City of Philadelphia - File #: 180430

• File #: 180430
• Version: 0
• Type: Bill
• Status: ENACTED
• File created: 5/3/2018
• In control: Committee on Housing, Neighborhood Development and The Homeless
• Final action: 6/21/2018
• Title: Amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," Chapter 10-800, "Safety," by adding a new Section 10-840, "Criminal and Defiant Trespassers," establishing and clarifying procedures to remove criminal and defiant trespassers from real property, all under certain terms and conditions.
• Sponsors: Councilmember Oh, Councilmember Bass, Councilmember Blackwell, Councilmember Domb, Councilmember Henon, Councilmember Green, Councilmember O'Neill, Councilmember Squilla
• Indexes: SAFETY
• Code sections: 10-800 - Safety, Title 10 - REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY

Date	Ver.	Action By	Action	Result	Tally
9/13/2018	0	MAYOR	NO ACTION TAKEN
6/21/2018	0	CITY COUNCIL	READ AND PASSED	Pass	11:6
6/7/2018	0	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
6/7/2018	0	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
6/7/2018	0	CITY COUNCIL	READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR
6/4/2018	0	Committee on Housing, Neighborhood Development and The Homeless	HEARING NOTICES SENT
6/4/2018	0	Committee on Housing, Neighborhood Development and The Homeless	HEARING HELD
6/4/2018	0	Committee on Housing, Neighborhood Development and The Homeless	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
5/16/2018	0	CITY COUNCIL	Re-Referred
5/3/2018	0	CITY COUNCIL	Introduced and Referred	Pass

Title
Amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," Chapter 10-800, "Safety," by adding a new Section 10-840, "Criminal and Defiant Trespassers," establishing and clarifying procedures to remove criminal and defiant trespassers from real property, all under certain terms and conditions.

Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 10 of The Philadelphia Code is hereby amended to read as follows:

TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY.

* * *

CHAPTER 10-800. SAFETY.

* * *
§ 10-840. Criminal and Defiant Trespassers.

(1) Legislative Findings.

(a) Criminal and defiant trespassers create a condition that could erupt in violence endangering lives and promoting the prospect of injuries to persons and damage to properties, all of which poses a serious risk to the public health, safety and welfare.

(b) Criminal and defiant trespassers have no rights to occupy residential property as against the rights of the current owner or authorized agent of said residential property.

(c) There is also confusion about whether criminal and defiant trespassers are tenants. They are not, and have none of the rights of tenants.

(2) Definitions.

(a) Alleged Criminal and Defiant Trespasser. A criminal and defiant trespasser is a person who the owner of a property or authorized agent of said residential property alleges is criminally and defiantly trespassing on the owner's residential property under this Section 10-840.

(b) City of Philadelphia Appropriate Eviction, Ejectment Proceedings, and Emergency Housing Fact Sheet. A fact sheet created by the Law Department in consultation with appropriate City offices and departments, which shall, at a minimum:

(.1) Explain the procedures for eviction or ejectment available before the Court of Common Pleas...