The purpose of this article and the policy of the City of Allentown shall be to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to residential rental units in the City and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. As a means to these ends, this article provides for a systematic inspection program, registration and licensing of residential rental units, responses to disruptive conduct in residential rental units, and penalties.
A.
It shall be unlawful for any person to conduct or operate or cause to be rented either as owner, operator, responsible agent or manager of any residential rental unit within the City of Allentown without having an active annual residential rental license, as required by this article.
B.
It shall be the duty of every owner, operator, responsible agent, or manager to keep and maintain all residential rental units in compliance with all applicable codes and provisions of all applicable state laws and regulations and local ordinances, and to keep such property in good and safe condition and to be aware of, and to act to eliminate disruptive conduct in such residential rental units.
C.
It shall be the responsibility of every owner, operator, or responsible agent to post a copy of their residential rental license in a conspicuous place in the owner's or operator's office or public hall in structures that contain five or more dwelling units. For all residential rental units, the residential rental license shall be accessible by the owner or operator to produce upon request of the Code Official. The intent is also served if the owner or operator does produce the residential rental license within 24 hours of request.
D.
No residential rental license shall be issued to any residential rental unit owned or operated by a person residing outside the County of Lehigh unless there is provided to the Department of Community and Economic Development the name, mailing address and telephone number of a designated responsible agent residing or working within the County of Lehigh, authorized to accept service of process on behalf of the legal owner of said residential rental unit, and cannot be the occupant/tenant of the unit. For the purpose of this section, a post office box is not acceptable for the owner and/or responsible agent's address. The owner/operator shall be required to notify the Department of Community and Economic Development within five business days of any change in responsible agent.
A.
Occupant duties. The occupant(s) shall comply with all obligations imposed by this article and all applicable codes and ordinances of the City of Allentown, as well as all state laws and regulations.
B.
The occupant(s) shall conduct themselves and require other persons, including but not limited to guests on the premises and within their residential rental unit with their consent, to conduct themselves in a manner that will not disturb the quiet enjoyment of the premises by others and that will not disturb the quiet enjoyment of adjacent or nearby dwellings by people occupying the same.
C.
The occupant(s) shall not engage in, nor tolerate, nor permit others on the premises to cause damage to the residential rental unit or engage in disruptive conduct, or other violations of this article, City codes or applicable state laws.
D.
The occupant(s) shall not tamper with or interfere with the operation or effectiveness of any smoke detector. Every occupant shall maintain in a clean and sanitary condition that part of the dwelling, dwelling or rooming unit, sleeping unit and yard which he occupies and controls. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard.
E.
The occupant(s) shall allow the Code Official to inspect the residential rental unit in accordance with this article at reasonable times
A.
Submission of application. A residential rental license application must be submitted within 10 business days of title transfer of new ownership for all rental units.
B.
Registration fees. The registration fee must be paid at the time of the initial application, covering the current calendar year or the remaining portion of the year. All subsequent registration fees are due annually by December 31, regardless of the initial registration date, to ensure the registration remains active for the following year.
C.
Transferability of fees. Rental registration fees may be transferred if the previous owner complied with all registration requirements, presale inspections, and fee payments prior to the title transfer. Proof of ownership, a completed rental registration application, and a certificate of compliance must be provided to the City within 10 business days of title transfer to qualify for exemption from paying fees for the current year.
A.
Every rental unit is required to pass inspection as a postcondition to the issuance of a residential rental license, for the purpose of ascertaining that the unit complies with City of Allentown housing and property maintenance standards.
B.
After receipt of a complete application and issuance of a residential rental license, the owner/operator/responsible agent shall schedule an inspection within a timeframe established by the Bureau of Building Standards and Safety. The inspector shall confirm that the rental unit is compliant with the City of Allentown housing, zoning, and property maintenance standards following the inspection.
C.
After the initial inspection, if the inspector finds that the rental premises is not in compliance with the City of Allentown housing and property maintenance standards, the Bureau of Building Standards and Safety shall notify the owner/operator/responsible agent in writing of the deficiencies within 10 business days of the inspection via first-class mail. The owner must correct all deficiencies within 30 calendar days of any inspection, unless otherwise cited by code official.
D.
Unfit for human habitation. If, at any time, the residential rental unit is determined to be unfit for human habitation, the unit shall be ordered vacated and remain vacant until the violation is corrected. If, after 10 calendar days from receipt of a notice of violation, a reinspection reveals that the violations have not been corrected, the residential rental license shall be revoked, and the unit shall remain vacant until the violation is corrected and the owner/operator/responsible agent.
