[HISTORY: Adopted by the City Council of
the City of Scranton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 187.
Numbering of buildings — See Ch. 193.
Construction codes — See Ch. 201.
Fire prevention — See Ch. 243.
Housing discrimination — See Ch. 296.
Mechanical standards — See Ch. 313.
Noise — See Ch. 317.
Peace and good order — See Ch. 336.
Personal boarding care home facilities — See Ch. 343.
Plumbing — See Ch. 345.
Property maintenance — See Ch. 360.
Rooming houses — See Ch. 375.
Zoning — See Ch. 445.
[1]
Editor's Note: Former Art. I, Registration of Residential
Rental Property, adopted 12-3-2001 by Ord. No. 88-2001, amended in
its entirety 7-26-2007 by Ord. No. 105-2007, was repealed 3-22-2012
by Ord. No. 26-2012.
This article shall be known and may be cited as the "Municipality
of Scranton Landlord Registration, Licensing and Occupancy Ordinance
of 2016."
It is the purpose of this chapter and the policy of the administration
and the City Council of the Municipality of Scranton to protect and
promote the public health, safety and welfare of its citizens and,
in furtherance of those objectives, to establish registration and
licensing requirements for landlords of real property in the Municipality
of Scranton, to establish and maintain a current record of all rental
properties and tenants occupying such properties, to reduce blight
within the Municipality of Scranton and to establish an enforcement
mechanism to effect the aforementioned objectives.
As used in this chapter, the following terms shall have the
meanings indicated:
- LANDLORD
- One or more persons, as defined by this section, jointly or severally, in whom all or part of the legal title to the premises is vested as documented by the most current deed on record with the Recorder of Deeds of Lackawanna County and/or holds all or part of the beneficial ownership and rights to the present use and enjoyment of the premises. This definition includes a mortgage holder in constructive or actual possession of a residential rental unit.
- LICENSE YEAR
- A period of time beginning January 1 and expiring December 31.
- MUNICIPALITY OF SCRANTON or MUNICIPALITY
- The Municipality of Scranton, Lackawanna County, Pennsylvania, a home rule municipality.
- OCCUPANCY LICENSE
- The license issued to the landlord of residential units under this chapter, which is required for the lawful rental and occupancy of residential rental units.
- OWNER
- One or more persons, as defined by this section, jointly or severally, in whom all or part of the legal title to the premises is vested as determined by the most current deed on record with the Recorder of Deeds of Lackawanna County and/or hold all or part of the beneficial ownership and rights to the present use and enjoyment of the premises. This definition includes a mortgage holder in constructive or actual possession of a residential rental unit.
- PERSON
- A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
- POSSESSION
- Control and/or access to a premises under lease, contract or the provisions of a mortgage.
- PROPERTY MANAGER
- A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity appointed by a landlord or owner whose duty it is to ensure that a structure and the residential rental units contained therein remain in compliance with all statutes and ordinances of the Commonwealth of Pennsylvania and the Municipality of Scranton.
- RENTAL ESCROW ACCOUNT
- An account established by the Municipality of Scranton at a bank of its choosing with an office within the Municipality which account is limited to the deposit of rental funds collected pursuant to the Municipality of Scranton Landlord Registration, Licensing and Occupancy Ordinance of 2016. This account shall be a noninterest-bearing account.
- RENTAL REGISTRATION CERTIFICATE OF COMPLIANCE STICKER
- A sticker which is issued with the rental registration certificate of compliance which shall be prominently displayed on the main-entrance side of the building facing the most accessible road, street, or alleyway, and which shall contain the number of rental units the structure has registered with the Municipality and the year of compliance; issuance of the rental registration certificate of compliance sticker does not in any way signify that the structure lawfully contains the number of units represented to actually exist in a structure and does not change the status of any and all zoning permits or other preexisting legally binding documents issued by the Municipality.
- RENTAL REGISTRATION CERTIFICATES OF COMPLIANCE
- A document issued by City of Scranton Department of Licensing and inspection for the number of units registered and the year of registration.
- RESIDENTIAL RENTAL UNIT
- Any structure or apartment within the Municipality of Scranton occupied by a tenant as defined in this chapter, this being someone other than the owner of the real estate as determined by the most current deed and for which the owner of the said parcel of real estate receives any value, including but not limited to money, or the exchange of services. Each apartment within a building is a separate unit requiring a license.
