group of persons living as a single household unit using housekeeping facilities in common, but not to include more than three persons who are unrelated by blood, marriage, adoption, or foster-child status, or are not Life Partners.
(e) Hotel: Any building containing six or more guestrooms, intended or designed to be occupied, or which are rented or hired out to be occupied, for sleeping purposes by guests.
(f) Let for occupancy: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(g) Multiple-family dwelling: A building containing more than two dwelling units.
(h) Occupancy: The purpose for which a building or portion thereof is used or occupied.
(i) One-family dwelling: A building containing one dwelling unit with not more than five lodgers or boarders in addition to the primary family.
(j) Operator: Any person who has charge, care, management, or control of a structure or premises, or portion of a structure or premises, which is occupied.
(k) Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the Commonwealth of Pennsylvania or City and County of Philadelphia as holding title to the property; or otherwise having control of the property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(l) Person: An individual, corporation, firm, partnership, association, organization, or any other group acting as a unit.
(m) Premises: A lot including all buildings and structures erected on that lot.
(n) Rooming house: A building containing rooming units arranged or occupied for lodging, with or without meals, and not occupied as a one-family dwelling or a two-family dwelling.
(o) Rooming unit: Any room or group of rooms which together form a single habitable unit occupied or intended to be occupied by an individual or family for sleeping or living, but not for cooking purposes.
(p) Two-family dwelling: A building containing two dwelling units with not more than five lodgers or boarders in addition to the primary family in each dwelling.
(6) Exemptions. 1325 Properties owned and operated by the Philadelphia Housing Authority and its subsidiaries in compliance with the Department of Housing and Urban Development federal property maintenance standards are exempt from all licensing requirements set forth in Section 9-3902 ("Rental Licenses") and any related fees. The ownership, operation and rental of such properties shall be exempt from all licensing requirements set forth in Section 19-2602 of the Code pertaining to commercial activity licenses.
Notes
| 1318 | Amended, Bill No. 150266 (approved June 16, 2015), effective July 1, 2015. |
| 1319 | Amended, Bill No. 180939-A (approved January 3, 2019), effective July 1, 2020. |
| 1320 | Added, Bill No. 180939-A (approved January 3, 2019), effective July 1, 2020. |
| 1321 | Added, Bill No. 230647 (approved December 13, 2023). |
| 1322 | Added, Bill No. 180939-A (approved January 3, 2019), effective July 1, 2020. |
| 1323 | Added, Bill No. 150266 (approved June 16, 2015), effective July 1, 2015. |
| 1324 | |
| 1325 | Added, Bill No. 180992-A (approved February 6, 2019). |
(1) Required.
(a) The owner of any dwelling unit, multiple family dwelling, rooming house, dormitory, hotel, one-family dwelling, two-family dwelling, or rooming unit let for occupancy must obtain a rental license. No person shall collect rent with respect to any property that is required to be licensed pursuant to this Section unless a valid rental license has been issued for the property. 1326
(b) Exceptions.
(.1) If a building contains multiple dwelling units, a single rental license may be obtained for the entire building, provided that such license shall specify each unit in such building governed by such license. 1327
(.2) A rental license is not required for any dwelling unit that is occupied by the owner or a member of the owner's family, provided that the Department may require the owner to submit an Affidavit of Non-Rental.
(.3) The holder of a housing inspection license under former Section PM-102.1 for 2015, or the owner of any dwelling or dwelling unit subject to the requirements of this Section that is part of a building governed by a housing inspection license applicable to such building in its entirety in 2015, need not obtain a rental license in order to let the property or any portion of such property for occupancy in 2015. 1328
(.4) A rental license shall not be required for use as limited lodging, as defined at subsection 14-604(13) of this Code, so long as the activity is licensed pursuant to Section 9-3909 of this Chapter ("Limited Lodging Operator License"). 1329
Notes
| 1326 | |
| 1327 | Amended, Bill No. 150266 (approved June 16, 2015), effective July 1, 2015. |
| 1328 | Added, Bill No. 150266 (approved June 16, 2015), effective July 1, 2015. Section 2 of Bill No. 150266 provides: "The holder of a housing inspection license for 2015 shall not be entitled to a refund of any fee paid in connection with such license in connection with a property, or portion of a property, with respect to which a rental license is not required in 2015 pursuant to Section 9-3902 of The Philadelphia Code as it shall go into in effect on July 1, 2015, pursuant to Bill No. 140892-A." |
| 1329 |
(1) Required.
