[Ord. No. 31-1977]
Notwithstanding any other provision of law or any agreement,
whether oral or written, whenever the Director of Building and Housing
Development (Director), through the Bureau of Codes Enforcement (Bureau),
certifies a dwelling unfit for human habitation, the duty of any tenant
of such dwelling to pay, and the right of the landlord to collect,
rent shall be suspended without affecting any other terms or conditions
of the landlord-tenant relationship until the dwelling is certified
as fit for human habitation, as provided for hereinafter, or until
the passage of six months from the date of such certification, whichever
occurs first.
The Director or a designee shall establish in writing a system to be utilized for the purpose of determining whether or not a dwelling is fit or unfit for human habitation for the purposes of this chapter. Said system shall set forth in detail conditions or a combination of conditions which render a dwelling fit or unfit for human habitation. The criteria utilized in establishing said system shall be consistent with the provisions of International Building Code Section 115 as contained in Chapter
8-101 of the Codified Ordinances and the International Property Maintenance Code as contained in Chapter
8-107 of the Codified Ordinances.
During any period when the duty to pay rent has been suspended
and the tenant continues to occupy the dwelling, the rent withheld
shall be deposited by the tenant in an escrow account in a bank or
trust company approved by the City, which escrow account shall be
the subject of an agreement between the City and the bank setting
forth the conditions and terms of the escrow agreement.
At any time within six months from the date on which a dwelling has been certified as being unfit for human habitation, the landlord or the tenant may request in writing that the Director certify a dwelling as being fit for human habitation. The Director shall thereupon instruct the Bureau to inspect the premises to determine whether it is fit for human habitation. The Bureau shall prepare a written report to the Director substantiating the findings of its inspection. Based on said written report and any other additional information obtained, the Director shall certify whether or not said dwelling is fit for human habitation. Copies of said report and certification shall be directed to both the landlord and tenant at their last known addresses by certified mail, return receipt requested. Any party aggrieved by the determination of the Director may request and have a hearing before the Board, which hearing and all subsequent proceedings thereon shall be in accordance with the provisions of §
8-507.5 of this chapter.
Where, subsequent to the date on which a dwelling is certified to be fit for human habitation by the Director pursuant to §
8-507.10, the landlord thereof elects to terminate the tenancy of any person who was a tenant thereof on the date said dwelling was certified as being unfit for human habitation, other than for the reason that such tenant has violated his or her obligations as a tenant, including the obligation to pay rent at a rate no higher than that existing prior to the date of certification, then the landlord shall provide any tenant with written notice of the intention to terminate said tenancy at least six months prior to the date for termination, unless a lease between the parties provides for a longer period relative to notice of termination, in which event the longer period shall apply.
Where a dwelling is certified as being unfit for human habitation,
and so long as the tenant thereof continues to pay the rent into escrow
as provided in this chapter, the landlord shall be precluded from
terminating the tenancy, and any notice of termination shall be ineffective
and a nullity, other than for the reason that such tenant has violated
obligations as a tenant, including the obligation to pay rent at a
rate no higher than that existing prior to the date of certification.
Any duty conferred herein upon the Director of Building and
Housing Development may be delegated in writing by the Director to
any other official of the Department of Building and Housing Development,
or, if no Director or Acting Director is in office, the Mayor may
delegate to any official of the executive branch of City government
the duties herein conferred upon the Director of the Department of
Building and Housing Development.