[HISTORY: Adopted by the City Council of the City of Scranton 11-29-2022 by Ord. No. 36-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 373, Rental Property, comprised of Art. I, Landlord Registration, Licensing and Occupancy, adopted 3-22-2012 by Ord. No. 17-2012; amended 11-10-2016 by Ord. No. 58-2016, as subsequently amended.
This chapter shall be known and may be cited as the "Residential Empowerment of Neighborhoods, Tenants, and Landlords Ordinance of 2022" or the "Rental Act."
It is the purpose of this chapter and the policy of the City of Scranton to protect and promote the public health, safety, and welfare of its citizens by establishing rights and obligations of landlords and tenants relating to the rental of certain dwelling units in the City of Scranton. This chapter establishes rental licensing requirements for landlords; a system of inspections; and sets penalties for violations. This chapter shall be liberally construed and applied to promote its purposes and policies.
As used in this chapter, the following terms shall have the meanings indicated:
BENEFICIAL OWNER
A natural person who enjoys all or part of the benefits of ownership of a property, including when title to such property may be in the name of another person.
BUREAU
Bureau of Code Enforcement of the City of Scranton.
CODE
Any provision of Scranton City Code or any ordinance adopted, enacted, and/or in effect in and for the City concerning fitness for habitation or the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit, including but not limited to Chapter 203, Contractors, Permits, and Inspections, Chapter 215, Electrical Standards, Chapter 243, Fire Prevention, Chapter 296, Human Relations and Discrimination, Chapter 317, Noise, Chapter 345, Plumbing, Chapter 359, Condemned Property, Chapter 360, Property Maintenance, Chapter 375, Rooming Houses, Chapter 400, Solid Waste, Chapter 412, Streets and Sidewalks, Chapter 434, Trees and Weeds, and Chapter 445, Zoning.
CODE OFFICIAL
The Director of Code Enforcement, the Building Code Official, any housing inspector, or any assistants, designees, or designated vendors thereof.
DWELLING UNIT
A room or group of rooms within a structure forming a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
LANDLORD
One or more persons, jointly or severally, in whom is vested all or part of the legal title to or ownership of the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in constructive or actual possession of a residential rental unit.
MANAGER
Any person who manages the operation of any residential rental unit and/or residential rental property on behalf of a landlord.
PERSON
An individual, corporation, partnership, or any other group acting as a unit.
PREMISES
Any lot, plot, or parcel of real property in the City of Scranton, including the land and all buildings and appurtenant structures or appurtenant elements, on which one or more residential rental units are located.
RESIDENTIAL RENTAL PROPERTY
Any real property in the City of Scranton containing one or more residential rental units. Residential rental property shall include all premises of such property.
RESIDENTIAL RENTAL UNIT
A dwelling unit in the City of Scranton subject to a rental agreement between at least one tenant and the landlord. Residential rental unit shall not include any:
A. 
Dwelling unit in which the landlord resides with one or more tenants;
B. 
Hotel, motel, or bed-and-breakfast, as defined by the City Zoning Code;[1]
C. 
Hospital, nursing home, residential treatment facility, nursing facility, physical therapy facility, or assisted living facility, as may be defined by the City Zoning Code;[2]
D. 
Drug, alcohol, or other dependency treatment facility, halfway house, residence or other facility devoted to monitoring and promoting a sober or substance-free lifestyle;
E. 
Rooming houses under Chapter 375;
F. 
A community or group home facility licensed as such by the Pennsylvania Department of Public Welfare; or
G. 
Public housing under Section 9 of the U.S. Housing Act of 1937.
TENANCY
Any period of time during which a tenant has the right, through legal agreement, to reside in a residential rental unit.
TENANT
An individual who resides in a residential rental unit, with whom a legal relationship with the landlord is established by an oral or written lease or by other legally enforceable agreement, including a sublease or rent-to-own agreement.
[Amended 9-19-2023 by Ord. No. 82-2023]
[1]
Editor's Note: See Ch. 445, Zoning.