- SAFETY INSPECTION
- The process that any residential rental unit or structure found to be in noncompliance with the Municipality of Scranton Landlord Registration, Licensing, and Occupancy Ordinance of 2016 shall submit to an inspection, the sole purpose of which is to determine that the structure and residential rental unit contained therein shall include an appropriate means of egress, smoke detection, hot and cold running water, heat and electricity, carbon monoxide detection, kitchen and bathroom facilities, operational heating and ventilation systems, electrical systems, plumbing systems, removal of peeling paint, debris and overgrown vegetation that would create a hazard to the tenants or surrounding citizens and buildings with such inspection to be performed by either the proper employees of the City of Scranton Licensing, Inspections and Permits Department or by a third party agency contracted to conduct business within the City.
- TENANT
- An individual who resides in a residential rental unit, with whom a legal relationship with the owner/landlord is established by a lease or by the laws of the Commonwealth of Pennsylvania. A tenant does not include:
- A. A patient in a residential treatment hospital or facility.
- B. A resident in a drug, alcohol or other dependency treatment facility, halfway house, residence (or other facility) devoted to monitoring and promoting a sober or substance-free lifestyle.
- C. A resident in a nursing, physical therapy or assisted living facility.
- D. An occupant of a hotel, motel or bed-and-breakfast facility.
- E. A resident in a community/group home facility licensed as such by the Pennsylvania Department of Public Welfare.
- F. A resident of a facility owned and operated by the Scranton Housing Authority.
- G. A resident of an apartment or single family home who is a child of the owner or a parent of the owner.
A.
Registration. Every owner/landlord of a residential rental unit must
register the unit with the Code Enforcement Officer in accordance
with the following schedule:
(1)
All owners/landlords of residential units must register the units
with the Municipality of Scranton by April 1 of each license year.
(2)
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Municipality upon the earliest occurrence of
the following events:
(3)
It shall be the responsibility of the grantee and the grantee's
agent to notify the Municipality of Scranton within 10 days of any
purchase or transfer of a rental unit.
(4)
Registration information shall be provided by all owners on a form
prescribed by the Municipality and shall include, at minimum, the
following information for each residential rental unit:
(a)
Owner's name, address and telephone number.
(b)
Property manager's name, address and telephone number if
applicable.
(c)
Property address and unit number for each rental registration
unit.
(d)
Maximum occupancy for the registered rental unit.
(e)
Emergency telephone number sufficient to allow telephone contact
by Scranton Police, Fire, Public Works and Administration, 24 hours
a day, seven days a week.
(f)
Actual number of occupants in the registered unit.
(g)
Names of current tenants in the registered rental unit.
(5)
The owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 10
days of any changes of the information set forth above.
(6)
The registration for each unit shall be verified and/or subject to
the provisions of Pennsylvania Statute, 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities.
B.
License requirement.
(1)
As a prerequisite to a tenant occupying a residential rental unit (except as provided in Subsection B(3) below, the owner/landlord of every such residential rental unit shall be required to apply for and obtain a residential rental unit license from the City of Scranton Licensing, Inspections and Permits Department. No residential rental contract for property within the Municipality of Scranton shall be legal without the prior registration of the unit and the issuance of a license for said unit. The cost of a license shall be $50 per occupied unit if registered with the Municipality by April 1 (the first 90 days of the calendar year) of the relevant year. Should an owner/landlord not register with the Municipality by April 1 of the relevant year, the cost of the license shall be $75 per unit until June 30 (the second ninety-day period of the calendar year) of the relevant year, after which the cost of the license shall be $100 if registered during the remaining months of the relevant year. Except for the year 2017, if the cost of the license is paid by December 31, 2016 the landlord shall take a 10% discount for all rental units properly registered.
(2)
The cost of a license for an unoccupied unit shall be $0. Should
such a unit become occupied during the license year, the cost of a
license shall be $50, if registered within 90 days of occupancy, $75,
if registered within 180 days of occupancy, and $100 thereafter.
(3)
The cost of a license may be amended by resolution of Council and
Mayor from time to time.
(4)
A license shall be required for all residential rental units, whether
occupied or not occupied.
