[Ord. No. 66-2023, passed 10-18-2023]
The title of this article shall be the "City of Erie Rental
Housing Ordinance."
[Ord. No. 66-2023, passed 10-18-2023]
This Rental Housing Ordinance is adopted in accordance with authority existing under Article
III of the Optional Third Class City Charter Law, and the Third Class City Code (11 Pa.C.S.A. § 12435).
[Ord. No. 66-2023, passed 10-18-2023]
(a) The purpose of this article and the policy of the City of Erie (hereinafter
"City") shall be to protect and promote the public health, safety
and welfare of its citizens and to establish rights and obligations
of the owners and occupants of rental housing in the City.
(b) In considering the adoption of this article, the City makes the following
findings:
(1)
Half of all households in the City are renters.
(2)
Eviction is known to cause a wide range of personal and social
ills including, but not limited to, homelessness.
(3)
Tenants tend to have less bargaining power and resources than
landlords, and, as a result, may feel forced to accept inferior rental
terms and property conditions, or feel unable to assert their legal
rights for fear of losing their home.
(4)
Survivors of domestic violence are at increased risk of housing
insecurity and homelessness and need to live in a home that is free
from violence and discrimination.
(5)
Every person should have access to safe, accessible, healthy,
and affordable housing without consideration of their race, color,
disability (including the use of a support animal), religious creed,
ancestry, age, familial status, sex (including status as a survivor
of domestic violence), gender identity, sexual orientation, national
origin, criminal history or source of income.
[Ord. No. 66-2023, passed 10-18-2023]
For the purposes of this article, the following definitions
shall apply:
CODE
Any state or local code or ordinance adopted, enacted or
in effect in and for the City of Erie relating to or concerning the
fitness for habitation, construction, maintenance, operation, use
or appearance of any rental premises.
CODE OFFICIAL
The official designated by the City to enforce building and/or
similar laws and this article, or their duly authorized representative.
DOMESTIC VIOLENCE
Abuse, as defined in 23 Pa.C.S.A. § 6102 (Protection
from Abuse Act).
EVICTION
Any court-ordered removal of a tenant from a property in
which they reside.
LANDLORD
An owner of rental premises or person who has charge, care
or control of rental premises, including any agent thereof.
NOTICE OF VIOLATION
A written notice provided by the Code Official to a landlord
informing the landlord of the existence of a violation of any Code
and ordering the correction of said violation(s).
OWNER
The owner or owners of the freehold of the rental premises
or lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, firm
or corporation in control of rental premises, including their duly
authorized agents.
RENTAL PREMISES or PREMISES
A residential unit occupied by a person or persons other
than the owner. Rental premises shall not include a hotel unit.
TENANT
A person or persons other than the owner of record, occupying
a building or portion thereof as a residential unit.
[Ord. No. 66-2023, passed 10-18-2023]
(a) Whenever any premises is found in violation of any Code provision
and a notice of violation has been issued by the Code Official, it
shall be unlawful for any landlord to:
(1)
Terminate the lease with the existing tenant unless tenant has
violated a provision of the lease; or
(2)
Amend or modify any term or condition of any existing lease
with any tenant where the change is intended to recover the cost or
value of corrections necessary to bring a property into compliance
with the Code.
(b) Exception. This section shall not apply to any landlord who desires
to terminate an existing lease after a notice of violation has been
issued in order that the premises may be rehabilitated and the violation
cured if the Code Official issues a certification that such work requires
that the premises be vacated.
[Ord. No. 66-2023, passed 10-18-2023]
(a) It shall be unlawful for any landlord to terminate a lease, amend
any term or condition of any existing lease, or refuse to lease any
premises to a prospective tenant, in retaliation for:
(1)
Tenant's actions in filing a complaint with federal, state,
or local authorities alleging a violation of Code or law regarding
housing conditions; or
(2)
Tenant's status as a survivor of domestic violence.
