[HISTORY: Adopted by the Borough Council of the Borough of New Hope
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-12-2006 by Ord. No. 2006-08]
This article shall be known and may be cited as the "Rental of Dwelling
Units."
A.
Unless otherwise expressly stated, the following terms
shall, for the purposes of this article, have the meanings indicated herein.
All words stated in the present tense include the future; words stated in
the masculine include the feminine and neuter; and the singular number includes
the plural and the plural the singular. The word "shall" is mandatory.
B.
ADULT TENANT
BUILDING
CODE ENFORCEMENT OFFICER
DWELLING
DWELLING STANDARDS TO BE APPLIED
DWELLING UNIT
HABITABLE SPACE
LANDLORD
OCCUPANT
TENANT
VACANT DWELLING UNIT
As used in this article, the following terms shall have
the meanings indicated:
A person over the age of 18 years not previously occupying a dwelling
unit.
Any building or structure, or part thereof, used for human habitation,
use, or occupancy and includes any accessory buildings and appurtenances belonging
thereto or usually enjoyed therewith.
Any person authorized by this article to issue permits and licenses,
to conduct inspections, to issue violation notices or summonses, to enforce
compliance with this article, to investigate and/or inspect complaints and
possible unsafe conditions, and to otherwise implement and carry out the provisions
of this article. Code Enforcement Officer shall include, but shall not be
limited to, the Zoning Officer, Fire Marshal, Construction Code Official,
and any police officer of New Hope Borough.
A building or structure or part thereof containing one or more dwelling
units, which are to be leased or rented to a person other than the owner or
provided to any occupant as compensation for services rendered to the landlord
or any third party. A dwelling shall not include a state-licensed group home
operated by a nonprofit corporation or public entity.
For all dwellings in New Hope Borough, the following standards are
adopted by reference: New Hope Borough Ordinance No. 2004-09,[1] as amended, adopting the International Property Maintenance Code,
2003 Edition, as published by the International Code Council, is hereby adopted
as the standard governing supplied utilities, facilities and other physical
things and conditions to make buildings and dwellings, both residential and
nonresidential, safe, sanitary and fit for human habitation, occupancy or
use.
Any room or group of rooms or any part thereof located within a building
containing habitable space and forming a single housekeeping unit with facilities
which are used or designed to be used for living, sleeping, cooking, and eating
for a single family or the functional equivalent thereof.
The space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility space in
similar areas is not considered habitable space.
The owner or owners of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, or their duly authorized agents,
firm or corporation in control of a building, dwelling, apartment house or
habitable space of premises.
Any natural person, including minors, who resides or intends to reside
in a dwelling unit.
Any natural person, including minors, who resides in a dwelling unit
on a continual basis.
A dwelling unit where the previous tenants have vacated.
A.
Within 90 days of the effective date of this article,
every landlord in New Hope Borough shall file with the Code Enforcement Officer
a landlord registration statement for every building containing one or more
dwelling units occupied by one or more tenants.
B.
Every landlord must renew the landlord registration statement
annually by March 1.
C.
Upon approval of the landlord registration statement
by the Code Enforcement Officer, the Code Enforcement Officer shall issue
a license from New Hope Borough authorizing the landlord to lease or rent
a dwelling unit. The landlord registration statement shall be the base information
upon which the license is issued.
D.
Every landlord in New Hope Borough shall maintain a current
license from New Hope Borough for every building containing a dwelling unit.
Each license shall be valid for a twelve-month period. Each license can be
renewed for additional twelve-month periods upon compliance with the provisions
of this article.
A.
A landlord registration statement form shall be available
at the New Hope Borough Hall and shall not be deemed complete unless the landlord
provides the following for each building containing one or more dwelling units
owned by the landlord and located in the Borough rented to one or more tenants:
(1)
Name, address and phone number of the landlord.
(2)
Address of building and dwelling unit number or other
identifying information for the dwelling unit.
(3)
Number of dwelling units in the building.
(4)
For each dwelling unit in the building:
(a)
Identify the unit number or other identifying information.
(b)
Provide the gross floor area in square feet of each room
occupied for sleeping purposes.
(c)
Provide the total gross floor area in square feet of
habitable rooms.
(d)
Provide the total number of tenants permitted in the
dwelling unit.
(e)
Provide the names of all tenants, including minors, who
are residing in the dwelling unit.
(f)
List the total number of occupants who are to reside
in the dwelling unit.
(g)
Identify the date tenancy commenced or will commence.
(5)
Proof of current payment of property taxes, assessments
against property, sewer and water charges, or other municipal charges or assessments.
(6)
Payment of all fees.
(8)
A certification made under penalties of 18 Pa.C.S.A.
§ 4904 (as amended) from each tenant who has signed the lease, or
who entered into an oral lease, that the tenant will not permit more than
the permitted number of tenants to occupy the dwelling unit.
(9)
A certification made under penalties of 18 Pa.C.S.A.
§ 4904 (as amended) that all information provided in the landlord
registration statement is true and correct.
(10)
A fully executed copy of each lease agreement executed
by all adult persons who are tenants of the dwelling unit; provided, however,
that this provision shall not be construed to require that the property owner
enter into a written lease agreement. If there is no written lease, the applicant
shall so certify and must provide names and permanent addresses of all persons
who are occupying the premises.
B.
In the event of a change in landlord of the dwelling
unit, a new landlord registration statement shall be filed with the Code Enforcement
Officer within 30 days of the change.
A.
No landlord shall permit a tenant to occupy, let or sublet
to a tenant, nor shall any person or persons lease or occupy any vacant dwelling
unit, without:
B.