(5)
The following categories of properties shall not require licenses, and thus shall not, therefore, be subject to Subsection A(1) and (2) of this section:
(a)
Residential rental units occupied by immediate members of the
owner's family, provided that not more than two unrelated individuals,
in addition to the immediate members of the owner's family, occupy
the dwelling unit at any given time.
(b)
Those properties occupied by individuals who are not tenants
as defined by this chapter.
C.
General.
(1)
It shall be the duty of every owner/landlord to keep and maintain
all rental units in compliance with all applicable laws and regulations
of the Commonwealth of Pennsylvania and ordinances of the Municipality
of Scranton and to keep such property in good and safe condition.
The owner/landlord shall be responsible for regularly performing all
maintenance, including lawn mowing and ice and snow removal, and for
making any and all repairs in and around the premises in conformity
with the Scranton Property Maintenance Code, Chapter 135 of the Scranton
Municipal Code. The delegation of the aforementioned duties to tenants
(or any other person or entity) shall not excuse the owner/landlord
from these responsibilities.
(2)
The owner/landlord shall be responsible for the management of his/her
property in conformity with the laws of the Commonwealth of Pennsylvania
and the ordinances of the Municipality of Scranton, including, but
not limited to, the Scranton Property Maintenance Code,[1] the Refuse Disposal Ordinance, and the Mandatory Recycling
Law of the Municipality of Scranton.[2]
(3)
Owners/landlords must be proactive in managing their property and are expected to utilize all legal means available to them to evict tenants who routinely engage in disorderly conduct, disturb the public peace, create excessive noise as regulated by Chapter 317 or violate those criminal laws of the Commonwealth of Pennsylvania relating to the illegal distribution of drugs. The term "routinely engage" is defined as three or more violations of any of the foregoing in any sixty-day period or more than eight times in any period of 12 consecutive months. Violations by either tenants or landlords/owners shall be added together in compiling violations for a property.
(4)
Owners/landlords must enforce the provisions of 68 P.S. § 250.505-A,
relating to the use of illegal drugs.
Upon completion of rental registration by a landlord of any
rental unit or units he shall receive from the City of Scranton Department
of Licensing and Inspection a certificate of compliance and a sticker
indicating such compliance.
A.
Every owner/landlord residing further than 20 miles from the corporate
boundaries of the Municipality of Scranton must designate a property
manager or person responsible for the care of all rental property.
The property manager or person responsible for taking care of rental
property must reside or have its corporate offices within 20 miles
of the corporate boundaries of the Municipality of Scranton. The property
manager shall be the designated recipient of all correspondence and
violation notices from the Municipality. The property manager shall
be the direct point of contact for disruptive conduct, emergencies,
and any other occurrence that may be of a time-sensitive nature. The
property manager shall be the agent of the property owner and by his,
her or its appointment shall be authorized and empowered to accept
service of all correspondence, violation notices, citations, court
complaints and pleadings on behalf of the landlord. The appointment
of a property manager shall remain in effect and shall be considered
as legally binding on both the principal and agent until revoked and
notice of revocation is provided by the owner/landlord to the Municipality.
B.
Every owner/landlord residing further than 20 miles from the corporate boundaries of the Municipality of Scranton must appoint a property manager within 45 days of enactment of this chapter. The owner/landlord must provide the Municipality with the property manager's name, address, and all pertinent contact information. The owner/landlord must also provide the Municipality with his/her name, address, and all pertinent contact information. The owner/landlord of the property shall be responsible for all of the duties of the property manager in the event that the Municipality is unable to communicate with the property manager. Contact information shall be updated on a yearly basis by April 1 of each year or within 10 days in conformity with Subsection A above.
A.
This section shall be enforced by the Code Enforcement Officer of
the Municipality of Scranton.
B.
Any owner/landlord that fails to comply with the registration requirements
of this chapter is in violation of this chapter.
C.
Any owner/landlord that rents a residential rental unit requiring
a license without a valid, current license, issued by the Municipality
of Scranton authorizing such use, is in violation of this chapter.
D.
Any owner/landlord that resides or has its corporate offices farther
than 20 miles from the corporate boundaries of the Municipality who
fails to appoint a property manager is in violation of this chapter.
E.
