A. 
It is the purpose of this article to assure that rental housing in the Township of Lower Merion is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of residential rental properties is a business enterprise that entails certain responsibilities. Property owners and operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the Township of Lower Merion who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure and sanitary, and free from unreasonable exposure to unsafe conditions.
B. 
This article does not apply to student rental units that are specifically regulated by the Township of Lower Merion, nor does it apply to dormitory units, nursing homes, boarding homes, hotels or motels.
A. 
It shall be unlawful for any person who is an owner of a residential rental unit or multi-unit dwelling to operate or permit occupancy by tenants of such unit or multiple unit dwelling without first having obtained a license for each unit under the provisions of this article.
B. 
Dwelling units occupied by the owner of the premises as the owner's primary residence are exempt from the licensing requirement.
A. 
Regular licenses.
(1) 
The application for a residential rental license must contain the following information and any other information that the Director may require to assess compliance with the property maintenance code and this article:
(a) 
The name, mailing address, email address and cell phone number of the applicant and a statement of the applicant's relationship to the owner of the property to be licensed.
(b) 
The names, mailing addresses, email addresses and cell phone numbers of the owners of the premises to be licensed.
(c) 
If the applicant is a partnership, the names and addresses of each managing partner.
(d) 
If the applicant is a corporation, the names and addresses of the officers.
(e) 
The names, mailing addresses, email addresses and cellphone numbers of the individual(s) responsible for maintaining the property. If these individuals are not the owner or applicant, such persons shall be identified as agent, employee, manager, etc. The identified individuals must be available in the event of emergency. The said individuals must reside within 10 miles of the residential rental property.
(f) 
If the applicant is an owner of more than one dwelling or multi-unit dwelling(s) in the Township of Lower Merion, a separate license is required for each residential rental unit.
(2) 
Any changes in the application information above or required by the Director during the license term must be reported to the Director promptly and no later than 30 days after the date of said change.
(3) 
The application shall be accompanied by the application fee set forth in a schedule of fees set by resolution of the Board of Commissioners from time to time.
(4) 
By issuance of the applied-for license, the owner agrees that all the rental agreements between the owner and tenants of a licensed residential rental property will contain a provision wherein the tenant consents to the inspection of their residential rental unit as necessary to enable the owner to comply with this article.
(5) 
The Director shall require the inspection of any premises for which a residential rental license is requested. The licensee or applicant must give reasonable notice to each tenant of the date and time of an inspection, not less than 48 hours nor more than 30 days prior to the scheduled inspection. The tenant's consent to inspection contained in the rental agreement is sufficient to permit the Director to enter upon the premises for conducting the inspection. The owner or an authorized representative of the owner must be present at the time of the inspection, unless waived by both the owner and the Director. Refusal to permit entry to the premises shall be grounds for denying, suspending, and/or revoking the residential rental license under this article.
(6) 
All dwelling units and common areas, including sidewalks, stairways and yards, must be found in compliance with applicable codes before a residential rental license can be issued for residential rental unit.
(7) 
If the Director concludes, as a result of the information contained in the application or other available information, including an inspection of the premises, that a residential rental unit or the premises of the unit is not in compliance with applicable codes and this section, the applicant will have a designated time period, to be determined by the Director, from receipt of notice of noncompliance to correct the defects specified in the notice, but tenant occupancy may continue during the correction period only if the defects do not create an imminent hazard. The Director may authorize additional time for compliance by the owner in the exercise of reasonable discretion.
(8) 
From the date that the Director has ordered an inspection under the preceding subsection no occupancy of residential rental units then vacant, or which become vacant, is permitted until a residential rental license has been issued.
(9) 
If the renewal of a residential rental license is filed before the expiration of the current license and, due to no fault of the applicant, the premises cannot be inspected prior to the expiration of the license due to a high number of properties in queue for inspection, the Director, in his or her discretion, may permit the owner to continue operating under the expired license until such time as the inspections and compliance steps are completed within the time frame set by the Director.
B. 
Denial; suspension; revocation; nonrenewal.
(1) 
The Director may revoke, suspend, deny or decline to renew any residential rental license issued under this section upon any of the following grounds:
(a) 
False statements on any application or other information or report required by this section to be given by the applicant or licensee.
(b) 
Failure to abate a violation of Township codes and ordinances that apply to the premises within the time directed by the Director.
(c) 
Failure to pay any application fee, penalty or certificate, transfer, reinspection, or reinstatement fee required by the Board of Commissioners of the Township of Lower Merion as set forth in a schedule of fees set by resolution of the Board of Commissioners from time to time.