(a) The owner of any property for which a rental license is required shall, at the inception of each tenancy, provide to the tenant a Certificate of Rental Suitability that was issued by the Department no more than sixty days prior to the inception of the tenancy. The owner shall at the same time provide the tenant a copy of the owner's attestation to the suitability of the dwelling unit as received by the Department pursuant to subsection 9-3903(2)(b)(.3), and a copy of the "City of Philadelphia Partners for Good Housing Handbook" issued by the Department, or such other document as the Department shall require. The Certificate of Rental Suitability may be for either an individual dwelling unit, or for the entire building in which the unit is located.
(b) Exception. The provisions of subsection 9-3903(1)(a) shall not apply with respect to any rental to a tenant who is a member of the owner's family.
(2) Application and Issuance.
(a) Applications for a Certificate of Rental Suitability shall be made on forms provided by the Department.
(b) The Department shall issue a Certificate of Rental Suitability only after it determines that:
(.1) The owner of the property has obtained all required licenses with respect to the property, including a rental license.
(.2) There are no outstanding violation notices under this Code with respect to the property, except with respect to violations for which there is a pending appeal of which the owner has notified the Department in a manner prescribed by the Department.
Exception: The Department of Licenses and Inspections may promulgate regulations regarding conditions under which Certificates of Rental Suitability may be issued, despite violations of Section PM-108.1.3 (Unsafe shared retaining walls). 1330
(.3) The owner of the premises to be leased acknowledges the obligation to provide a fit and habitable property and states that: (1) all fire protection and smoke detection equipment for the premises are present and in proper operating order in accordance with all applicable requirements of The Philadelphia Code and regulations and standards adopted thereunder; (2) the operating systems are working properly to provide a fit and habitable condition; and (3) the owner will continue to maintain all fire protection and smoke detection equipment for the premises in accordance with all applicable requirements of The Philadelphia Code and regulations and standards adopted thereunder, will continue to maintain the operating systems in proper working order, and will continue to maintain the property in a fit and habitable condition.
(c) The Certificate shall set forth the applicable rental license number for the property, the date of the last inspection conducted by the Department (where applicable) and the applicable zoning designation, and shall set out the process by which a tenant may request a further inspection of the property by the Department.
(d) Failure by the owner to correct code violations covered by subsection (2)(b)(.3) within thirty (30) days of receiving a notice of violation, or sooner as indicated by the Department, shall be considered to be noncompliance with this Section.
(3) Fee.
(a) The owner of the property shall not be required to pay a fee.
Notes
| 1330 | Added, Bill No. 230647 (approved December 13, 2023). |
(1) Required.
(a) The owner of any lot on which no structure is built and no productive activity has been conducted with the owner's permission for at least the past three (3) months shall obtain a Vacant Lot License.
(b) Exceptions. No license is required for the following:
(.1) Vacant lots contiguous to and in common ownership with a vacant lot that has a current vacant lot license. This exception shall include building lots in common ownership within an approved subdivision, provided there is a current vacant lot license for the subdivision tract.
(.2) Vacant lots contiguous to or separated by a driveway from a building where there is common ownership of the lot and the building. This exception includes a contiguous lot owned and maintained by the abutting property owner as a side yard.
(.3) A lot that is continuously maintained as a garden.
(1) Required. The owner of any structure that lacks the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction operations or residential occupancy has ceased within the past three (3) months, shall obtain a Vacant Structure License.
(a) Exception. The owner of a vacant structure for which a current and valid rental license has been issued shall not be required to obtain a Vacant Structure License.
