[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
This Residential Housing Rental Permit Program is adopted in accordance with authority existing under Section 2961 of the Pennsylvania Home Rule Law, Sections 4101 and 4103 of the Municipal Housing Ordinance Authorization Law, Sections 102 and 104 of the Pennsylvania Construction Code Act, and Section 23158 of the Second Class City Code.
The Purpose of this Chapter and the policy of the City of Pittsburgh
is to protect and promote the public health, safety, and welfare of
its citizens, to establish rights and obligations of owners and occupants
relating to the health and safety of residential units in the City,
to ensure rental units meet all applicable building, existing structures,
fire, health, safety, and zoning codes, and to carry into effect the
purposes of Pennsylvania statutes concerning the occupation, maintenance,
use, and inspection of buildings and the protections of the occupants
thereof. As a means to these ends, this Chapter provides for a systematic
inspection program, registration, and permitting of residential rental
units, an efficient system for compelling both absentee and local
landlords to correct violations and maintain, in proper condition,
rental property within the City, fees to support program implementation,
and reasonable penalties for non-compliance. The City recognizes that
the most efficient system is the creation of a program requiring the
registration of residential rental units within the City as defined
in this Chapter, so that an inventory of rental properties and verification
of compliance can be made by City officials.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
As used in this Chapter, the following terms and words shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended.
(a)
CITY
means the City of Pittsburgh. To the extent that this Article
requires filings or submissions, City shall refer to the Department
of Permits, Licenses, and Inspections, Department of Finance, City
Planning or other entity that the City has legally designated to perform
a function on its behalf.
(b)
DORMITORY
means the use of a zoning lot for occupancy solely by groups
of people who are not defined as a family and who are registered students
at a college, university or other institution of higher learning,
on a weekly basis or longer, and is managed by the institution at
which the students are registered.
(c)
DWELLING UNIT
means a building, or portion thereof, designed for occupancy
for residential purposes and having cooking facilities and sanitary
facilities.
(d)
LANDLORD
means any person who owns or controls a dwelling, dwelling
unit, or rental unit and rents such unit, either personally or through
a designated agent, to any person.
(e)
LICENSE OFFICER
means the City of Pittsburgh Department of Permits, Licenses,
and Inspections.
(f)
OWNER
means the legal title holder of a rental unit or the premises
within which the rental unit is situated.
(g)
PERSON
means any natural individual, firm, partnership, association,
joint stock company, joint venture, public or private corporation
or receiver, executor, personal representative, trust, trustee, conservator
or other representative appointed by order of any court.
(h)
PREMISES
mean any lot, plot, parcel of land, including the buildings
or structures thereon, which also includes any structure with one
or more dwelling units.
(i)
RENTAL UNIT
means any dwelling unit or structure containing dwelling
units or sleeping units, which is leased or rented from the owner
or other person in control of such units, to any tenant for any period
of time. Dormitories, certified rehabilitation facilities, and long-term
medical care facilities shall be exempt from this Chapter. Hotels,
motels, nursing homes, and other properties which are subject to permitting
and inspection by the Allegheny County Health Department's (ACHD)
Housing and Community Environment Program are also exempt from this
Chapter. Domiciles used by owners as short-term homestays and experiences
are to be considered rental units subject to the provisions of this
Chapter.
(j)
SLEEPING UNIT
means a building, or portion thereof, designed for occupancy
for residential purposes and can have cooking facilities or sanitary
facilities but not both.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
No person shall lease, rent, or otherwise allow a rental unit
within the City to be occupied without having a currently valid rental
permit issued by the License Officer as required by this Chapter.
