This chapter shall be known and may be cited as the "Municipality
of Kingston Landlord Registration, Licensing and Occupancy Ordinance
of 2014."
It is the purpose of this chapter and the policy of the Administration
and the Town Council of the Municipality of Kingston 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 Kingston, to establish and maintain a current record of all rental
properties and tenants occupying such properties, to reduce blight
within the Municipality of Kingston 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 Luzerne 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.
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.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
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 Luzerne 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.
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 to take care of rental property within the Municipality
and be the agent for said landlord.
RENTAL ESCROW ACCOUNT
An account established by the Municipality of Kingston 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 Kingston Landlord Registration, Licensing and
Occupancy Ordinance of 2014. This account shall be a non-interest-bearing
account.
RESIDENTIAL RENTAL UNIT
Any structure or apartment within the Municipality of Kingston
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.
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 Luzerne County
Housing Authority.
In addition to all other penalty and enforcement remedies established
by this chapter or by any other Kingston ordinance, including, but
not limited to, the Property Maintenance Code, owners/landlords of residential rental units within the
Municipality of Kingston shall be subject to the Municipality of Kingston
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 Luzerne. 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 Kingston 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 Kingston
for deposit into the Kingston 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 Kingston 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 Kingston for
deposit to the Kingston 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 Kingston and a service
charge of 20% payable to the Municipality of Kingston on escrowed
funds.
G. Payment of rent by a tenant to the Municipality of Kingston for deposit
to the Kingston 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 Kingston or the District Magistrate are paid in full. The funds
within the Kingston Rental Escrow Account may be utilized for said
purposes. Disbursements from the Kingston Rental Escrow Account in
payment of fees, liens, fines, service fees and other assessments
payable to the Municipality of Kingston 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 Kingston 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 Kingston, 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 §
116-7 of this chapter.