[2]
Editor's Note: See Ch. 445, Zoning.
A. 
Licensing and inspection. Every landlord shall comply with the licensing, inspection, and other requirements of this chapter.
B. 
Maintenance of premises. Every landlord shall maintain the premises in compliance with all codes, as well as applicable state and federal law and regulations, and the landlord shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs or other actions necessary to fulfill this obligation. Upon the landlord receiving notice of any code violations from the Code Official, the landlord shall promptly take action to abate the offending condition and correct the violation.
(1) 
The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling. In such case, however, such agreement between the landlord and tenant must be in writing. Such an agreement may be entered into between the landlord and tenant only if:
(a) 
The agreement of the parties is entered into in good faith, for consideration, and not for the purpose of evading the obligations of the landlord or tenant; and
(b) 
The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
(2) 
In no case shall the existence of any agreement between landlord and tenant relieve a landlord of any responsibility under this chapter or other code.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Complaints, was repealed 9-19-2023 by Ord. No. 82-2023.
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, Inspection access hours, was repealed 9-19-2023 by Ord. No. 82-2023.
E. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E, Tenant guidebook, was repealed 9-19-2023 by Ord. No. 82-2023.
F. 
Self-help evictions. No landlord may undertake a self-help eviction of any tenant contrary to Pennsylvania Landlord Tenant Act,[4] as may be amended.
[4]
Editor's Note: See 68 P.S. § 250.101 et seq.
G. 
Retaliation.
[Amended 9-19-2023 by Ord. No. 82-2023]
(1) 
Retaliation prohibited. A landlord may not terminate or refuse to renew a lease; alter any term or condition of an existing lease to the detriment of a tenant; or attempt to coerce a tenant into terminating, altering, or refraining from renewing an existing lease in retaliation for any of the following actions performed by the tenant or a member of the tenant's household:
(a) 
Requesting the landlord to make repairs to the residential rental property;
(b) 
Exercising any lawful self-help measure such as the right to withhold rent or to make necessary repairs and deduct the cost of those repairs from the rent;
(c) 
Filing a complaint or cooperating with a governmental agency or public official responsible for enforcing this chapter and/or a building, housing, health, consumer protection, or similar law; or
(d) 
Testifying at a public hearing or in any court or administrative proceeding concerning the conditions of the residential rental property or the landlord's compliance with this chapter.
(2) 
Reasonable concern. Such action performed by the tenant or a member of the tenant's household must be reasonably related to a reasonable concern regarding a condition of the residential rental property, and such condition must be within the landlord's control.
(3) 
Legal standard.
(a) 
In any legal proceeding involving an alleged retaliatory action by a landlord against a tenant, the court shall consider the totality of the circumstances to determine if such action was, more likely than not, retaliatory.
(b) 
The court shall consider the following factors, among others, as part of the totality of circumstances:
[1] 
The timing of the alleged retaliatory action in relation to the tenant's or household member's action;
[2] 
Any communications between the tenant and the landlord; and
[3] 
Any relevant past practice of the landlord, with respect to the tenant or other tenants; and
[4] 
Whether the landlord has provided a legitimate, nonretaliatory reason.
H. 
Disorderly conduct. Every landlord shall utilize all legal means available to them to evict any tenant(s) who routinely engages in disorderly conduct, disturbing the public peace, creating excessive noise as regulated by Chapter 317, or violating any criminal law of the Commonwealth of Pennsylvania relating to the illegal distribution of drugs. The term "routinely engages" is defined as three or more violations of any of the foregoing in any sixty-day period or nine or more violations in any period of 12 consecutive months. However, the City shall not penalize any resident, tenant, or landlord for a contact made for police or emergency assistance by or on behalf of a victim of abuse as defined in 23 Pa.C.S.A. § 6102, as may be amended; a victim of a crime pursuant to 18 Pa.C.S.A. as may be amended; or an individual in an emergency pursuant to 35 Pa.C.S.A. § 8103, as may be amended, if the contact was made based upon the reasonable belief of the person making the contact that intervention or emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime, or emergency or if the intervention or emergency assistance was actually needed in response to the abuse, crime, or emergency. Nothing in this chapter shall be interpreted as to curtail any legal right a landlord has to bifurcate a lease to evict some, but not all, tenants.
