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November 17, 2021
TO THE PRESIDENT AND MEMBERS OF THE COUNCIL OF THE CITY OF PHILADELPHIA:
I am hereby returning without my signature Bill No. 210205, which was passed by Council at its session on October 28, 2021. This Bill will amend Chapter 9 of Subcode PM ("The Philadelphia Property Maintenance Code") of Title 4 of The Philadelphia Code, entitled "Additional Special Requirements," to establish a program in which the City may perform certain urgent repairs and bill the property owner.
The Administration supports the intention of this Bill and understands that the violations targeted in this legislation - lack of heating and damaged plumbing - can be significantly detrimental to residents and near neighbors. It is important to help encourage property owners to maintain their properties in a manner that prevents displacement of residents, wherever possible which is why we already offer programs like the Basic Systems Repair Program, the Small Landlord Working Capital Loans, Restore Repair Renew, and the Rental Improvement Fund. Each of these programs gives property owners the opportunity to make desperately needed repairs at low costs. However, the Administration does have concerns about our capacity to effectively implement the program.
First, the Administration has concerns that in many cases, we will not be successful in gaining access to the property in order to make the necessary inspections and/or repairs. Each of the previously listed programs requires the consent of the property owner to make the necessary repairs. Outside of voluntary access or a court order, which is its own lengthy and difficult process, the Department of Licenses and Inspections (L&I) would not be able to enter the property and the repairs could not be made.
Furthermore, there are concerns regarding the liability that the City would be subject to if we performed these repairs. The Bill would require the City to enter a property that we do not own to effect repairs. C...
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