(b) In the event tenant asserts retaliation pursuant to §
354.06(a) above, and the termination/amendment occurred within six months of tenant's filing of a complaint or tenant's survival of an incident of domestic violence, landlord shall bear the burden to prove a nonretaliatory reason for such termination or amendment.
[Ord. No. 66-2023, passed 10-18-2023]
(a) Early termination. Landlord shall, at the request of a tenant who
is a survivor of domestic violence, permit tenant to terminate the
lease regardless of the lease term and without penalty for early termination,
provided that:
(1)
Tenant provides 30 days' written notice of the early termination
date; and
(2)
Tenant vacates the premises no later than the early termination
date; and
(3)
At the time the notice of termination is made, tenant provides
a court order or approved consent agreement for protection from abuse
pursuant to the Protection from Abuse Act (23 Pa.C.S.A. § 6101
et seq.), or other suitable evidence of domestic violence; and
(4)
At the time the notice of termination is made, tenant pays landlord
an amount equal to two times the monthly rent.
(b) Lock change. Landlord shall, at the request of a tenant who is a
survivor of domestic violence, and at tenant's cost, install
new locks to the premises.
(c) Nothing in this section shall limit the authority of a landlord to
evict a tenant for violations of a lease agreement, provided that,
in determining whether to evict, the landlord shall not apply a disparate
standard as applied to other tenants who are not survivors of domestic
violence.
(d) Nothing in this section shall prohibit a landlord from modifying
an existing lease or entering into a new lease with a tenant who is
the survivor of domestic violence after the eviction of a tenant that
has committed an act or acts of domestic violence.
[Ord. No. 66-2023, passed 10-18-2023]
(a) Landlord notice to tenant of increase in rent or other charges. A
landlord who desires to increase rent or other charges during a lease
term shall provide tenant with at least 60 days' prior written
notice of the following:
(1)
The amount of the rent increase/other charge;
(2)
The effective date of the rent increase/other charge; and
(b) Tenant notice to landlord of lease termination. A tenant, who has received a notice of an increase in rent or other charges under Subsection
(a) and who elects not to accept such rent increase/other charges, may terminate the lease by providing landlord with a written lease termination within 30 days of tenant's receipt of the notice of rent increase/other charges. In such event, the lease shall terminate on the proposed effective date of the rental increase.
[Ord. No. 66-2023, passed 10-18-2023]
(a) No landlord shall commence an Eviction during the term of a lease unless the landlord has good cause to terminate the tenancy, as specified in Subsection
(b).
(b) For purposes of this section, good cause shall include any of the
following:
(1)
Nonpayment of rent or breach of a material term of the lease
remaining uncorrected after notice and an opportunity to cure;
(2)
Tenant engages in nuisance activity that creates a substantial
interference with the use, comfort or enjoyment of the property by
the landlord or other tenants in the building or that substantially
affects the health or safety of the landlord or other tenants in the
building; or
(3)
Tenant causes substantial deterioration of the property beyond
normal wear and tear.
(c) The process for eviction shall comply with the provisions of Pennsylvania
law and Erie County ordinances. These provisions include providing
the tenant with a written notice to quit before pursuing eviction
through the court system (the notice time depends on the reason for
eviction and the terms of the lease).
[Ord. No. 66-2023, passed 10-18-2023]
The process for eviction after expiration of a lease term shall
comply with the provisions of Pennsylvania law and Erie County ordinances.
These provisions include providing tenant with a written notice to
quit before pursuing eviction through the court system (the notice
time period depends on the length of the expired lease and the terms
of the lease).
[Ord. No. 66-2023, passed 10-18-2023]
No provision of this article can be waived in a lease or otherwise
made subject to a contract between the parties depriving a tenant
of the benefits of this article except as provided by federal, state,
or local law.
[Ord. No. 66-2023, passed 10-18-2023]
Any landlord who violates any provision of this article shall
be fined not less than $100 nor more than $1,000 for each offense.
This section shall not limit or impair the ability of a tenant, the
City, or any other person with legal standing to assert any right
or seek any legal remedy available in law or equity.