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§ 9-3907. Managing Agents.
   (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.
   (4)   Notice to Managing Agent. Notice provided to or service of process served upon a Managing Agent of a property at the address provided pursuant to subsection 9-3901(2)(a)(.3) shall constitute notice to the owner of such property for all matters related to such property. 1333

 

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.
§ 9-3908. Notification of License Obligation. 1334
   (1)   Notification of License Obligation.
      (a)   Whenever the City issues a certificate to an owner indicating the zoning classification and the legality of the existing use of a property to be sold, as required by the act of November 28, 1973 (P.L. 348, No. 121), as amended (21 P.S. § 613), such certificate shall include a summary of the license and owner accountability responsibility requirements of this Chapter and the property maintenance requirements of Title 4, Subcode PM (the Philadelphia Property Maintenance Code). Such summary shall contain, at minimum, the following information:
         (.1)   an explanation of the property license requirements, including the following statement: "No person shall collect rent with respect to any property without first obtaining a license pursuant to Chapter 9-3900 of The Philadelphia Code.";
         (.2)   an explanation of the license requirements applicable to vacant lots, structures and waterfront structures, including the following statement: "The owner of a vacant lot, structure or waterfront structure is required to obtain a license pursuant to Chapter 9-3900 of The Philadelphia Code." 1335
         (.3)   an explanation of how an owner can obtain a copy of the Philadelphia Property Maintenance Code; and
         (.4)   the following statement: "Failure of the buyer to obtain a property license, if required by Chapter 9-3900 of The Philadelphia Code, within ten (10) days after the transfer of ownership shall constitute a violation of The Philadelphia Code and may result in fines and penalties."

 

Notes

1334
   Added, Bill No. 140939 (approved January 15, 2015). Section 2 of Bill No. 140939 provides: "This Ordinance shall take effect upon the effective date of Bill No. 140892." Bill No. 140892-A is effective July 1, 2015.
1335
   Added and subsequent subsections renumbered, Bill No. 160249 (approved June 28, 2016).
§ 9-3909. Limited Lodging Operator License. 1336
   (1)   No person shall operate a residential dwelling as limited lodging, as defined in subsection 14-604(13) of this Code ("Limited Lodging"), without a Limited Lodging Operator License. Operation in violation of the standards for use as limited lodging as set forth in subsection 14-604(13) shall constitute a violation of this Chapter.
   (2)   Only a primary resident of a dwelling unit, as further defined in subsection 14-604(13) of this Code, may operate property as limited lodging and obtain such a license, provided that in the Tenth Councilmanic District only a primary resident who is the owner of the property may operate limited lodging and obtain such a license, and a renter may not do so.
   (3)    The provisions of subsection 9-3901(2) ("Application and Issuance") shall not apply to licenses issued under this Section 9-3909.
   (4)   An application for such a license shall be submitted on a form as established by the Department. To obtain a license, the applicant must:
      (a)   Have a valid commercial activity license;
      (b)   Have no outstanding violation notices issued under Title 4 of this Code associated with the property for which the application is made, 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;
      Exception: The Department of Licenses and Inspections may promulgate regulations regarding conditions under which this license may be issued despite violations of Section PM-108.1.3 (Unsafe shared retaining walls). 1337
      (c)   Provide confirmation in a form established by the Department of authority to operate the property for such purpose, including satisfaction of zoning requirements;
      (d)   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; and
      (e)   Satisfy such lead paint safety requirements of Chapter 6-800 ("Lead Paint Certification and Disclosure") as may be determined by the Department of Public Health by regulation.
   (5)   No dwelling unit may be operated as limited lodging except through a booking agent licensed under Section 9-3910 ("Limited Lodging and Hotels Booking Agent License"). Prior to listing a dwelling as a limited lodging unit with a booking agent, the operator shall provide proof to the booking agent that a valid Limited Lodging Operator License has been issued and is active for the premises.
   (6)   An operator shall conspicuously identify the operator's license number in all advertising and communications that indicate that a dwelling is available for use as limited lodging.

 

Notes

1336
   Added, Bill No. 210081 (approved June 23, 2021), effective April 1, 2022.
1337
   Added, Bill No. 230647 (approved December 13, 2023).
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