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Amending Chapter 9-3900 of The Philadelphia Code, entitled “Property Licenses and Owner Accountability,” by requiring non-resident landlords to provide verifiable contact information and a designated local contact and establishing penalties for non-compliance, all under certain terms and conditions.
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WHEREAS, The Council of the City of Philadelphia recognizes that non-resident property ownership has contributed to neighborhood deterioration, unsafe living conditions, and barriers to enforcement of property maintenance and housing laws; and
WHEREAS, Ensuring that landlords and property owners can be promptly contacted by tenants and City officials is essential to preserving public safety, property maintenance, and accountability; and
WHEREAS, It is the intent of Council to strengthen transparency and communication between landlords, tenants, and the City by requiring verifiable contact and registration information for each property licensed in Philadelphia; now, therefore,
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 9 of The Philadelphia Code is hereby amended to read as follows:
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
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CHAPTER 9-3900. PROPERTY LICENSES AND OWNER ACCOUNTABILITY
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§ 9-3901. General Provisions
(5) Definitions. The following terms shall have the following meanings in this Chapter.
(g.1) Non-Resident Landlord. Any individual, corporation, partnership, or entity that does not reside at or maintain a primary place of business at the property for which a license is required under this Chapter, and that owns or controls property subject to licensing or inspection by the City of Philadelphia.
(m.1) Physical Address. A street address identifying a physical location within the United States that is capable of receiving service and verification by the Department of Licenses and Inspections.
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§ 9-3902. Rental Licenses
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(c) License Application and Renewal Requirements.
(.1) All applicants for any rental license, vacant property license, or commercial activity license related to property ownership shall provide a Physical Address for the service of notices, correspondence, and enforcement actions.
(.2) The use of a post office box, mail drop, or non-verifiable address is prohibited.
(.3) The Department of Licenses and Inspections shall verify all addresses provided under this Section prior to license issuance or renewal.
(.4) Each property owner shall provide accurate and verifiable address information for each active license they hold within the City of Philadelphia.
(.5) If the property owner is a Non-Resident Landlord, such owner must also designate a local agent residing or maintaining a business within Philadelphia who is authorized to receive service and act on behalf of the owner.
(.6) The owner and designated local agent shall be jointly responsible for maintaining current contact information with the Department.
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§ 9-3902.1. Non-Resident Landlord Registration Requirement.
(1) Registration. Each Non-Resident Landlord shall submit to the Department of Licenses and Inspections, under oath and on forms provided by the Department, the following information for each property subject to licensure:
(a) The full name, residence address, and telephone number of the property owner, which shall be accessible to each tenant of the licensed property; and
(b) The full name of an agent or property manager, business address, and telephone number of the designated Local Agent or property manager; and
(c) A telephone number to be used in emergencies.
(2) Confidentiality. Information provided under this Section shall not be disclosed except to authorized City officials, public safety personnel, or verified tenants of the specific property.
(3) Penalties. Failure of a Non-Resident Landlord to provide and maintain accurate information as required herein shall constitute a violation of this Chapter.
(a) The first offense shall be subject to a fine of one hundred dollars ($100)
(b) Each subsequent offense shall be subject to a fine of five hundred dollars ($500).
(c) Each day of non-compliance shall constitute a separate offense enforceable by the Department of Licenses and Inspections.
(4) Coordination. The Department shall ensure that registration information submitted under this Section aligns with and updates any property license applications and renewals under § 9-3902.
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§ 9-3902.2 Enforcement and Penalties.
(1) Failure to comply with this Chapter shall constitute grounds for license suspension or revocation.
(2) Each day of non-compliance shall constitute a separate offense, subject to a fine of one hundred dollars ($100) per day.
(3) The Department may deny or suspend any related business or rental license until compliance is verified.
(4) Tenant Remedy. In any action to recover rent, possession, or to evict a tenant from a property for which a license is required under this Chapter, a Non-Resident Landlord’s failure to comply with the requirements of § 9-3902 or § 9-3902.1 - including the failure to provide verifiable contact information or to designate a local agent - shall constitute a defense to such action.
1. No landlord shall be entitled to collect rent, late fees, or other charges for the period of non-compliance.
2. The defense provided herein shall not prevent the landlord from regaining compliance and thereafter enforcing their rights prospectively.
3. Nothing in this Section shall limit the City’s independent authority to enforce this Chapter or to impose fines, penalties, or license suspensions as otherwise provided.
SECTION 2. This Ordinance shall become effective ninety (90) days after enactment.
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