(d) 
Failure to register with the Township's Business Tax Collector, maintain their current business license, and pay any tax or fee as outlined and required by Chapter 138 of the Code of Lower Merion Township.
(e) 
Three violations of this article or other ordinances of the Township that apply to the premises within a license term. For purposes of this article, there need be no criminal conviction before a violation can be found to exist. Before a prior violation can be considered under this section, the owner must have received notice in writing of this violation within 30 days after the Director received notice of the violation.
(f) 
Any other violation of this article.
(2) 
Residential rental licenses will be revoked or suspended during a license term, or not renewed if at the end of a term, upon a finding that the premises is not code compliant. If a license is suspended or revoked, the owner may continue to lease the premises for a set period of time as determined by the Director.
(3) 
An action by the Director to revoke, suspend, deny or not renew a residential rental license must be in writing and must specify the residential rental unit to which it applies or the entire property and must set forth the grounds for corrective action. In taking the action, the Director may consider the extent of noncompliance, frequency and seriousness of violations, the ease with which such noncompliance or violations could have been cured or avoided, and good faith efforts to comply with all the applicable ordinances. The applicant or licensee may appeal the action of the Director as set forth in this article.
(4) 
The Director may suspend or revoke a license or not renew a license for part or all of a multiunit dwelling.
(5) 
Upon a decision to revoke, suspend, deny or not renew a license, no new application from the current owner for the same residential rental unit will be accepted unless accompanied by a reinstatement and reinspection fee, as set forth in a schedule of fees set by resolution of the Board of Commissioners from time to time.
C. 
Nothing in this section prevents the Director from requiring a residential rental property to be vacated if any known hazardous condition threatens imminent risk of injury or harm to the tenants or members of the public. Furthermore, nothing in this article is intended to interfere with a Director's right to inspect at any time any property in the Township of Lower Merion upon complaint, notice, or reasonable suspicion that the property fails to comply with applicable maintenance and safety codes.
A. 
Notification. Following a determination that grounds for nonrenewal, suspension or revocation of a license exist, the Director shall notify the owner of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner in question and shall contain the following information:
(1) 
The address of the premises in question and identification of the particular residential rental unit(s) affected.
(2) 
A description of the violation which has been found to exist.
(3) 
A statement that the license for said residential rental unit(s) shall be either suspended or revoked or will not be renewed for the next license year, or that the owner will receive a formal warning. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence and shall also state the duration of said suspension or revocation.
(4) 
A statement that, due to the nonrenewal, suspension or revocation (as the case may be), the owner or any person acting on his, her or its behalf is prohibited from renting, leasing or permitting occupancy of the student dwelling unit(s) by more than two unrelated students subject to said enforcement action, from and during the period said action is in effect.
(5) 
A statement informing the owner that he, she or it has a right to appeal the decision suspending, revoking or declining to renew the license to the Board of Commissioners, by submitting in writing to the Township Secretary, within 30 days from the date printed on the notice, a detailed statement of the appeal including the grounds therefor and the reason(s) alleged as to why the determination of the Director is incorrect or should be overturned, and a statement of relief requested by the appellant. Such notice of appeal may be required to be submitted on a form to be prescribed therefor by the Board of Commissioners, to be signed by the appellant. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established, from time to time, by the Board of Commissioners.
(6) 
Upon receipt of such an appeal in proper form, accompanied with the requisite filing fee, the Township Secretary shall schedule a hearing to be held at the time and date of the next regularly scheduled Board of Commissioners meeting not less than 10 days nor more than 60 days from the date on which the appeal is filed.
(7) 
The appellant, the Director and the owners of every lot on the same street within 500 feet of the lot or building for which the license is at issue, and every lot not on the same street within 150 feet of the lot or building in question, shall receive written notice of the hearing on the appeal. However, the failure of any owner to receive such notice shall not affect the validity of the hearing.
(8) 
The Board of Commissioners shall hold a hearing on the appeal which shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. §§ 551 through 555. The appellant and all other parties having an interest may be heard. Based on the facts and arguments of the appellant and of Director and any Lower Merion Police Department or other public officials involved, and any relevant factual presentations of other parties, the Board of Commissioners shall make a decision either affirming, reversing or modifying the action of the Director from which the appeal was taken.