A landlord shall not engage in the lease of a dwelling
unit except after having the tenant execute a lease which contains the following
provisions; or in the event of no written lease, having the tenant sign an
acknowledgment of the foregoing: "Tenant hereby agrees to be bound by all
the terms and conditions contained in landlord registration statement and
license issued by New Hope Borough pursuant to the Ordinances of New Hope
Borough as the same shall apply to the dwelling unit rented under this lease."
A.
Every landlord shall monitor any increase in the number
of adult tenants in each dwelling unit and prevent any increase in tenants
that exceeds the number of tenants permitted in the landlord registration
statement and license. In addition, the landlord shall have the obligation
to notify in writing the Code Enforcement Officer within 10 days of any increase
in the number of tenants in a dwelling unit above that permitted in the approved
landlord registration statement and license and provide the names of the new
tenants.
B.
Every tenant shall have the obligation to notify the
landlord of any increase in the number of tenants within 10 days of the arrival
of a new tenant.
C.
Neither the tenant nor the landlord shall permit more
tenants to occupy the dwelling unit than the maximum number of tenants set
forth in the approved landlord registration statement and license.
A.
The maximum number of persons that may inhabit a dwelling
unit shall be computed as set forth in Chapter 4, Section 404, Occupancy Limitations,
of the International Property Maintenance Code, 2003 Edition, as amended and
as adopted by New Hope Borough, and certified in the landlord registration
statement and license.
B.
Dwelling units shall not be occupied by more occupants
than permitted by Chapter 4, Section 404, of the International Property Maintenance,
2003 Edition, as amended and as adopted by New Hope Borough. The maximum number
of tenants inhabiting a building rented for residential purposes shall be
stated in the approved landlord registration statement and license.
A.
It shall be unlawful and in violation of this article
for a landlord, owner or a tenant of a dwelling unit to allow a greater number
of people than the permitted maximum number of tenants listed in the landlord
registration statement and license issued under this article to rent or occupy
any dwelling unit.
B.
The Code Enforcement Officer is authorized to issue notices
of violations of this article to any owner, landlord or tenant found to be
in violation of this article. The Code Enforcement Officer, or his duly authorized
representative, shall have the power to initiate any proceeding at law or
in equity necessary for the enforcement of this article.
C.
Inspections. The Code Enforcement Officer or his agents
or designee may make inspections to determine the condition of buildings containing
a dwelling unit to be rented to a tenant prior to the issuance of an approved
landlord registration statement and license. For the purpose of making inspections,
the Code Enforcement Officer is authorized to enter and examine any building,
dwelling unit, or premises at such reasonable hours as the circumstances of
the case permit with the permission of an occupant, tenant, owner or landlord.
In the event entry is denied, then, upon advice of the Borough Solicitor,
recourse to a court of competent jurisdiction shall be pursued to secure entry.
It shall be unlawful and in violation of this article for a landlord
or owner of a dwelling unit or tenant of a dwelling unit or apartment:
A.
To permit or allow people to reside in a dwelling unit
in a number in excess of the number of people for which sleeping accommodations
are provided in accordance with this article.
B.
To lease or rent a dwelling unit where the number of
tenants exceeds the total number of sleeping accommodations as set forth in
this article.
C.
To knowingly permit a number of people, greater than
the maximum number of occupants or tenants permitted, to occupy a dwelling
unit.
D.
For the landlord to fail to file with the Code Enforcement
Officer a landlord registration statement as required by this article for
each building owned by him/her in the Borough of New Hope containing a dwelling
unit.
E.
To violate any provision or condition of the license
issued pursuant to this article.
F.
To violate any other provisions of the Pennsylvania Uniform
Construction Code, as amended, as adopted by New Hope Borough.
G.
To enter into a lease agreement without at least one
tenant being an adult, and without requiring all adult tenants to sign the
lease.
H.
To violate any section of this article.
A.
It shall be the legal duty of each holder of a license
to immediately report any breaches of the peace or violations of this article
which he or she may know or believes to have occurred in or on a specific
dwelling unit, which report shall be made to the Code Enforcement Officer
or the Police Department of the Borough of New Hope by the most expedient
means.
B.
Failure to report such violations within 10 days after
having actual or constructive knowledge of the occurrence of the violation
shall constitute a violation of this article.
A.
Any person who is found to have submitted false information,
documentation or identification in connection with a landlord's registration
statement or an application for a license shall pay a minimum fine of $300
plus court costs for the first offense, a minimum fine of $600 plus court
costs for a second offense, and a minimum fine of $1,000 plus court costs
for a third offense.
B.
Any person who submits a false certification or document
shall be subject to criminal prosecution, in addition to the penalties contained
herein. In addition to the foregoing, a certificate of use and occupancy that
is issued on the basis of information or documents that are knowingly false
or fraudulent when made shall be subject to revocation pursuant to and in
accordance with the provisions herein.
The one-time fee for a landlord registration statement and the annual
license fee for each building containing one or more dwelling units shall
be set from time to time by resolution of the New Hope Borough Council.
Any tenant renting a dwelling unit in New Hope Borough who occupies
the dwelling unit prior to an approved landlord registration statement and
license being issued for the building containing the dwelling unit shall be
subject to immediate removal from the dwelling unit. Any costs associated
with the removal and subsequent relocation of tenants that are incurred by
New Hope Borough shall be the responsibility of the landlord and/or tenant.
In addition to the penalties set forth in § 175-11 of this article (relating to false information), any owner or agent, landlord, tenant, and any person or corporation who shall violate any of the provisions of this article or fail to comply therewith or with any of the requirements thereof shall be liable to a fine of not more than $1,000, community service or imprisonment for not more than 90 days, or a fine, community service and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation. Each violation of this article shall be a separate and distinct violation.