City of Erie, PA Rental Housing

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.

In considering the adoption of this article, the City makes the following findings:

Half of all households in the City are renters.

Eviction is known to cause a wide range of personal and social ills including, but not limited to, homelessness.

RENTAL PREMISES or PREMISES

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.

§ 354.04 Definitions.

[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.

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.

§ 354.05 Tenant's rights in the event of Code violations.

[Ord. No. 66-2023, passed 10-18-2023]

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:

Terminate the lease with the existing tenant unless tenant has violated a provision of the lease; or

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.

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.

§ 354.06 Retaliation prohibited.

[Ord. No. 66-2023, passed 10-18-2023]

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:

Tenant's actions in filing a complaint with federal, state, or local authorities alleging a violation of Code or law regarding housing conditions; or

Tenant's status as a survivor of domestic violence.

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.

§ 354.07 Protection of survivors of domestic violence.

[Ord. No. 66-2023, passed 10-18-2023]

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:

Tenant provides 30 days' written notice of the early termination date; and

Tenant vacates the premises no later than the early termination date; and

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.

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.

§ 354.08 Notice requirements.

[Ord. No. 66-2023, passed 10-18-2023]

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:

The amount of the rent increase/other charge;

The effective date of the rent increase/other charge; and

The new payment amount.

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.

§ 354.09 Eviction during term of lease.

[Ord. No. 66-2023, passed 10-18-2023]

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).

For purposes of this section, good cause shall include any of the following:

Nonpayment of rent or breach of a material term of the lease remaining uncorrected after notice and an opportunity to cure;

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