Chapter 155 Rental Property

It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with all of the terms and conditions of this article as well as the provisions of all other applicable state laws and regulations and local ordinances and to keep such property in good and safe condition. The owner shall meet all property maintenance requirements of the Code of Patterson Township.

As provided for in this article, 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 article, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit or its premises which he, she, or it owns in the Township.

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.

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 an occupant or his or her guest 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.

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

Designation of manager.

Every owner who is not a full-time resident of the Township of Patterson or who does not reside within a fifty-mile radius of Patterson Township shall designate an individual to serve as manager.

If the owner is a partnership, corporation, unincorporated association, limited partnership, trust, or any other entity, that entity shall appoint a natural person to serve as 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 article 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 the owner or manager to the Township, 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:

(a)

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

(b)

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

The owner or manager shall, within 30 days after the effective date of this article or, in case of real estate thereafter acquired, rented or made available for rental, within 30 days of acquisition, rental or being made available for rental, provide the following information to the Code Enforcement Officer:

(a)

The regulated rental unit address and, in the case of multiple-unit and two-family dwellings, the number of units available for rent;

(b)

The name(s) and age(s) of all occupants of any regulated rental unit; and

(c)

The name and address of each adult occupant's employer.

It is intended hereby that owners shall report all new occupants or an occupant who rents or leases a different regulated rental unit of owner's real estate and when a regulated rental unit becomes vacant.

Maintenance of premises.

The owner shall maintain the premises in compliance with the codes of Patterson Township and shall regularly perform all routine maintenance, including lawn mowing and ice and 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 cases, 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:

(a)

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

(b)

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 article or other ordinances or codes for maintenance of premises.

Written rental agreement.

All agreements for regulated dwelling units shall be in writing. No oral leases and no oral modifications thereof are permitted. All disclosures and information required to be given to occupants by the owner shall be furnished before signing of the rental agreement.

Terms and conditions. Owner and occupant may include in a rental agreement terms and conditions not prohibited by this article 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 article, no rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this article. Any provision prohibited by this subsection included in a rental agreement is unenforceable.

Attachment of article to rental agreement. Following the effective date of this article, a copy of this article shall be attached as an addendum to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. Where a rental agreement has been entered into prior to the effective date of this article, the owner shall provide the occupants with a copy of the summary within 60 days after enactment of this article.

The owner shall secure a written acknowledgment from occupants to confirm that the occupants have received the article as part of the rental agreement.

(6)

Upon oral or written request by Patterson Township, the owner, within 10 days of the request, shall furnish to the Township copies of the acknowledgment that the occupants received a copy of this article.

(7)

Upon oral or written request by Patterson Township, the owner, within 10 days of the request, shall furnish to the Township for inspection purposes only copies of the leases the owner has entered into for regulated rental units.

Complaints. The owner shall reply promptly to reasonable complaints and inquires from occupants.

Landlord/Tenant Act. The owner shall comply with all applicable provisions of the Landlord/Tenant Act[1] of the Commonwealth of Pennsylvania.

[1]

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

Common areas. The owner shall be directly responsible for the behavior of occupants and guests in the common areas as if the owner were an occupant.

Enforcement. In the event that the same occupant is the subject of a third disruptive conduct violation within a one-year period, the Code Enforcement Officer or designated representative shall direct the owner to evict the occupant who violated the article.

Code violations. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall promptly take action, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.

§ 155-3 Occupant's duties.

General. The occupant shall comply with all obligations imposed upon occupants by this article, all applicable codes and ordinances of the Township 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 Chapter 190 of the Code of Patterson Township concerning occupant load. 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 and/or owner shall dispose from his or her regulated rental unit all rubbish, garbage, and other waste in a clean and safe manner prescribed in the Property Maintenance Section of the Code of Patterson Township[1] and separate and place for collection all recyclable materials in compliance with the Recycling Plan of the Township of Patterson Solid Waste and Recycling Ordinance.[2]

[1]

Editor's Note: See Ch. 152, Property Maintenance.

[2]

Editor's Note: See Ch. 161, 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.