[Added 9-19-2023 by Ord. No. 82-2023]
A. 
Garbage removal. The tenant shall dispose from his or her residential rental unit all rubbish, garbage, and other waste in a clean and safe manner, and separate and place for collection all recyclable materials, in compliance with City's Solid Waste Code and all other applicable laws and regulations.
B. 
Rental agreement. The tenants shall comply with all lawful provisions of the rental agreement entered into between landlord and tenants.
C. 
Damage. The tenant shall not intentionally cause, nor permit nor tolerate others to intentionally cause, damage to the premises. Such conduct which results in damages exceeding $500 shall be considered a violation of this chapter.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, Inspection of premises, was repealed 9-19-2023 by Ord. No. 82-2023.
A. 
Rental license required.
(1) 
A landlord shall apply for and obtain a rental license for each residential rental unit in each calendar year in which said unit is occupied for any part of that year.
(2) 
Accordingly, a landlord may not furnish or allow occupancy of a residential rental unit without a rental license. During any period of noncompliance, no landlord may collect rents otherwise due for the rental of the residential rental unit, unless and until they shall have complied with this chapter and been issued a rental license. Nothing herein shall be construed to prevent a landlord, upon receipt of the rental license, from receiving the equitable value of the occupancy of the residential rental unit from the earliest date of occupancy, but in no event shall a landlord recover in excess of the agreed rent in the form of late fees or other penalties.
B. 
Application timeline.
(1) 
A landlord shall apply by March 15 of a given year for every residential rental unit requiring renewal of the rental license.
(2) 
A landlord shall apply within 30 days of the commencement of any tenancy for any residential rental unit not already operating under a valid, current rental license.
(3) 
For the calendar year 2023 only, all landlords must apply by September 15, 2023, for all residential rental units occupied at any time between January 1, 2023, and September 15, 2023. Subsection B(2) shall begin to apply on September 16, 2023.
[Amended 3-16-2023 by Ord. No. 52-2023]
C. 
Rental license information.
(1) 
Every landlord shall submit to the Bureau a rental license application, on a form to be determined by the City, that shall require at least the following information:
(a) 
Landlord name, address, email, and direct telephone number;
(b) 
The address of the residential rental property;
(c) 
A listing of all residential rental units within the residential rental property;
(d) 
Rental contact name, address, email, and direct telephone number; and
(e) 
Name, address, email, and direct telephone number of any other manager.
(2) 
The rental license information shall be verified and/or subject to the provisions of Pennsylvania Statute, 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
D. 
Designation of rental contact.
(1) 
Rental contact required. For each residential rental unit, the landlord shall designate at least one rental contact for the unit.
[Amended 9-19-2023 by Ord. No. 82-2023]
(2) 
Eligibility. A rental contact may only be:
[Amended 9-19-2023 by Ord. No. 82-2023]
(a) 
The landlord themself, if the landlord's primary residence is located within the City or within a twenty-five-mile drive of the residential rental unit;
(b) 
A designated manager whose primary residence is located within the City or within a twenty-five-mile drive of the residential rental unit;
(c) 
An officer, partner, or beneficial owner of a landlord, as the case may be when such landlord is an entity, whose primary residence is located within the City or within a twenty-five-mile drive of the residential rental unit;
(d) 
Any other adult natural person whose primary residence is located within the City or within a twenty-five-mile drive of the residential rental unit;
(e) 
A professional, licensed real estate management firm with an office located within the City or within a twenty-five-mile drive of the residential rental unit; or
(f) 
An entity which is excluded from licensure under the Real Estate Licensing and Registration Act,[1] as may be amended, with an office located within the City or within a twenty-five-mile drive of the residential rental unit, which entity has been granted legal authority by the property owner in accordance with the laws of the commonwealth as the agent responsible for operating such property in compliance with the ordinances adopted by the City.
