Borough of Leetsdale, PA Rental Units

It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with all applicable Codes and provisions of all other applicable state laws and regulations and local ordinances and to keep such property in good and safe condition.

As provided for in this chapter, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. As provided for in this chapter, every owner shall also be responsible for regulating the conduct and activities of the occupants of every one which he, she or it owns in the Borough, which conduct or activity takes place at such regulated rental unit or its premises.

In order to achieve those ends, every owner of a regulated rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement, as more fully set forth below.

(4)

This section shall not be construed as diminishing or relieving, in any way, the responsibility of the occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer, or projection over or onto any owner of any responsibility or liability which occupants or their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding, or criminal law; nor shall this section be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law.

(5)

This chapter is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough against the owner, occupant, or guest thereof.

Designation of manager. Every owner who is not a full-time resident of the Borough of Leetsdale or elsewhere in an area that is a local call from the Borough of Leetsdale shall designate a manager who shall reside in an area that is a local call from the Borough of Leetsdale. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside in the aforesaid calling area. The officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required if a partner does not reside in the aforesaid calling area. Said partner shall perform the same function as a manager. The manager shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this chapter and under rental agreements with occupants. The identity, address and telephone number(s) of a person who is designated as manager hereunder shall be provided by owner or manager to the Borough's Secretary, and such information shall be kept current and updated as it changes.

Disclosure.

The owner or manager shall disclose to the occupant in writing on or before the commencement of the tenancy:

The name, address and telephone number of the manager; and

The name, address and telephone number of the owner of the premises.

Before any occupant initially enters into or renews a rental agreement for a regulated rental unit, the owner or manager shall furnish the occupant with the most recent inspection report relating to the property.

Maintenance of premises.

The owner shall maintain the premises in compliance with the Codes of the Borough and shall regularly perform all routine maintenance, including lawn mowing and ice/snow removal and shall promptly make any and all repairs necessary to fulfill this obligation.

The owner and occupant may agree that the occupant is to perform specific repairs, maintenance tasks, alterations, or remodeling. In such case, however, such agreement between the owner and the occupant must be in writing. Such an agreement may be entered into between the owner and occupant only if:

The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or occupant; and

The agreement does not diminish or affect the obligation of the owner to other occupants in the premises.

In no case shall the existence of any agreement between owner and occupant relieve an owner of any responsibility under this chapter or other ordinances or codes for maintenance of premises.

Written rental agreement.

All agreements for regulated dwelling units shall be in writing and shall be supplemented with the addendum attached hereto as Exhibit "A."[1] No oral leases and no oral modifications thereof are permitted. All disclosure and information required to be given to occupants by the owner shall be furnished before the signing of the rental agreement. The owner shall provide occupant with copies of the rental agreement and addendum upon execution.

[1]

Editor's Note: Said addendum appears at the end of this chapter.

Terms and conditions. Owner and occupant may include in a rental agreement terms and conditions not prohibited by this chapter or other applicable ordinances, regulations, and laws, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

Prohibited provisions. Except as otherwise provided by this chapter, no rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this chapter. Any provision prohibited by this subsection included in a rental agreement is unenforceable.

(4)

Attachment of chapter to rental agreement. Following the effective date of this chapter, a copy of this chapter provided to owner by the Borough at the time of licensing, shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a copy has been provided when the rental agreement was first executed, a copy does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this chapter, the owner shall provide the occupants with a copy of this chapter within 60 days after enactment of this chapter.

Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupants and the Borough within 48 hours.

Landlord-Tenant Act. The owner shall comply with all provisions of the Landlord-Tenant Act[2] of the Commonwealth of Pennsylvania.

[2]

Editor's Note: See 68 P.S. § 250.101 et seq.

Common areas. Where an owner does not regulate the use of the common areas and the behavior of occupants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guest in the common area as if the owner were an occupant.

§ 230-3 Occupant duties.

General duties. The occupant shall comply with all obligations imposed upon occupants by this chapter, all applicable codes and ordinances of the Borough and all applicable provisions of state law.

Health and safety regulations.

The maximum number of persons permitted in any regulated rental unit at any one time shall not exceed the standards outlined in the Borough Code and the BOCA Basic Property Maintenance Code Section PM 405.0 concerning occupant load, or the applicable Code, if most restrictive. The maximum number of persons permitted in the common areas of any multiple-unit dwelling at any one time shall not exceed one person for each 15 square feet of common area on the premises.

The occupant shall dispose from his or her regulated rental unit all rubbish, garbage, and other waste in a clean and safe manner prescribed in Borough Ordinances and separate and place for collection all recyclable materials in compliance with the Recycling Plan of the Borough of Leetsdale Solid Waste and Recycling Ordinance.[1]

[1]

Editor's Note: See Ch. 252, Solid Waste.

Peaceful enjoyment. The occupant shall conduct himself or herself and require other persons including but not limited to guests on the premises and within his or her regulated rental unit with his or her consent to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others and that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying the same.

Residential use. The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit for no other purpose than as a residence.

Illegal activities. The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. 101 et seq.) or Liquor Code (47 P.S. § 1-101 et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).