The occupant shall not engage in, nor tolerate or permit others on the premises to engage in, disruptive conduct, or other violations of this article.

When police investigate an alleged incident of disruptive conduct, the officer shall complete a disruptive conduct report upon finding that the reported incident did, in his or her judgment, constitute "disruptive conduct" as defined herein. The information filled in on said report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information, including the factual basis for the disruptive conduct, requested on the prescribed form. Where the police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct.

§ 155-4 Registration requirements and occupancy licenses and inspections.

The third occurrence of disruptive conduct within a one-year period will result in automatic eviction and require the owner or manager to take the appropriate steps required by law to evict the tenant.

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

Damage to premises. The occupant shall not intentionally cause nor permit nor tolerate others to cause damage to the premises. Conduct which results in damages in excess of $500 shall be considered a violation of this article.

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.

Registration requirements and occupancy licenses and inspections. The owners of each regulated rental unit will be subject to the following registration requirements and fees:

Each person who allows a dwelling to be occupied by a person or persons other than the owner of the dwelling, and where this action by the owner has occurred for a period in excess of one year, shall be required to annually file, with the Code Enforcement Officer or designated representative, the rental unit registration. No person, firm or corporation owning, managing, conducting or operating a regulated rental unit shall rent, lease, let out or permit the same to be occupied without first securing an annual occupancy license for each occupied dwelling unit issued pursuant to the provisions of this article and any other applicable ordinances or regulations enacted by the Township Commissioners. In addition to the foregoing, the annual occupancy license is required for every vacant dwelling unit.

§ 155-5 Grounds for nonrenewal, suspension, or revocation of license.

The fee for the annual occupancy license for occupied and vacant rental dwelling units shall be set by resolution adopted by the Township Commissioners, and may be changed from time to time.

Inspection: periodic inspection. The Code Enforcement Officer or designated representative shall inspect each dwelling unit at least once every three years following the filing and payment of the registration fee. These periodic inspections shall occur notwithstanding more frequent inspections that may be required in the investigation of complaints regarding the dwelling.

Noncompliance. In the event a regulated rental unit is not in compliance with the property maintenance code,[1] the Code Enforcement Officer or designated representative shall notify the applicant in writing and shall specify the noncompliance with the property maintenance code. Upon completion of the changes/repairs, the code enforcement or designated representative shall issue the occupancy license applied for.

[1]

Editor's Note: See Ch. 152, Property Maintenance.

Multiunit dwelling display of registration license. Every occupancy license shall be displayed in a conspicuous place within all multiunit dwellings.

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

License transfers. No occupancy license required by this article shall be transferable unless the new owner shall give notice in writing to the Code Enforcement Officer within 10 days after the transfer, in any manner, of ownership or control of the interest in such regulated rental unit. Such notice shall include the name and address of the person succeeding to the ownership or control.

General. The Code Enforcement Officer or designated representative may initiate disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the owner's occupancy license for violating any provision of this article that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided for herein.

Definitions of options to the Code Enforcement Officer or designee.

FORMAL WARNING

Formal written notification of a violation of this article. Upon satisfactory compliance with this article and correction of any violations or conditions imposed by the Code Enforcement Officer or designated representative and/or the Township, the formal warning shall be removed when the owner applies for occupancy license renewal.

NONRENEWAL

The denial of the privilege to apply for an occupancy license renewal after expiration of the license term. The Township will permit the owner to maintain occupants in the premises until the end of the license term, but will not accept applications for renewal of the occupancy license until a time set by the Code Enforcement Officer or designated representative or by Patterson Township, such time not to exceed one year from the renewal date.

REINSTATEMENT

An occupancy license shall be reinstated if the owner or operator of a regulated rental unit corrects the reason for the revocation of the occupancy license, refiles for the occupancy license and pays the required registration fee.

REVOCATION

The immediate loss of privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer or designated representative or Patterson Township and the loss of the privilege to apply for renewal of the occupancy license at the expiration of time period, such time not to exceed one year from the date of revocation. Upon the loss of privilege to rent, the owner shall take immediate steps to evict the occupants.