[1]
Editor's Note: See 63 P.S. § 455.101 et seq.
(3) 
Agency. The rental contact shall be the agent of the landlord for service of process and receiving of notices and demands, as well as for performing the obligations of the landlord under this chapter and under rental agreements with tenants. However, in no case shall the landlord be relieved of responsibility for compliance.
(4) 
Emergency contact. The rental contact shall be reachable by telephone by the City 24 hours a day, seven days a week, as emergency situations require immediate telephonic and/or in-person contact. The landlord may supplement the rental contact's information with additional rental contacts' information if needed to ensure 24/7 contact availability via telephone and to respond to the premises if necessary.
(5) 
Exception. A landlord may designate a rental contact who is not eligible under Subsection D(2) if the landlord, in writing and pursuant to 18 Pa.C.S.A. § 4904, attests that such designation shall not inhibit compliance with Subsection D(1), (3), and (4) notwithstanding the ineligibility of that rental contact. A landlord may designate their sole rental contact, some of their rental contacts, or all their rental contacts pursuant to this exception.
[Added 9-19-2023 by Ord. No. 82-2023]
E. 
Rental license fees. The fee for a rental license shall be paid at the time of application and shall be assessed for each building within a residential rental property, based on the number of residential rental units requiring a rental license at the time of application contained in such building, as follows:
Number of Units
Fee
1 to 3
$45 per residential rental unit
4 to 9
$150 flat fee
10 to 19
$250 flat fee
20 to 49
$350 flat fee
50+
$450 flat fee
F. 
Outstanding noncompliance. No rental license shall be issued if:
(1) 
The landlord has not paid any fines or costs arising from enforcement of this chapter or any codes;
(2) 
Any licensing or inspection fees under this chapter are due and owing the City; or
(3) 
A code violation remains unresolved at the time the rental license application is received by the City.
G. 
Rental license disclosure to tenants.
(1) 
On or before the commencement of the tenancy, the landlord shall provide to all tenants a copy of the current year's rental license; or
(2) 
If the current year's rental license is obtained after the commencement of the tenancy, the landlord shall provide to all tenants:
(a) 
A copy of the prior year's rental license, if applicable, on or before the commencement of the tenancy; and
(b) 
A copy of the current year's rental license within 10 calendar days of receiving such license from the City.
H. 
Changes in rental license information.
(1) 
The landlord shall provide any change of any information contained in the rental license application to the Bureau and in writing within 10 calendar days of such change. Within a reasonable time, the Bureau shall issue an updated rental license under the provisions of this chapter.
(2) 
The landlord shall provide to all tenants whose residential rental property is affected by any change of information a copy of any updated rental license within 10 calendar days of receiving such license from the City.
(3) 
Any change in ownership of the premises or of the number of residential rental units on the premises shall be provided to the Bureau in writing within 10 calendar days of such change.
(4) 
Any change of a dwelling unit from owner-occupied (whereby the owner resides on a regular, permanent basis) to non-owner-occupied, thereby transforming the dwelling unit into a residential rental unit for purposes of this chapter, shall be provided to the Bureau in writing within 10 calendar days of such change.
I. 
Immediate family exception. Residential rental units occupied by immediate members of the owner's family shall be exempt from paying any rental license fee or initial regular inspection fee. This exception only applies if not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the residential rental unit at any given time. The Code Official shall have the authority to determine whether this exception applies in any given case.
A. 
Regular health and safety inspection. Every residential rental unit shall be subject to a regular health and safety inspection ("regular inspection"), no more frequently than every three years, by a City Code Official or other designated inspector, unless the responsible landlord exception pursuant to § 373-7H applies. The inspection shall include all premises that a tenant is permitted to occupy or traverse and may also include the premises generally.
B. 
Regular inspection scheduling. The Bureau shall provide reasonable notice to the landlord prior to initiating a regular inspection.
C. 
Regular inspection fees.