(9) 
Such decision shall be rendered at a public meeting either immediately following the hearing or within 30 days thereafter. The decision shall be reduced to writing stating the factual and legal basis for the decision, within 45 days after rendering the decision. If the Board of Commissioners deems it necessary or desirable, it may continue the hearing to a subsequent time and date not later than 30 days from the initial hearing, which time and date shall be openly announced at the initial hearing and in such case, the time limits for rendering the decision and reducing it to writing set forth herein shall be calculated from the last hearing date (at which the substance of the decision is orally announced).
B. 
Delivery of notification. All notices shall be sent to the owner and manager, if applicable, by certified mail. In the event that the notice is returned by the postal authorities marked "unclaimed" or "refused," then the Director shall attempt delivery by personal service on the owner or manager, if applicable.
A. 
License term, fee and occupancy limit.
(1) 
The term of a residential rental license granted under this subsection is annual, running from January 1 through December 31. As a requirement of issuance or renewal of a regular license, the Director must inspect the residential rental unit and the premises to ensure compliance with the applicable codes. The licensee must give notice of the inspection to all applicable residents of residential rental units owned by the licensee that are to be inspected.
(2) 
Upon application for a residential rental license and prior to issuance or renewal thereof, each applicant shall pay to the Township a license and inspection fee, in an amount to be established, from time to time, by the Board of Commissioners. The fee may vary based on the category of the premises.
(3) 
The residential rental license shall indicate thereon the maximum number of tenants permitted to occupy each residential rental unit.
(4) 
No residential rental license shall be issued if the owner has not paid any fines and costs arising from enforcement of this article or any of the ordinance of the Township of Lower Merion relating to land use and/or code enforcement, or if any licensing fees under this article are due and owing the Township.
A. 
Report changes in ownership. The licensee must report to the Director any changes in the identity of the owner, including a change in the majority shareholder or shareholders and officers in the case of corporations. The licensee must report a change in ownership at least 30 days after closing. The new owner must furnish the Director, in writing, the same information required of an applicant for a regular license within the said thirty-day period.
B. 
Display. Licenses issued pursuant to this article shall be produced upon demand of a prospective tenant or the Director.
C. 
Zoning ordinance compliance. Nothing in this article waives the obligation to be in compliance with Chapter 155, Zoning.
D. 
Designation of a property manager. Every owner who is not a full-time resident of the Township of Lower Merion, or elsewhere in an area that is within 10 miles from the Township of Lower Merion, shall designate a manager who, if an individual, shall reside in an area within 10 miles from the Township of Lower Merion. If the manager is an entity, an individual representative of the manager residing within 10 miles from the Township shall be designated. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside in the aforesaid ten-mile area from the Township. The officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required if a partner does not reside in the aforesaid ten-mile area from the Township. Said partner shall perform the same function as a manager. The manager shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this article and under rental agreements with tenants. The identity, mailing address, email address, and cellphone numbers(s) of a person who is designated as manager hereunder shall be provided by the owner or manager to the Township and such information shall be kept current and updated as it changes.
A. 
The Director is responsible for enforcement and administration of this article.
B. 
Enforcement actions provided are not exclusive, and the Township of Lower Merion may take any action with respect to a licensee, a resident, or the licensed premises as is authorized by law.
A. 
Basis for violation. It shall be unlawful for any person, as either owner or manager of a residential rental unit for which a license is required, to:
(1) 
Operate without a valid, current license issued by the Township authorizing such operation.
(2) 
Make a materially false statement in a license application may be prosecuted under 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
(3) 
Allow the number of tenants of a residential rental unit to exceed the maximum limit as set forth on the license, or to violate any other provision of this article.
(4) 
It shall be unlawful for any tenant to violate this article.
B. 
The Township of Lower Merion may enforce the provisions of this article in any court of competent jurisdiction in law or equity in addition to pursuing prosecution of the offending person for a summary violation.
C. 
Penalties. Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment of not more than 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
D. 
Nonexclusive remedies. The penalty provisions of this section and the license nonrenewal, suspension and revocation procedures provided in this article shall be independent, non-mutually exclusive separate remedies, all of which shall be available to the Township as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Township in the case of a violation of any other code or ordinance of the Township, whether or not such other code or ordinance is referenced in this article and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this article.
By enacting and undertaking to enforce this article, neither the Township of Lower Merion nor its Board members, agents or employees warrant or guarantee the safety, fitness or suitability of any apartment house, rental home, or dwelling unit in the Township of Lower Merion, and any representation to the contrary by any person is prohibited. Owners or tenants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare prior to purchase or occupancy of the rental unit or dwelling, without reliance on any license or certificate of compliance issued hereunder. A warning in the foregoing language will be printed on the face of each license and certificate of compliance issued in accordance with this article.