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Amending Chapter 9-800 of The Philadelphia Code, entitled “Landlord and Tenant,” to hereby authorize the creation of an Anti-Displacement Fund, to establish violations for displacement, and to authorize the Department of Planning and Development to administer the Anti-Displacement Fund; and amending Section A-505, entitled “Cease Operations Order” to add notice requirements, all under certain terms and conditions.
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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 9-800. LANDLORD AND TENANT
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§ 9-801 Legislative Findings
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(3) Fearful of eviction, tenants have been hesitant to report violations and have been compelled to live under conditions which are in violation of existing ordinances and which create situations dangerous to the health and safety of the tenants and the entire community.
(4) To encourage tenants to report violations and help maintain the safety and quality of our rental housing stock, relocation assistance should be available for tenants whose homes are deemed uninhabitable and are displaced as a result of a City-performed inspection.
[(4)] (5) Efforts of the existing Mayor's Fair Rent Committee to prohibit unfair rental practices has not proved effective because the Committee has lacked the power to subpoena witnesses or the production of records of owners or their agents who are leasing dwellings which are in violation of the Fire Code or the Housing Code as set forth in The Philadelphia Code.
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§ 9-815 Tenant Displacement Protections
(1) Anti-Displacement Fund.
(a) The creation of an Anti-Displacement Fund is hereby authorized, which shall be used exclusively to provide one time relocation assistance to tenants who are forced to vacate a residential rental property due to a Cease Operations Order issued pursuant to Section A-505 of the Philadelphia Administrative Code.
(b) The Department of Planning and Development is authorized to administer the Anti-Displacement Fund.
(1) Violation for Displacement. A residential property owner shall be in violation of this Chapter when a tenant is forced to vacate due to a Cease Operations Order that resulted from the fault or negligence of the owner, landlord, or agent thereof. In addition to penalties authorized pursuant to Section A-505.9 of the Philadelphia Administrative Code, each tenant who is displaced due to a Cease Operations Order shall constitute an additional violation of this Code, punishable as a Class III offense.
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SECTION 2. Title 4 of The Philadelphia Code is hereby amended to read as follows:
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
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SUBCODE “A” THE PHILADELPHIA ADMINISTRATIVE CODE
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CHAPTER 5 VIOLATIONS
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SECTION A-505 CEASE OPERATIONS ORDER
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A-505.10 Notice to Tenant: The Department shall provide a Notice of Intent to Cease Operations to each tenant of a residential rental property at least ten (10) days before issuing a Cease Operations Order on that property, provided that such notice is feasible in the interests of health and safety.
(a) If the Department has established an Anti-Displacement Fund, the Notice shall include information explaining that tenants displaced due to a Cease Operations Order may be eligible for relocation assistance from the Anti-Displacement Fund.
(b) The Notice shall include information explaining that tenants are protected from retaliation and harassment pursuant to § 9-804 of the Philadelphia Code.
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SECTION 3. This Ordinance shall become effective 90 days after it is adopted into law.
Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
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