Any owner/landlord that fails to maintain his/her property in conformity
with municipal ordinances, including, but not limited to, the Scranton
Property Maintenance Code, is in violation of this chapter. (NOTE:
See Ch. 360-1 through 360-16, Property Maintenance and their Quality
of Life Ordinance File of the Council No. 64, 2014 (as amended)).
A record of any unpaid citations for property maintenance violations
shall be conclusive evidence of a violation of this chapter and shall
prevent and preclude the issuance of any license pursuant to this
chapter.
F.
Any owner/landlord who fails to fulfill his or her duties as defined
in § 373-A and C shall have their rental registration license
suspended for a period of six months.
G.
If the landlord fails to comply with or is in violation of any section
of this ordinance he would then be subject to suspension of their
license for the property that is not in compliance for a period of
six months. The City of Scranton prior to relicensing shall perform
a safety inspection for all properties deemed in noncompliance.
A.
Any owner or landlord aggrieved by the action or decision of the
Code Enforcement Officer, excepting those matters that have become
the subject of citations and thereby have been submitted to the jurisdiction
of the District Magistrate for the Municipality of Scranton, may take
an appeal to the Registration/Licensing Housing Appeals Board within
10 municipal working days from the date of the action or decision
being appealed. The Registration/Licensing Housing Appeals Board shall
convene a hearing as prescribed in this section.
B.
All appeals under this chapter must be made, in writing, to the Housing
Appeals Board and directed to them, director of licensing and inspection,
addressed to the municipal building. Such appeals shall be made in
writing and received by the Housing Appeals Board as indicated above
no later than the 10th municipal business day from the date the aggrieved
decision is mailed. Said written appeal must specify the decision
that is being appealed and state the reason or reasons therefor and
specify any facts in support of said appeal. This written appeal must
be accompanied by a sworn affidavit. Also, the appeal must be accompanied
by a fee of $150, payable in advance to the Municipality of Scranton
for each appeal taken, to cover the costs of the notices of hearing,
the hearing, and the cost of a stenographic record of the hearing.
This fee shall be refundable to the appellant in such instances where
the Housing Appeals Board reverses the decision of the Code Enforcement
Officer.
C.
The Housing Appeals Board shall schedule a hearing within 30 days
after a notice of appeal has been filed as stated above. The appellant
or his representative shall have the right to appear and be heard.
Any member of the Hearing Board shall have the authority to administer
oaths to any person who is to give testimony at any hearing before
the Board. A stenographic record of the hearing shall be made by the
Hearing Board; however, a transcript of the proceeding shall only
be made upon the payment for same, in advance, by the appealing party.
A written decision shall be made by the Appeals Board within 20 municipal
business days after the conclusion of said hearing. The decision of
the Appeals Board on such appeals shall be in writing and contain
findings of fact and conclusions of law. Said decision shall be served
on the appellant and the Code Enforcement Officer. Service of said
decision can be made by personally handing a copy to the individuals
or by regular mail, postage prepaid.
D.
Appeals from the Board can be taken within 30 days of the date of
the decision of the Board to the Court of Common Pleas of Lackawanna
County. Said appeal to the Court of Common Pleas will be limited to
the Court reviewing the record made at the hearing given by the Appeals
Board, and the scope of review shall be limited to whether or not
the Appeals Board abused its discretion in rendering its decision.
The Appeals Board can only be reversed by the Court of Common Pleas
of Lackawanna County if it is determined by said court that the Appeals
Board had in fact abused its discretion. Appeals beyond the Court
of Common Pleas of Lackawanna County shall be governed by the applicable
rules and laws pertaining to the same.
A.
Any landlord or owner of a residential rental unit that violates any provision of § 373-4A herein, with all of the subsections thereunder, shall, upon conviction thereof, be sentenced to pay a fine no less than $100 and up to $500 for each and every offense. Each day an owner operates a rental unit in violation of § 373-4A herein shall be treated as a separate offense.
C.
No landlord or owner with outstanding fines resulting from violation
of municipal ordinances, as well as delinquent taxes, and/or garbage
fees shall be eligible to obtain a license to rent residential real
estate in the Municipality of Scranton unless such fines, taxes and
fees are paid in full.
D.
Fines imposed through this chapter shall be collected by any means
allowable by law.
E.
Each day an owner of a residential rental unit violates any provision
of this chapter shall constitute a separate offense.