[Amended 9-19-2023 by Ord. No. 82-2023]
(1) 
Initial inspection fees. The fee for a regular inspection shall be due by the time of the regular inspection and shall be assessed for each building, based on the number of residential rental units requiring a rental license at the time of application contained in such building, as follows:
Number of Units
Fee
1 to 3
$50 per residential rental unit
4 to 9
$200 flat fee
10 to 20
$250 flat fee
20+
$300 flat fee
(2) 
Reinspection fees. The fee for a reinspection to verify correction of any violations shall be due by the time of the reinspection and shall be assessed for each residential rental unit requiring reinspection, as follows:
(a) 
First reinspection: no charge.
(b) 
Any further reinspection: the amount of the initial inspection fee as if the building consisted only of those residential rental units requiring reinspection.
D. 
Passing regular inspection. In order to maintain the rental license, each residential rental unit must pass regular inspection, which shall be evidenced by the City providing an updated rental license stating, at a minimum, the most recent date such unit passed regular inspection and the date the residential rental unit shall be eligible for the next regular inspection.
[Amended 9-19-2023 by Ord. No. 82-2023]
E. 
Formal warning.
[Amended 9-19-2023 by Ord. No. 82-2023]
(1) 
Following each inspection for which one or more violations of this chapter exists, the Code Official shall issue a formal warning to the landlord which incorporates the content of the Code Official's report. The formal warning shall be considered moot when every violation in the formal warning has been corrected. A residential rental unit shall not be considered to have passed regular inspection while a formal warning is outstanding.
(2) 
Failure of a residential rental unit to undergo regular inspection within 45 days of the notice pursuant to Subsection B shall not, in and of itself, constitute a violation of this chapter subject to penalties under § 373-9. However, the Code Official shall then issue a formal warning to the landlord that the rental license for such residential rental unit shall be suspended pursuant to § 373-8 if a regular inspection is not conducted within a reasonable time set by the Code Official. Where such failure to undergo timely regular inspection is caused by unreasonable inactivity or delay on the part of the City, issuance of a formal warning or suspension of the rental license, as the case may be, shall be postponed for a reasonable period commensurate with the period of such unreasonable inactivity or delay.
F. 
Code official authority. Any Code Official is hereby designated as the official authorized to oversee enforcement of this chapter and may, at their discretion, take appropriate measures to abate violations hereof, for and on behalf of the City.
G. 
Ad hoc inspections.
(1) 
Nothing in this chapter shall be construed as to limit the Code Official's authority to conduct inspections of premises, whether or not subject to the licensing and inspection requirements of this chapter, pursuant to any other ordinance or code.
(2) 
Nothing in this chapter shall be construed as to limit the Code Official's authority to conduct inspections of premises of a suspected residential rental property, whether or not a rental license has been obtained for such property.
(3) 
Nothing in this chapter shall be construed as to limit or restrict the Code Official's authority to conduct inspections related to a health or safety concern reported at any time in a suspected or actual residential rental property.
H. 
Responsible landlord exception. If all residential rental units of a residential rental property pass regular inspection unconditionally upon initial inspection, all such units, at the discretion of the Bureau, need not be subject to their next regular inspection for five years, notwithstanding the three-year provision of Subsection A.
I. 
Search warrant. Upon a showing of probable cause of a violation of this chapter or any other Code, the Code Official may apply to any court having jurisdiction in the City of Scranton for a search warrant to enter and inspect a property that is confirmed to be or reasonably believed to be a residential rental property.
[Amended 9-19-2023 by Ord. No. 82-2023]
J. 
Inspection coordination. Where the Bureau determines that a residential rental unit is subject to inspection by another entity, including but not limited to the Scranton Housing Authority, the Bureau may, by agreement or by unilateral action, coordinate its activity under this section with such other inspections or otherwise make alternate arrangements for such residential rental unit. The Bureau may establish any terms or conditions to such coordination or arrangement not inconsistent with the purposes of this chapter.
[Added 9-19-2023 by Ord. No. 82-2023]
K. 