It shall be unlawful for any person to charge or collect rent for
occupancy of a rental unit with the City unless a permit has been
issued by the License Officer and such permit has not expired or been
revoked.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
(a)
Registration
Forms. Rental permit registration shall be made upon forms furnished
by the City and shall require all of the following information:
(1)
The street address and block and lot number of the rental unit(s);
(2)
The number of rental units within the rental property;
(3)
Name, residence address, telephone number, e-mail address, and mobile
telephone number for all property owners of the rental unit(s);
(4)
A copy of a current, valid government-issued photo ID for the applicant,
as proof that the applicant is at least 18 years of age or older,
as required under Title 7 of the Pittsburgh City Code;
(5)
A copy of a current valid occupancy permit for the property shall
be provided with the initial application. A Certificate of Occupancy
is not required for any structure exempt from such requirement under
Title(s) 9 and 10 of the Pittsburgh City Code.
(6)
Name and contact information for a person with authority to schedule
inspections and allow for the entry by City officials into the unit.
(b)
Accurate
and Complete Information. All information provided on the registration
application shall be accurate and complete. No person shall provide
inaccurate information for the registration of a rental unit, or fail
to provide the information required for such registration. Failure
to comply with this provision will result in the rejection of the
application.
(c)
Change
in Registration Information or Transfer of Property.
(1)
If the property is transferred to a new owner, the new property owner
of a registered rental unit shall re-register the rental unit within
sixty (60) calendar days following the transfer of the property.
(d)
Registration
Term and Renewals. Registration of a rental unit shall be effective
for one (1) year from the date of issuance. The property owner shall
re-register each rental unit with the City at least thirty (30) days
prior to the expiration of the registration of the rental unit.
(e)
Permits
Term and Renewals.
(1)
Except as otherwise provided in this Section, every rental unit is
required to pass inspection as a postcondition to the issuance of
a rental permit, for the purpose of ascertaining that the unit complies
with City of Pittsburgh housing and property maintenance standards.
(2)
After receipt of a complete application and issuance of a rental
permit, the owner or applicant designee shall schedule an inspection
within a timeframe established by the Department of Permits, Licenses,
and Inspections.
(3)
Pending the initial inspection for rental units existing as of the
effective date of this ordinance, each rental unit will be issued
a provisional permit, provided that the License Officer determines
that the unit complies with all applicable regulations and that the
rental permit registration fee has been paid.
(4)
The inspector shall confirm that the rental unit is compliant with
the City of Pittsburgh housing, zoning, and property maintenance standards
following inspection. The Department of Permits, Licenses, and Inspections
shall promulgate regulations for the scheduling of inspections and
issuance of permits.
(5)
After the inspection, if the inspector finds that the rental premises
is not in compliance with the City of Pittsburgh housing and maintenance
standards, the Department of Permits, Licenses, and Inspections shall
notify the applicant in writing of the deficiencies within ten (10)
days of the inspection via first-class mail. The owner shall be given
a period of time determined to be reasonable by the inspector to correct
the deficiencies, depending on the complexity of the deficiency with
due regard given to health and safety considerations. If a serious
health or safety issue is discovered at the time of the inspection
as determined by the inspector, and per the adopted property maintenance
code, the Department of Permits, Licenses, and Inspections shall be
authorized to revoke the rental permit and take such additional actions
to preserve life and safety as necessary.
(6)
For any unit that has passed its inspection, the permit shall be
effective for three (3) years.
(7)
No rental permit shall be renewed unless the owner has submitted
a complete registration form for that unit, all rental permit registrations
fees have been paid, all fines and costs of nuisance abatement, if
any, have been paid, and the rental unit has passed inspection by
the License Officer.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
The Department of Permits, Licenses, and Inspections is hereby
authorized and directed to inspect each registered rental unit as
a postcondition to the issuance of a non-provisional rental permit
for the purpose of ascertaining that the unit complies with City of
Pittsburgh housing and property maintenance standards. The City of
Pittsburgh will utilize the International Property Maintenance Code
for the purposes of carrying out and enforcing compliance with minimum
residential rental housing quality and standards. Any unit that has
not passed its inspection shall be inspected by the Department of
Permits, Licenses, and Inspections until such time that it does pass
an inspection by a License Officer. The failure of an owner, landlord,
or occupant to allow the inspector access to a rental unit sufficient
to permit the required inspection shall result in the License Officer
obtaining an administrative warrant in accordance with Section 104.3
of the International Property Maintenance Code, which was adopted
by Chapter 1004.01 of the City Code.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 42-2021, § 1, eff. 11-8-2021; Ord. No. 23-2023, § 1,
eff. 9-28-2023]
(a)
In accordance with Chapter 170 of the City Code, the City Council shall establish an appropriate fee for rental permit registration and may review and increase such fees on an annual basis.