SUSPENSION

The immediate loss of the privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer or designated representative of Patterson Township, such time not to exceed one year from the date of suspension. The owner, after the expiration of the suspension period, may apply for renewal without the need to show cause why the owner's privilege to apply for an occupancy license should be reinstated. Upon suspension, the owner shall take immediate steps to evict the occupants.

Criteria for applying sanctions. The Code Enforcement Officer or designated representative, when recommending sanctions, and Patterson Township, when applying sanctions, shall consider the following:

The effect of the violation on the health, safety, and welfare of the occupants of the regulated rental unit and other residents of the premises.

The effect of the violation on the neighborhood.

Whether the owner has prior violations of the article and other ordinances of the Township or has received notices of violations as provided for in this article.

Whether the owner has been subject to sanctions under this article.

The effect of sanctions against the owner on the occupants.

(6)

The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.

(7)

The policies and lease language employed by the owner to manage the regulated rental unit to enable the owner to comply with the provisions of this article.

(8)

In addition to enforcing sanctions as set forth above, the Code Enforcement Officer or designated representative may recommend, and Patterson Township may impose upon the existing or subsequent licenses, reasonable conditions related to fulfilling the purposes of this article.

Grounds for imposing sanctions. Any of the following may subject an owner to sanctions as provided for in this article:

Failure to abate a violation of Township Codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer or designated representative.

Refusal to permit the inspection of the premises by the Code Enforcement Officer or designated representative as required by this article.

Failure to take steps to remedy and prevent violations of this article by occupants of regulated rental units as required by this article.

Failure to evict occupants after having been directed to do so by the Code Enforcement Officer or designated representative of the Township as provided for in this article.

Three violations of this article or other ordinances of the Township that apply to the premises within one year. For purposes of this article, there need be no criminal conviction before a violation can be found to exist. Before a prior violation can be considered under this section, the owner must have received notice in writing of this violation within 30 days after the Code Enforcement Officer or designated representative received notice of the violation.

Procedure for nonrenewal, suspension or revocation of license and appeal notification. Following a determination that grounds for nonrenewal, suspension or revocation of an occupancy license exist, the Code Enforcement Officer or designated representative shall notify the owner of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner/manager in question, and shall contain the following information:

The address of the premises in question and identification of the particular regulated rental unit(s) affected.

A description of the violation which has been found to exist.

A statement that the occupancy license for said regulated rental unit(s) shall be either suspended or revoked, or will not be renewed for the next registration period or that the owner will receive a formal warning. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence, and in the case of a suspension shall also state the duration of said suspension.

A statement that, due to the nonrenewal, suspension or revocation (as the case may be), the owner or any person acting on his, her or its behalf is prohibited from renting, letting, or permitting occupancy of the regulated rental unit(s) by any individuals subject to said enforcement action from and during the period said action is in effect.

Any person affected by a decision of the Code Enforcement Officer or designated representative or a notice or order issued by the Code Enforcement Officer or designated representative shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served.

Delivery of notification.

All violation notices shall be sent to the owner or manager, if applicable, by certified mail. In the event that the notice is returned by the postal authorities marked "unclaimed" or "refused," then the Code Enforcement Officer or designated representative shall attempt delivery by personal service on the owner or manager, if applicable. The Code Enforcement Officer or designated representative shall also post the notice at a conspicuous place on the premises.

If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at the address stated on the most current license application for the premises in question, by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. Mail, then it shall be deemed to have been delivered to, and received by, the addressee on the fifth day following its deposit in the U.S. mail, and all time periods set forth above shall thereupon be calculated from said fifth day.

§ 155-6 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 an occupancy license is required, to operate without a valid, current occupancy license issued by the Township 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 occupancy license, or to violate any other provision of this article. It shall be unlawful for any occupant to violate this article.

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

Nonexclusive remedies. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Township in the case of a violation of any other Code or ordinance of the Township, whether or not such other Code or ordinance is referenced in this article 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 article.

§ 155-7 Miscellaneous provisions.

Notices.

For purposes of this article, 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 article shall have been received by such owner if the notice was given to the owner in the manner provided by this article.