Philadelphia
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Councilmember Brooks introduced and passed two pieces of legislation known as the “Renters Access Act” which prohibits landlords from denying housing based solely on eviction records and require them to let tenants know why they are denied. Landlords must also provide written rental screening criteria to prospective tenants. Under these new rules, landlords also cannot deny a tenant solely because of credit scores or an eviction record that is more than four years old. They also prohibit denying a tenant housing because of their inability to pay rent or utility bills during the COVID-19 emergency period.
Over the course of several weeks the PAA Government Affairs team worked with the bill sponsor on amendments to the legislation based on the concerns we heard from our members which can be found by, clicking here.
We have attached the final bills along with a breakdown of all the amendments to make compliance less cumbersome including: the expansion of the number of years from an eviction record that you can look at, the removal of the presumption clause, expanding the number of units to qualify for the exemption, and clarifying who is a rejected applicant among many others. We have also attached a one pager of landlord requirements based on this legislation.
Landlords Responsibility Document
High Rise Building Retrofit Automatic Sprinklers Ordinance: DEFEATED IN 2023
Impacts 140+ buildings, 22,000 units
This legislation introduced by Councilmember Squilla back in March 2022 and PAA in 2023 was successful in holding off the agenda and defeating the bill. This legislation would require high rise buildings with residential units to be retrofitted with automatic sprinkler systems. If passed this legislation would go into effect immediately. High rises are defined as buildings 75+ feet. PAA continues to build a coalition against the legislation and is working on a financial impact study that is examining the affordability of units across the city if passed.
While it was a great victory in 2023, we could expect the bill to be reintroduced in 2024 or beyond, and in the meantime will continue to work with City Council and the Mayor to ensure we do not continue to impact affordability across Philadelphia or add cumbersome processes on owners or residents.
Learn more about PAA's Efforts in 2023 Regarding the High Rise Sprinkler Bill
Lead Law and Information from PAA
Philadelphia Lead Law:
As the new lead law went into effect on October 1st, PAA members shared with PAA that they were having several issues with how the Health Department was enforcing the law. One particular concern was how the Health Department was enforcing testing for lead-free buildings. The Health Department was stating that every unit in a lead-free property must be tested. However, HUD Guidelines provide a template that does not require every unit to be tested and remediated. The lead law passed by City Council also states that property owners can follow HUD Guidelines. After discussion with the Health Department and select members of City Council, it has been confirmed that property owners can follow HUD Guidelines regarding the testing of a lead-free building—you do not have to necessarily test every unit in a lead free property.
Please view the portion of Chapter 7 HUD Guidelines for additional information. PAA would like to thank our members for indicating this implementation problem, and we would especially like to thank Bay Hill Environmental, Lindy Communities, and University City Housing for their particularly active engagement with this issue.
For any questions involving the lead law, please contact Andre Del Valle at ADelValle@paahq.com.
Applying for your Lead Certificate:
Click the FAQ Final link below which contains important information about the Lead and Healthy Homes Program. Located on the first page, Number 4. has the link to the website where you create your own account. Like Eclipse, you will upload your information into the system to be reviewed by the Department of Health.
You have the option of faxing your documents to Us so that we may upload them for you. However, we need and application for each property that was tested. I have attached a blank application for you to fill out for each property.
Once completed, you can Fax them to Us at 215-685-2335. Make it out to the "Attention of Certificates". Your cover letter should contain your name and number so we may contact you if any problems occur.
The City of Philadelphia's Eviction Diversion Program enables landlords and tenants to arrive at an agreement that works for both parties, without having to go to Court. This program is required for all landlords with tenants who have had difficulty paying rent due to a COVID-19 related hardship, as well as, mandating a landlord to apply for Emergency Rental Assistance. Benefits of diversion and mediation include helping tenants avoid an eviction, while also helping landlords avoid vacancies and unit turnover costs.
To schedule a mediation, landlords must first submit an application through the web portal (click Apply Now). Once it is confirmed that the application is complete, the landlord and tenant will be scheduled for a mediation within 30 days.
Philadelphia Bed Bug Addendum
Beginning January 1, 2021, the bed bug legislation passed by City Council in 2019 went into effect. There are many components to this new legislation, but to assure owners are prepared and following the most critical aspects, we have provided a link to the bed bug guide created by the City of Philadelphia below, the landlord responsibilities can be found on page 11 of the brochure.
For any questions involving the bed bug addendum, please contact Andre Del Valle at ADelValle@paahq.com.
Targeted Financial Assistance
- The City of Philadelphia's Eviction Diversion Program (EDP) requires landlords and tenants to mediate for 30 days in an attempt to resolve disputes and avoid going to court. EDP facilitates satisfactory and sustainable landlord-tenant agreements through mediation or supported direct negotiation. Per City Ordinance # 220655, landlord good faith participation in EDP is required before seeking a legal eviction through court. Landlords start the eviction diversion process by sending tenants the 2022 Notice of Diversion Rights (NOR). Eligible landlords and tenants in the Eviction Diversion Program may also be selected to apply for Targeted Financial Assistance, a one-time payment from the City to a landlord to cover a tenant’s rent arrears.