(b)
Fee schedule: Annual rental registration fees shall be reviewed and set annually in accordance with Chapter 170 of the City Code.
(c)
Section
8 Affordable Housing Units inspected by HUD under 42 U.S.C.S. 1437d(f)
and in compliance with Housing Quality Standards (HQS) promulgated
under 42 U.S.C.S. 1437d(f)(2) are exempt from this Section.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
(a)
The
Department of Permits, Licensing, and Inspections shall coordinate
the implementation and enforcement of this ordinance and shall promulgate
appropriate regulations for such purposes.
(b)
The
regulations promulgated by the Department of Permits, Licensing, and
Inspections shall be communicated to City Council.
(c)
This
ordinance shall take effect immediately following the posting of the
regulations by the Department of Permits, Licenses, and Inspections.
(d)
It
is the intent of Council that the appropriate expenditures are made
and the staff to implement the program be hired on or before the initial
implementation date.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
(a)
When
the Department of Permits, Licenses, and Inspections determines that
there has been a violation of any provision of this Chapter, the License
Officer or their designee shall send the owner or responsible local
agent a Notice of Violation, warning of the failure to comply with
the Chapter. Such written notice shall provide with specificity any
violation, any corrective actions required to cure violation, and
the right to appeal in accordance with this Chapter.
(b)
Notice
shall be served in accordance with applicable law and per the adopted
property maintenance code.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
Any person aggrieved by any action of the License Officer shall have the right to appeal such action in accordance with Section 701.16 of this Title.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
Leasing, renting, or otherwise allowing a rental unit within
the City to be occupied without a valid rental permit from the License
Officer as required by this Chapter shall be a summary offense. The
fine for each separate violation shall not exceed five hundred dollars
($500.00) per each unit per month that a rental unit is not registered
or properly permitted as required by this Chapter.
This penalty section shall not limit the rights of the City,
tenants, or any other person with legal standing to take any lawful
action or seek any remedy available to them at law or in equity.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
This Chapter and the various parts, sections, subsections, sentences,
phrases, and clauses thereof are hereby declared to be severable.
If any part, section, subsection, sentence, phrase or clause is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the Chapter shall not be affected thereby.
[Ord. No. 60-2015, § 1,
eff. 12-18-2015; Ord.
No. 23-2023, § 1, eff. 9-28-2023]
All resolutions, ordinances, or parts thereof in conflict in
whole or in part with any of the provisions of this Chapter are, to
the extent of such conflict, hereby repealed.
[Ord. No. 50-2021, § 1,
eff. 12-6-2021]
(a)
Applicability.
This Section shall apply to any buildings, or portion of a building,
that was built before January 1, 1978 and is used as a residential
rental dwelling. All elements of any inspection required hereunder
shall be performed in accordance with applicable state and federal
law.
(b)
Inspections for Lead-Based Paint Hazards. Inspections conducted pursuant to Section 781.04 of the City Code by the Department of Permits, Licenses and Inspection of a building, or a portion of a building, built before January 1, 1978 and used as a residential rental dwelling shall include:
(1)
A visual assessment for bare soil on the lot(s) upon which the building
or relevant portion thereof is situated;
(2)
A visual assessment for deteriorated paint surfaces in the interior,
exterior and common areas of the building or relevant portion thereof;
(3)
Lead dust wipe sampling inside of any dwelling, which shall include,
at minimum, the following elements:
(A)
Dust wipe samples shall be taken on floors and windowsills/window
troughs that have a paint history in at least four (4) rooms, including
the entryway/entry room, not less than one (1) bedroom, and the living
room;
(B)
Dust samples shall be collected by persons authorized and/or certified
by the Federal Environmental Protection Agency as a lead inspector,
risk assessor, dust wipe technician or lead sampling technician;
(C)
Dust samples shall be submitted to a certified third party for analysis,
interpretation and preparation of a report on the presence of lead
and any lead hazards.