Tenant delay or denial.
[Added 9-19-2023 by Ord. No. 82-2023]
(1) 
A landlord shall not be subject to sanctions or penalties under this chapter for the delay or denial of an inspection caused solely by a tenant, a household member of a tenant, or any other person on the premises with a tenant's consent.
(2) 
Nothing in this subsection shall be construed to limit enforcement of § 373-4H, Disorderly conduct, or to limit any authority of the Code Official under this chapter, including but not limited to § 373-7F, Code official authority, and § 373-7I, Search warrant.
L. 
Rights retained. Nothing in this chapter shall be construed to provide authority for any inspection not otherwise in compliance with applicable law, including but not limited to the constitutional right to be free from unreasonable searches and seizures. The legal refusal by any person, landlord or tenant, to permit an inspection shall not itself be a violation of this chapter.
[Added 9-19-2023 by Ord. No. 82-2023]
A. 
Sanctions permitted. After making a reasonable investigation, the Code Official may initiate disciplinary action against a landlord by issuing a formal warning or refusing to renew, suspending, revoking, or refusing to issue the landlord's rental license for violating any provision of this chapter that imposes a duty upon the landlord, including furnishing or allowing the occupancy of a residential rental unit without a rental license.
B. 
Licensing sanction options.
(1) 
Nonrenewal. The denial of the privilege to receive a renewed rental license for that residential rental unit after expiration of a previous rental license. The City shall permit the landlord to maintain tenants in the residential rental unit until the end of the rental license term but will not accept applications for license renewal or authorize the renewal of a rental license until any and all violations of this chapter and/or any formal warnings are resolved.
(2) 
Suspension. The immediate loss of the license to rent a residential rental unit for a period of time set by the Code Official due to the failure of landlord to resolve all violations or other unmet rental license requirements set forth in a prior formal warning. Upon suspension, the Code Official may deem the property uninhabitable and may order the residential rental unit be vacated of all tenants until the property is inspected or reinspected and all health and safety issues previously identified have been resolved.
[Amended 9-19-2023 by Ord. No. 82-2023]
(3) 
Revocation.
(a) 
The immediate loss of the rental license for that residential rental unit for a period of time set by the Code Official due to:
[1] 
Three or more violations of this chapter within a consecutive twelve-month period; or
[2] 
Some identifiable misrepresentation or material omission concerning the conditions of the property or the fees required by this chapter;
(b) 
In cases where revocation is imposed, the residential rental property in its entirety may be ineligible for a rental license until the expiration of a time period not to exceed 12 months shall have passed from the date all ongoing violations of this chapter have been corrected.
(c) 
Upon revocation, the Code Enforcement Official may consider the property uninhabitable, and all tenants may be vacated until the time period set has expired, the property is reinspected, and all health and safety issues previously identified have been resolved.
(4) 
Reinstatement. A rental license shall be reinstated if the landlord corrects the reason for the revocation of the rental license, has paid the rental license reinstatement fee, which shall be equal to the rental license fee, and has satisfied all other reasonable requirements imposed by the Code Official.
(5) 
Refusal to issue. In the case of a landlord who furnishes or allows the occupancy of a residential rental unit without a rental license, the Code Official may refuse to grant a rental license or may take any other action pursuant to a nonrenewal, suspension, or revocation.
C. 
Criteria for applying sanctions.
(1) 
The Code Official, when applying sanctions, shall consider the following factors, as applicable, and render a decision based on the totality of the circumstances:
(a) 
The effect of the violation on the health, safety, and welfare of the tenants of the residential rental unit and other residents of the residential rental property;
(b) 
The effect of the violation on the neighborhood;
(c) 
Whether the landlord has prior violations of this chapter or other codes;
(d) 
Whether the landlord has received notices as provided for in this chapter;
(e) 
Whether the landlord has previously been subject to sanctions under this chapter;
(f) 
The effect of sanctions against the landlord on the tenants;
(g) 
The action taken by the landlord to remedy the violation and to prevent future violations, including any written plan submitted by the landlord;
(h) 
The policies and rental agreement language employed by the landlord to manage the residential rental unit to enable the landlord to comply with the provisions of this chapter; and
(2) 
In addition to enforcing sanctions as set forth above, the Code Official may impose upon any existing or subsequent license any reasonable conditions related to fulfilling the purposes of this chapter.