(a) Bonding. In addition to the license issuance requirements set forth in subsection 9-3901(2), the Department shall issue or renew a vacant structure license for a Large Vacant Commercial and Industrial Property (as defined in Section PM-202) only if the applicant has also posted a bond or other security or a deposit in form approved by the Law Department and in an amount determined by the Department to be necessary to secure the City's potential cost of correcting Code violations or abating unsafe or imminently dangerous conditions as authorized by Section PM-108.2, Section PM-110.4, Section PM-902.13 or any other provision of this Code. If the City does incur such costs, the City may recover such costs from the posted bond or other security or deposit, in addition to pursuing any other remedy authorized by law. The bond or other security shall provide that it will not expire and the City need not release it upon transfer of the property unless and until a subsequent owner posts a comparable bond or other security or deposit. Failure to post the required security or deposit or to maintain such security or deposit may result in the suspension or denial of any license issued to the owner under this Code, which license suspension(s) or denial(s) shall continue until the owner has posted the required security. No license shall be suspended under this provision until the owner has been provided written notice.
(b) Owner Consent Statement. At the time of license application, a building owner may complete a written statement on a form provided by the Department granting consent to the City for access to the building for purposes of inspection, enforcement of the City Code and protection of public safety.
(c) City Inspections of LVCIPs. In connection with inspections of LVCIPs conducted pursuant to Section F-108.6 of the Code or otherwise, if consent has not been provided under subsection (b) and is not otherwise provided by the owner or lawful occupant, the City shall take such steps as may be necessary to gain access to the property in order to carry out the inspection, including, when needed, obtaining an administrative warrant.
Notes
| 1331 | Amended, Bill No. 150650 (approved December 23, 2015). |
(1) Required.
(a) The owners of vacant piers, bulkheads, wharves, docks, moored vessels, and other structures that have structural elements partly or totally below water along the shorelines of the Delaware River, Schuylkill River, or estuaries shall obtain a Vacant Waterfront Structure License. Occupied waterfront structures shall comply with the requirements of PM-314 and are not required to be licensed under this Section.
(2) Additional Issuance Requirement. In addition to the license application requirements set forth in subsection 9-3901(2), an application for a new Vacant Waterfront Structure License or the renewal of such license shall also contain the following information:
(a) A certification that the structure for which application is made has a barrier to human occupancy which is maintained at all points of access from the on-shore side of the structure.
(b) Proof that the structure is posted on all sides, in a visible and conspicuous manner, with "Danger - No Trespassing" signs.
(1) Required Designation of Managing Agent.
(a) The owner of any property required to obtain a rental license, Vacant Lot License, Vacant Structure License, or Vacant Waterfront Structure License, shall designate a Managing Agent for the property.
(2) Managing Agent Requirements.
(a) A Managing Agent must be a natural person over the age of eighteen years who resides within the City or customarily or regularly attends a business office maintained within the City, who has agreed to carry out the responsibilities set forth in subsection (3).
(b) An owner (or, in the case of a corporate owner, a principal of the corporation) who meets the qualifications of subsection (2)(a) may be designated as the Managing Agent.
(3) Duties of a Managing Agent. A Managing Agent shall:
(a) Receive and accept, on behalf of the owner, any notices, orders, or summonses issued by the Department and any service of process for all matters related to the relevant property. 1332
(b) In the case of a Managing Agent for an owner who is required to obtain a rental license, the Managing Agent shall at the inception of each tenancy (i) provide to the tenant contact information (including telephone number and address, which must be a Philadelphia address and not a post office box) for the Managing Agent, and information as to whether the Managing Agent is responsible for routine maintenance of the property and, if not, contact information for the person who is responsible for such routine maintenance; and (ii) ensure that the information required to be provided to the tenant under subsection 9-3903(1)(a) is in fact provided.
Notes
| 1332 | Amended, Bill No. 180939-A (approved January 3, 2019), effective July 1, 2020. |
| 1333 | Added, Bill No. 180939-A (approved January 3, 2019), effective July 1, 2020. |
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