F.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Municipality of Scranton, its agents
and representatives from seeking any other equitable or legal remedies
that may otherwise exist under applicable law.
G.
In addition to the fines set forth herein, the Municipality of Scranton
shall be entitled to reasonable attorney's fees and costs of
collection incurred in enforcing this chapter. Said fees shall be
added to any penalties set forth above.
H.
Any landlord who timely registers their property or properties by
June 1, 2016, shall receive an abatement of all post garbage fee and
penalties therefore.
In addition to all other penalty and enforcement remedies established
by this chapter or by any other Scranton ordinance, including, but
not limited to, the Property Maintenance Code[1] owners/landlords of residential rental units within the
Municipality of Scranton shall be subject to the Municipality of Scranton
Rental Escrow Program, which is hereby established by this chapter.
A.
Owners/landlords of residential rental units that have not been registered
by April 1 of the license year pursuant to this chapter shall be sent
written notice of noncompliance by registered or certified mail, addressed
to the record address of such property on the tax records of the County
of Lackawanna. Failure to receive said notice shall not affect the
effectiveness of the transmittal of said notice.
B.
Effective with the next monthly rental period following transmittal
of said notice, the owner/landlord is prohibited from receiving rents
from the unregistered residential rental unit.
C.
Effective with the next monthly rental period following transmittal
of said notice, the Scranton Code Enforcement Officer is to inspect
the unregistered unit for the purpose of determining if a tenant or
tenants are residing in an unregistered unit.
D.
Should tenants be found to be residing in an unregistered unit, the
tenant or tenants shall be provided with a copy of this chapter, together
with a written directive from the Code Enforcement Officer that rent
for the first calendar month following his inspection and for the
ensuing calendar months is to be paid to the Municipality of Scranton
for deposit into the Scranton Rental Escrow Account until otherwise
directed.
E.
If tenants are subject to a lease whereby they are paying for their
utilities (water, electric, gas) to their landlord, upon proof of
this contractual provision to the Scranton Code Enforcement Officer,
they may retain such sums for payment by them for such essentials
directly to the provider of such services or to the landlord for payment
for these purposes. This provision shall ameliorate any negative effects
that may be imposed upon the tenant by virtue of the nonpayment of
utilities by the owner/landlord and shall enhance the rights and protections
enjoyed by tenants under the Utility Service Tenants Rights Act, 68
P.S. § 399.1 et seq.
F.
All other rent shall be paid to the Municipality of Scranton for
deposit to the Scranton rental escrow account, to be held in said
account until the owner/landlord properly registers the residential
rental unit. Upon registration, the escrowed amount shall be released
to the owner/landlord, net of fees, liens, fines, service fees and
other assessments payable to the Municipality of Scranton and a service
charge of 20% payable to the Municipality of Scranton on escrowed
funds.
G.
Payment of rent by a tenant to the Municipality of Scranton for deposit
to the Scranton rental escrow account shall be considered to be an
absolute defense to any proceeding for collection or eviction by the
owner/landlord against the tenant.
H.
No residential rental unit shall be registered until all fees, liens,
fines, service fees and other assessments payable to the Municipality
of Scranton or the District Magistrate are paid in full. The funds
within the Scranton rental escrow account may be utilized for said
purposes. Disbursements from the Scranton rental escrow account in
payment of fees, liens, fines, service fees and other assessments
payable to the Municipality of Scranton and the District Magistrate
shall be made only after written notice sent to the owner/landlord
and after the expiration of 30 days thereafter.
I.
In addition to the foregoing, the Scranton rental escrow account
may be utilized by the Municipality for the payment of enforcement
and legal fees necessary to pursue the enforcement objectives of this
chapter against the landlord/owner. These fees shall be paid only
after written notice sent to the owner/landlord and after the expiration
of 30 days thereafter.
J.
Any landlord aggrieved by the action or decision of the Code Enforcement Officer, excepting those matters that have become the subject of citations and thereby have been submitted to the jurisdiction of the District Magistrate with jurisdiction for Scranton, may take an appeal to the Registration/Licensing Board of Appeals within 10 municipal working days from the date of the action or decision being appealed. The Registration/Licensing Board of Appeals shall convene a hearing as prescribed in § 373-7 of this chapter.