D. 
Grounds for imposing sanctions. Any of the following may subject a landlord to sanctions as provided for in this chapter:
(1) 
Violating any provision of this chapter;
(2) 
Failing to abate a violation of this chapter or any other code within the reasonable time directed by the Code Official;
(3) 
Refusing to permit the regular or ad hoc inspection of a residential rental unit by the Code Official; or
[Amended 9-19-2023 by Ord. No. 82-2023]
(4) 
Making some identifiable misrepresentation or material omission in the application for a rental license, in the application for renewal of such, or in any communication with the City or any tenant concerning the conditions of the property.
E. 
Sanctions procedure.
[Amended 9-19-2023 by Ord. No. 82-2023]
(1) 
Notification. After imposing a sanction authorized by this chapter, the Code Official shall promptly notify the landlord. Such notification shall be in writing, addressed to the landlord and any rental contact, and shall contain the following information:
(a) 
The address of the residential rental property in question and identification of the particular residential rental unit(s) affected;
(b) 
A description of the violation which has been found to exist;
(c) 
A statement that the rental license has been, as the case may be, subjected to a formal warning, suspended, revoked, or will not be renewed. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence and the terms under which the suspension or revocation shall end, including its duration. In the case of a nonrenewal, the notice shall state under which conditions renewal shall be permitted; and
(d) 
A statement that any landlord affected by the nonrenewal, suspension, or revocation of a license, but who allows or furnishes the occupancy or continued occupancy of a residential rental unit during a period of nonrenewal, suspension, or revocation, shall be subject to the penalties set forth in this chapter and any other remedies available at law or equity.
(2) 
Delivery of notification. All notifications required by this chapter shall be served upon the landlord at the address and/or email stated on the most current license application for the residential rental unit, in accordance with the requirements of the International Property Maintenance Code, as adopted by the City. Service shall be deemed completed when deposited in a suitably addressed envelope with the proper amount of prepaid postage in a receptacle of the United States Postal Service designated as a collection point for first class mail.
(3) 
Appeals.
(a) 
Any landlord affected by the action, decision, notice, or order of the Code Official, except those matters that have become the subject of citations submitted to a court of competent jurisdiction, shall have the right to appeal to the Housing Board of Appeals, provided that a written application for appeal is filed within 10 calendar days from the date the decision, action, notice, or order was served. An application for appeal may be made when it is claimed that:
[1] 
The true intent of the codes or rules legally adopted thereunder have been incorrectly interpreted; and/or
[2] 
The provisions of this code do not fully apply; and/or
[3] 
The period of license sanctions was not appropriate.
(b) 
Each appeal must be accompanied by a fee of $150, payable in advance to the City of Scranton. This fee shall be refundable to the appellant if the Housing Appeals Board reverses the action, decision, notice, or order of the Code Official.
(c) 
Appeals from the Board can be taken within 30 days of the date of the decision of the Board to the Court of Common Pleas of Lackawanna County. Said appeal shall be limited to the Court reviewing the record made at the Board's hearing, and the scope of review shall be limited to whether or not the Board abused its discretion in rendering its decision. The Board can only be reversed by the Court of Common Pleas of Lackawanna County if it is determined by said court that the Appeals Board had in fact abused its discretion. Appeals beyond the Court of Common Pleas of Lackawanna County shall be governed by the applicable rules and laws pertaining to the same.
A. 
Penalties.