(c)
Requests for Inspection for Lead-Based Hazards. The Department of Permits, Licenses and Inspection shall establish and maintain a system whereby City residents who own or rent a dwelling may request and obtain a free lead hazard inspection of their home which satisfies the minimum inspection requirements set forth in subsection (b). The results of any such lead hazard inspection shall be provided in writing to the person who requested the inspection and, for any rental dwelling, to the property owner or the property owner's duly authorized agent.
(d)
Remediation of Lead-Based Hazards
and Enforcement.
(1)
Any bare soil, deteriorated paint surface or lead dust hazard identified
in an inspection required by this Section shall be remedied by the
property owner using properly certified lead professionals in accordance
with applicable provisions of federal law, state law and the City
Code and the "Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing" issued by U.S. Department of Housing and
Urban Development.
(2)
The Department of Permits, Licenses and Inspection shall re-inspect
any property where such a bare soil, deteriorated paint surface or
lead dust hazard has been identified in order to determine whether
the hazard(s) has been remedied. This re-inspection shall be within
thirty (30) days of the citation of the hazard(s) or of the receipt
of documentation from the property owner certifying correction of
the hazard(s) and may be repeated, as necessary, until such hazard
has been remedied.
(e)
Retaliation Prohibited. An owner or landlord shall not retaliate against any tenant for an exercise of any rights provided hereunder, including the receipt of a lead inspection of tenant's rental unit. There shall be a rebuttable presumption of unlawful retaliation whenever an owner or landlord takes an action to evict a tenant within ninety (90) days of a lead inspection of tenant's rental unit. All applicable terms herein shall be defined as provided under Section 781.01 of the City Code.
(f)
Buildings
Receiving City Assistance. Henceforth, any building, or portion of
a building, built before January 1, 1978 and used as a residential
rental dwelling that receives any financial assistance from the City
as of the effective date of this Ordinance [from which this Chapter
derives], shall be consistent with applicable law, subject to the
requirements of [Section] 782.01.
(g)
Exceptions.
Notwithstanding any other provision of this Section, the requirements
of this Section shall not apply to any building, or relevant portion
thereof, where the property owner, or the property owner's duly authorized
agent, demonstrates to the Department of Permits, Licenses, and Inspections
with credible evidence that the building, or relevant portion thereof,
contains no lead-based hazards. Credible evidence for purposes of
this subsection may include a report prepared by a professional who
is certified by the Pennsylvania Department of Labor and Industry
(PA L&I) as a lead risk assessor that the building, or relevant
portion thereof, contains no lead-based paint hazards.
(h)
Public
Information. Subject to applicable law, the results of all inspections
and remediation work required by this Section shall be made publicly
available on the Department of Permits, Licenses and Inspection webpage
in a manner that permits renters, parents, and other consumers to
meaningfully consider this information.
(i)
Fees. In accordance with and subject to the provisions of Section 170.01 of the City Code, the Department of Permits, Licenses and Inspections is hereby authorized to develop a fee schedule and charge lawful fees necessary to implement and enforce this Section. This fee shall be included in the annual fee schedule, by the process set forth in Chapter 170 of the City Code.
(j)
Necessary
Regulations, Policies, Procedures or Code Revisions. The Department
of Permits, Licenses and Inspections shall, within one hundred eighty
(180) days of the enactment of this Ordinance [from which this Chapter
derives], submit to Council for review and approval, as appropriate,
any regulation, policy, procedure, or Code revision that the Department
deems necessary to implement the requirements of this Section.