Disruptive conduct.

[Amended 11-9-2017 by Ord. No. 667]

Disruptive conduct prohibited.

It shall be the responsibility of every owner or landlord, or responsible agent, to regulate lawful and proper use of all rental units and to discourage and prevent as may be possible the occurrence of disruptive conduct through the rental agreement and the enforcement thereof.

The tenants, occupants, and invited guests of rental units shall not engage in, nor tolerate, nor permit others on the premises to engage in disruptive conduct or other violations of the Borough Code or the laws of the Commonwealth of Pennsylvania.

In order for such disruptive conduct to constitute an offense under this article, a citation must be issued by the Code Enforcement Officer or criminal charges must be filed by a police officer and successfully prosecuted or a guilty plea entered before a Magisterial District Judge or Court of Common Pleas Judge. If an appeal is filed from a decision of a Magisterial District Judge, the matter shall not be deemed to constitute disruptive conduct, unless a finding of guilty is affirmed by a final decision of appeal.

Investigations; notices.

Police officers or the Code Enforcement Officer, as the case may be, may investigate alleged incidences of disruptive conduct, and shall complete a disruptive conduct report upon finding that the reported incident constitutes disruptive conduct as defined herein.

The information filed in the disruptive conduct report shall include the identity of the alleged perpetrator of the disruptive conduct and the factual basis for the issuance of the disruptive conduct report.

The Code Enforcement Officer or police officer shall issue a disruptive conduct letter within 10 business days of the filing of the disruptive conduct report and shall mail a copy of the disruptive conduct letter to the tenant or occupant, owner or landlord, and, if applicable, responsible agent.

(d)

The tenant or occupant, owner or landlord, or responsible agent shall have 10 business days from the postmarked date of the disruptive conduct letter to appeal the disruptive conduct report. Said appeal shall be made in writing on a standardized form made available by the Borough. The appeal shall be made to Borough Council for consideration as to whether the alleged perpetrator engaged in disruptive conduct.

(e)

The disruptive conduct report shall be counted only against those tenants or occupants who perpetrated, caused, or permitted disruptive conduct to occur. All alleged incidences of disruptive conduct that occur at a rental unit during a twenty-four-hour period shall, upon conviction as described herein, constitute a single count of disruptive conduct and shall be included on a single disruptive conduct report for the purposes thereof.

(f)

Nothing herein shall be construed as to preempt the right of a tenant or occupant to seek emergency assistance in response to the witnessing of a crime or a threat of imminent bodily harm, and any disruptive conduct report resulting from the exercise of such right shall not count against the tenant or occupant who sought emergency assistance unless a police officer concludes that said tenant or occupant perpetrated disruptive conduct and successfully prosecutes a citation or criminal charges as described herein. No disruptive conduct report shall be filed if the perpetrator of the disruptive conduct was an uninvited person.

(g)

No disruptive conduct report shall be filed if disruptive conduct is perpetrated by a person subject to a protection from abuse order or similar restraining order that prohibits said person from living in or visiting the rental unit of a tenant or occupant.

Eviction.

In the event that three disruptive conduct reports are filed against a tenant or occupant within an eighteen-month period, and said reports have not been appealed or have been upheld upon review, the owner or landlord or responsible agent shall have 30 days from the third disruptive conduct letter or final determination, if appealed, to begin eviction proceedings against such tenant or occupant, and shall continue such proceedings to completion, without interruption, until such tenants or occupants vacate the premises. The owner or landlord, or responsible agent, shall limit the eviction order to only those tenants or occupants who have accumulated three disruptive conduct reports within an eighteen-month period. The owner or landlord, or responsible agent, must submit to the Code Enforcement Officer a copy of the landlord-tenant complaint as filed with the Magisterial District Judge.

Upon the execution of an eviction order, all persons subject to said order shall not, for a minimum period of two years, be permitted to occupy any rental unit within the Borough that is owned by the same owner or landlord as the affected rental unit.

No owner or landlord shall be deemed to be in violation of this section in the event that the Magisterial District Judge rules in favor of the tenant during an eviction process initiated under the terms of this article, or if legal action has resulted in a stay or reversal of an eviction order.

(d)

The Code Enforcement Officer and/or police shall maintain a list of all persons who were ordered to be evicted under this article along with the street address and apartment number of each affected rental unit. Such list shall be maintained for a minimum of three years and shall be available for public inspection.

Compliance with rental agreement. The occupant shall comply with all lawful provisions of the rental agreement and addendum entered into between owner and occupant. Failure to comply may result in the eviction of the occupant by the owner or Borough.

Damage to premises. The occupant shall not intentionally cause, nor permit nor tolerate others who cause damage to premises. Conduct which results in damages in excess of $500 shall be considered a violation of this chapter and/or potentially an instance of disruptive conduct.

Inspection of premises. The occupant shall permit inspections by the Code Enforcement Officer or his designated representative of the premises at reasonable times upon reasonable notice of two business days. Any cost for inspection to be paid by owner.

§ 230-4 Registration requirements.

