[Adopted 9-11-2012 by Ord. No. 3-2012]
This article shall be referred to as the "Residential Rental
Unit Ordinance."
The purpose of this article is to protect the health, safety
and welfare of the residents of the Borough by establishing registration
and licensing requirements for landlords. In order to meet this purpose,
it is necessary to establish and maintain records as to all rental
units located in the Borough and maintain a list of the tenants occupying
the same. Furthermore, in order to obtain compliance with this article,
it is necessary to implement an enforcement procedure, which includes
fines and penalties for noncompliance.
As used in this article, the following terms shall have the
meanings indicated:
DWELLING
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons. This definition
shall be construed to include mobile homes and rooming houses. This
definition shall not be construed to include hotels, motels, homeless
shelters, dormitories, hospitals, buildings or portions thereof owned
or operated by a Housing Authority created or organized in accordance
with the Housing Authorities Law, 35 P.S. § 1541, rehabilitation
or treatment centers, nursing homes or personal care homes.
LANDLORD
One or more persons, jointly or severally, in whom all or
part of the legal title to the premises is vested or all or part of
the beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
OCCUPANCY LICENSE
The license issued to the owner of residential unit(s) in
accordance with this article, which is required for the lawful rental
and occupancy of residential units.
OCCUPANT
An individual who resides in a residential unit, as defined
herein, with whom a legal relationship with the owner/landlord is
established or exists by virtue of a lease or by the laws of the Commonwealth
of Pennsylvania.
OWNER
One or more persons, jointly or severally, in whom all or
part of the legal title to the premises is vested or all or part of
the beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, limited liability company, trust
or any other entity.
PROPERTY MANAGER
A natural person, partnership, corporation, unincorporated
association, limited partnership, limited liability company, trust
or any other entity appointed by a landlord to take care of a residential
rental property or unit within the Borough and act as agent for the
landlord.
RESIDENTIAL RENTAL UNIT
Any structure within the Borough occupied by someone other
than the owner of the real estate as determined by the most current
deed, recorded in the Recorder of Deeds Office for Luzerne County,
and for which the owner of said real estate receives any value, no
matter how nominal, including, but not limited to, money, barter or:
exchange of goods or services. Each apartment within a building or
structure is a unit which requires a license.
If any section or provision of this article is adjudicated by
a Court of competent jurisdiction to be unlawful, void and unenforceable
or invalid all of the remaining sections shall remain in full force
and effect.
This article shall become effective immediately upon adoption
and all prior ordinances or any parts thereof that are inconsistent
herewith are hereby repealed.