This chapter shall be known and may be cited as the "Carlisle
Borough Rental Housing Ordinance."
[Amended 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
The background of this chapter and the legislative intention
of the Borough Council in enacting it are as follows:
A.Â
The governance of rental housing within the Borough is necessary
to promote and protect the public health, safety and welfare of its
citizens.
B.Â
The establishment of certain minimal rights and obligations of owners
and occupants with respect to the rental and occupancy of residential
rental dwelling units in the Borough is necessary.
C.Â
Owners and occupants of rental housing are required to maintain and
improve the quality of rental housing within the community.
D.Â
Owners and occupants of rental housing should share the responsibility
to comply with Borough ordinances enacted to protect and promote the
public health, safety and welfare.
E.Â
Rental housing has consumed the majority of Borough code enforcement
resources, and, as a result, nonowner-occupied residential properties
bear a disproportionate burden of the cost of code enforcement.
F.Â
Tenants of rental housing have been reluctant to make code complaints
to Borough officials for fear of retaliation by landlords.
G.Â
Approximately 55% of residential dwelling units in the Borough are
residential rental housing units.
H.Â
The Borough has encountered difficulties obtaining cooperation and
corrective action by owners of rental housing who reside or have offices
a long distance from the Borough.
I.Â
Those residents who own and live in their homes have greater incentive
to maintain their properties in accord with minimum standards of habitability.
J.Â
Because of their lack of ownership, certain tenants resist complying
with Borough ordinances.
K.Â
The lack of attention to Borough ordinances by both owners of rental
housing and tenants has denied neighbors the full peace and enjoyment
of their homes.
L.Â
Having an accurate and comprehensive licensing and registry database
will ensure that the Borough has complete records to better understand
the long-term demographic, economic, land-use, planning, social, and
general public welfare and public safety impact of the Borough's
growing tenant population.
M.Â
To recognize and provide regulatory flexibility by recognizing well
maintained, organized, and operated rental building(s) or complex,
that are self-policing, and can demonstrate little or no property
maintenance issues or violations impacting the Borough or neighborhood.
N.Â
To have inspection of residential rental units in order to certify
that the unit meets basic safety and habitability standards when it
is rented.
O.Â
This chapter shall be construed liberally to promote its purposes
and policies.
For the interpretation of this chapter, certain words shall
have the meanings assigned to them as follows:
The Borough of Carlisle, Pennsylvania.
The duly appointed Manager of the Borough of Carlisle.[1]
The Code of the Borough of Carlisle.
The person, persons, company and/or entity authorized by
the Borough to determine compliance with the provisions of this chapter
and to enforce the same. The code official shall include, but not
be limited to, the Borough Zoning and/or Property Code Officer and
employees of the Building Codes Department of the Borough as appointed
or employed from time to time, as well as any third-party code inspection
person, persons, company or entity appointed by the Borough.
[Amended 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
The Building Codes Department of the Borough of Carlisle.[2]
A living area comprised of one or more rooms used for living,
sleeping and habitation purposes and having its own kitchen and sanitation
facilities, all arranged for occupancy by one or more persons.[3]
An individual hired by a property owner, property manager
or property management company whose primary responsibility is the
repair, maintenance and management of rental dwelling units and who
occupies a dwelling unit in the building or complex for which he or
she provides such services.
[Added 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
A student housing facility or structure having 30 or more
students, such as, but not limited to, a dormitory or traditional
residence hall, located on property owned by an accredited college
or university, and on which property all or portions of the college
or university campus are located.
[Added 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
Any person, agent, operator, firm, corporation, partnership,
limited liability company, limited liability partnership, association,
other entity, or fiduciary holding or having legal, equitable or other
interest in any real property or otherwise having control of the property,
including the guardian of the estate of any such person and the executor
or administrator of such person's estate. When used in this chapter
in a clause proscribing any activity or imposing a penalty, the term,
as applied to corporations, partnerships, limited liability companies,
limited liability partnerships, associations, or other entities, shall
include each and every member, shareholder, partner (limited or general),
director, officer and other individual having an interest in the entity,
controlling or otherwise.
[Amended 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
A dwelling unit occupied by the owner.
A natural person who owns or is vested with a controlling
interest in an owner entity. Controlling interest shall mean an ownership
share of more than 50%.
A business certified or licensed by the Commonwealth of Pennsylvania
to manage a residential dwelling unit or units or which takes responsibility
for the care, maintenance, tenant management and supervision of a
residential dwelling unit or units, under written contract with the
owner of an improved property.
[Added 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
An individual certified or licensed by the Commonwealth of
Pennsylvania to manage a residential dwelling unit or units or who
takes responsibility for the care, maintenance, tenant management
and supervision of a residential dwelling unit or units, under written
contract with the owner of an improved property.
[Added 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
Any building or structure containing one or more residential
rental dwelling units. Where a building or structure contains residential
rental dwelling units which are under separate or several ownership,
this term shall refer to each residential rental dwelling unit under
several or separate ownership.
A dwelling unit not occupied by the owner thereof. The term
shall not include the lawful occupancy of a dwelling unit by an owner
in joint tenancy or an heir of a deceased owner. Whenever the word
"unit" or words "rental dwelling unit" are used herein, they shall
mean "residential rental dwelling unit."
[Amended 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
The document issued by the Borough to the owners, property
manager or property management company of a residential rental dwelling
unit evidencing that the residential dwelling unit is licensed in
accordance with the requirements of this chapter. Whenever "license"
is used in this chapter, it shall mean "residential rental occupancy
license" as defined in this definition.
[Added 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
The confirmation issued by the Borough to owners, property
managers or property management companies of a residential rental
dwelling unit evidencing the existence of the residential dwelling
unit. A residential rental registration shall be required for lawful
rental and licensing of a rental dwelling unit. Rental registration
does not warrant the proper zoning, habitability, safety or condition
of the unit in any way. Whenever the word "registration" is used in
this chapter, it shall mean "residential rental registration" as used
in this definition.
[Added 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
Any made-made object having an ascertainable stationary location
on land, whether or not affixed to the land.
Any person who resides in a residential rental dwelling unit,
irrespective of whether consideration is given for the privilege or
right of occupancy.
A dwelling unit.
[1]
Editor's Note: The former definition of "certificate of compliance,"
which immediately followed this definition, was repealed 12-1-2021
by Ord. No. 2391.
[2]
Editor's Note: The former definition of "designated agent,"
which immediately followed this definition, was repealed 12-1-2021
by Ord. No. 2391.
[3]
Editor's Note: The former definition of "manager," which immediately
followed this definition, was repealed 12-1-2021 by Ord. No. 2391.
The Department, appointed fire and emergency management officials
and any law enforcement officer shall be and hereby are charged with
the authority to enforce the provisions of this chapter.
[Amended 12-1-2021 by Ord. No. 2391, approved 12-1-2021]
Any person who violates any provision of this chapter, upon
summary conviction thereof, shall be sentenced to pay a fine of no
less than $200 and not more than $1,000, plus costs of prosecution,
and in default of payment thereof, be imprisoned in the Cumberland
County Prison for a period of not more than 30 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense.
In addition to other remedies, the Borough may institute and
maintain appropriate actions by law or in equity to restrain, correct
or abate violations, to prevent unlawful activities and to recover
damages, including the costs incurred in protecting persons or property.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be declared unconstitutional or invalid
for any reason whatsoever, or is determined to be preempted by state
or federal law, such decision shall not affect the remaining portions
of the chapter, which shall remain in full force and effect; and for
this purpose, the provisions of this chapter are hereby declared to
be severable.