(1) 
Any person who shall violate a provision of this chapter or shall fail to comply with any of the requirements hereof shall, upon conviction before a Magisterial District Judge having competent jurisdiction in the City of Scranton, be liable to pay the following penalties for each and every offense:
(a) 
First violation: a fine of no less than $100 and no more than $500, or 30 days' imprisonment, or both;
(b) 
Second violation: a fine of no less than $300 and no more than $750, or 60 days' imprisonment, or both;
(c) 
Third and each subsequent violation: a fine of no less than $500 and no more than $1,000, or 90 days' imprisonment, or both.
(2) 
Each day a person violates any provision of this chapter, including each day a landlord furnishes or allows the occupancy of a residential rental unit without a rental license, shall constitute a separate offense.
[Amended 9-19-2023 by Ord. No. 82-2023]
B. 
Receivership. In exigent circumstances, or in circumstances where actions consistent with this chapter have failed to result in a rental properly being brought into compliance, and where all other options contained in this chapter have been exhausted, and/or where a large number of City residents may be impacted by the City's pursuit of closure of the property, the City may, in its discretion, pursue receivership of the property and petition the Court of Common Pleas for the appointment of a receiver until such issues have been fully resolved and the continued safety of the residents has been ensured.
C. 
Nonexclusive remedies. The penalty provisions of this chapter and the rental license nonrenewal, suspension, and revocation procedures provided in this chapter shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the City as may be deemed appropriate for carrying out the purposes of this chapter. The remedies and procedures provided in this chapter for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the City in the case of a violation of any other code or ordinance of the City, whether or not such other code or ordinance is referenced in this chapter and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this chapter.
Any tenant or group of tenants may enforce compliance this chapter with respect to any violation affecting their residential rental unit(s) or residential rental property through private cause of action in the Magisterial District Court with competent jurisdiction.
A. 
The City may establish and maintain a list of potential residential rental properties, using any and all sources of data available to it and legally allowable for such purpose, including but not limited to property transaction records, licensing and permit information, public advertisements for rental units, police and fire data, visual identification, and third-party data providers.
B. 
The City may give notice to potential landlords and/or potential managers that the City has identified such a potential residential rental property owned or managed by them. Potential landlords and potential managers may be required to respond to such notice within a reasonable time, as determined by the City.
C. 
If potential landlord or potential manager does not, within such time, provide sufficient evidence that the property in question is not a residential rental property, and the City has reasonable belief that the property is in fact a residential rental property, the City may treat such property as a residential rental property and enforce the provisions of this chapter accordingly.
A. 
Notices.
(1) 
For purposes of this chapter, any notice required hereunder to be given to a rental contact shall be deemed as notice given to the landlord.
(2) 
There shall be a rebuttable presumption that any notice required to be given to the landlord under this chapter shall have been received by such landlord if the notice was given to the landlord in the manner provided by this chapter.
(3) 
A claimed lack of knowledge by the landlord of any violation hereunder cited shall be no defense to license nonrenewal, suspension, or revocation proceedings as long as all notices prerequisite to institution of such proceedings have been given and deemed received in accordance with the applicable provisions of this chapter.
B. 
Landlords severally responsible. If any residential rental unit is owned by more than one person, in any form of joint tenancy, as a partnership, or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this chapter, and shall be severally subject to prosecution for the violation of this chapter.
C. 
Transparency. The Bureau may make public information regarding the past and current compliance or noncompliance with this chapter and/or other codes of any residential rental property, residential rental unit, landlord, manager, or rental contact, unless such information is protected from publication by other law. The Bureau may make such information available online in a searchable format. However, in no case shall the Bureau require additional information from or place any additional duty, responsibility, or requirement on any landlord, manager, or rental contact in furtherance of this subsection.
[Amended 9-19-2023 by Ord. No. 82-2023]
D. 
Citations. A record of any unpaid citations for property maintenance violations shall be conclusive evidence of a violation of this chapter.
E. 
Other remedies. This chapter is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the City against a landlord, tenant, or guest thereof.
F. 
Rules and regulations. The Department of Community Development is hereby authorized to promulgate such forms, rules, and regulations not inconsistent with this chapter or any other law in furtherance of the administration of this chapter.
[Added 9-19-2023 by Ord. No. 82-2023]