Registration requirements; fees. The owners of each rental dwelling unit listed herein will be subject to the following registration requirements and fees:

Each person who allows a one-family dwelling to be occupied by a person or persons other than the owner of the one-family dwelling and where this action by the owner has occurred for a period in excess of one year, that person shall be required to annually file with the Borough Secretary rental unit registration.

Each person who operates a two-family dwelling shall be required to annually file with the Borough Secretary rental unit registration.

The rental unit registration shall be filed and paid at the time of application for license after passing inspections done pursuant to Subsection C and, thereafter, annually. For calendar year 2017, the registration shall be filed and paid by June 30, 2017. For calendar year 2018 and all forthcoming years, the registration shall be filed and paid by January 31 of that year. The registration fee schedule is as follows:

[Amended 2-9-2017 by Ord. No. 662]

Every person applying for a license initially shall supply all information requested by the Borough and pay an initial license fee as follows:

[1]

One-family rental unit: $50.

[2]

Two-family rental unit: $75.

[3]

Multifamily three to 10: $100.

[4]

Multifamily over 10: $125, plus $10 per unit.

[5]

Rooming houses, dormitories, and hotels: $125, plus $10 per unit.

Thereafter, the subsequent fee for annual license will be assessed at $50 per unit.

The license fees and annual deadline for rental registration are subject to amendment by resolution of Borough Council as needed.

Inspections, licenses; noncompliance.

Periodic inspection. The Code Official or other individual designated by the Borough shall inspect each one-family and two-family dwelling at least once on or before the second-annual anniversary of the initial inspection following the filing of the rental unit registration. These periodic inspections shall occur notwithstanding more frequent inspections which may be required in the investigation of complaints regarding the dwelling. The Borough is authorized to charge a fee for each inspection, in an amount to be set forth and adopted by resolution of Borough Council.

[Amended 2-9-2017 by Ord. No. 662]

Issuance of license. Upon an application for a license being made, the Code Official or designated representative shall inspect the rental dwelling and in the event that such rental dwelling is in compliance with this Code, the license applied for shall be issued.

Noncompliance. In the event the rental dwelling is not in compliance with this Property Maintenance Code, the Borough Secretary or Borough Solicitor shall notify the applicant in writing and shall specify the noncompliance with the Property Maintenance Code. Upon completion of the changes, the Borough Secretary shall issue the license applied for.

Display of licenses; duration; transfer.

Multifamily dwelling display of license. Every license shall be displayed in a conspicuous place within the multifamily dwelling.

License duration. Every multifamily dwelling license shall remain in force for one year from the date of issuance.

License transfers. No license required by this chapter shall be transferable unless the new operator shall give notice in writing to the Borough Secretary within 10 days after the transfer in any manner of ownership or control of the interest in such multifamily dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control.

Violation; license revocation; notice. Whenever the Code Official or designated representative determines that there exists a violation of the Property Maintenance Code, it shall serve notice as provided in the Code and notify the owner or operator in writing stating that unless the Notice of Violation is complied with, the rental dwelling license may be revoked. After the expiration of the time for compliance as stated on the Notice of Violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending, the Borough may revoke the multifamily dwelling license and in such event shall serve written notice upon the owner or operator of such action.

Appeal. Any person whose rental dwelling license has been revoked, or whose application for license to operate a multifamily dwelling has been denied, may appeal as provided in the Property Maintenance Code or under state law.

Licensing of rooming houses, dormitories and hotels. No person shall operate a rooming house, dormitory or hotel unless he has first obtained from the Borough a license to operate such rooming house, dormitory or hotel.

Compliance with Code. The Borough shall not issue a license unless the rooming house, dormitory or hotel for which the license is required is in compliance with the Property Maintenance Code or state law.

Number of occupants specified.

Every license shall specify the maximum number of occupants allowed to occupy the rooming house, dormitory or hotel.

Every license shall be displayed in a conspicuous place within the rooming house, dormitory or hotel.

§ 230-5 Violations and penalties.

Basis for violation. It shall be unlawful for any person, as either owner or manager of a regulated rental unit for which a license is required, to operate without a valid, current license issued by the Borough authorizing such operation. It shall also be unlawful for any person, either owner or manager, to allow the number of occupants of a regulated rental unit to exceed the maximum limit as set forth on the license or to violate any other provision of this chapter. It shall be unlawful for any occupant to violate this chapter.

Penalties. Any violation of this chapter shall constitute a summary offense punishable upon conviction thereof by a District Justice by a fine not to exceed $1,000 plus costs by a term of imprisonment not to exceed 30 days. Each day of violation shall constitute a separate and distinct offense.

Nonexclusive remedies. The penalty provisions and the license nonrenewal, suspension and revocation procedures provided in this chapter shall be independent, non-mutually exclusive, separate remedies, all of which shall be available to the Borough 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 Borough in the case of a violation of any other Code or Ordinance of the Borough, 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.

§ 230-6 Notices; change in ownership; owners severally responsible.

Notices.

For purposes of this chapter, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner.

There shall be a rebuttable presumption that any notice required to be given to the owner under this chapter shall have been received by such owner if the notice was given to the owner in the manner provided by this chapter.