E.
Reinspection. Every residential rental unit shall be reinspected no more frequently than once within a five-year period, unless a complaint of violation has been received, or a public officer has probable cause to believe a violation is occurring.
F.
Reinspection notice. Reinspection will occur in accordance with a systematic inspection program. A minimum of 30 calendar days' written notice shall be provided for all inspections, unless otherwise mutually agreed upon between the owner and the public officer.
G.
Compliance after first reinspection. If, upon completion of the first reinspection, the public officer finds any violations of the code, the violations will be noted in the inspection report, along with a scheduled date for the next reinspection.
H.
The owner, operator or manager must maintain and correct any code violations cited between the five-year full inspections within 30 calendar days of any inspection, unless otherwise cited by code official.
I.
The owner is required to provide two business days' notice of any change to inspection. If notice is not received within the time specified, the code official will conduct an exterior inspection of the property which will count as the 1st inspection and a no-show fee will be applied.
A.
The licensing provisions of this article shall not apply to hospitals, nursing homes, group homes or other units which offer or provide medical or nursing services, and wherein all operations of such facilities are subject to county, state or federal licensing or regulations concerning the health and safety of the users, patients or occupants. The registration and licensing provisions of this article also shall not apply to hotel/motel units, institutional dormitories, fraternity houses and sorority houses, as defined in Chapter 660, Zoning.
B.
An exemption may be considered for up to one property designated as a vacation home or secondary residence (snow bird property) to be exempt from the licensing requirements of this article when the property is not the primary residence of the owner but the listed owner of the property occupies the property for at least three consecutive months of every year and property must remain vacant during which period they live in their primary residence, as evidenced by a 12-month report of all utility bills. During the time of vacancy, the property must follow the vacant property guidelines. No exemptions will be permitted for more than one property under this section. Any violation of this code will cause the property to permanently lose its exemption.
C.
An exemption may be considered for any residential unit wherein, the property is occupied by a family member for whom a power of attorney is held, and wherein no rent is collected from any occupant. A copy of the legal power of attorney and names of all occupants must be provided to the City for consideration. Any violation of this code will cause the property to permanently lose its exemption.
D.
Exempt units may be inspected by a code official in response to a complaint, and if the exempt unit is found to be in violation of any City code, the owner, operator, responsible agent or manager shall correct the violation(s) within the time frame cited by the code official. If the violation(s) is/are not corrected, the unit(s) shall be enforced by all necessary means until the violation(s) is/are corrected.
A.
Revocation of residential rental license. A residential rental license may be revoked for any of the following reasons:
(1)
Failure to provide and maintain the name and current mailing address of the owner, operator, and responsible agent (if applicable) for City records.
(2)
Failure to bring the rental unit into compliance with the minimum standards outlined in this code.
(3)
Failure to pay the registration fee or failure to resolve any past-due balances on the account.
(4)
Failure to remain current on water and sewer fees or any other municipal charges associated with the rental unit.
(5)
Failure to correct a code violation identified in response to a complaint within the time frame specified by the public officer.
(6)
Noncompliance with the disorderly conduct or nuisance property provisions of this article.
B.
Reinstatement of residential rental license. If the residential rental license is revoked and the rental unit is vacant, the unit shall remain vacant until it is brought into compliance with this code. A residential rental license may be reinstated if the owner or operator:
A landlord may not engage in any retaliatory actions against a tenant. It is the right of every tenant and resident to report any alleged violation of City codes to the appropriate City official. An owner or property manager shall not evict a tenant in retaliation for the reporting of alleged code violations.
A.
Owners, operators, or occupant(s) at residential rental units shall not engage in disruptive conduct, nor tolerate, nor permit others on the property to engage in disruptive conduct.
B.
Police officers or public officers shall investigate alleged incidents of disruptive conduct. If the police or public officer identifies disruptive conduct they shall complete a disruptive conduct for the property on the prescribed form. A copy of the disruptive conduct report shall be sent to the owner, operator, responsible agent or manager within 10 working days of the occurrence of the alleged disruptive conduct.
C.
The owner of a residential rental unit shall have 10 working days from the date of receipt of a disruptive conduct report to appeal the contents of said disruptive conduct report. The appeal shall be made in writing and submitted to the Department of Community and Economic Development. An appeal of the third disruptive conduct report within a 12-month period shall stop the eviction proceedings against the occupants until the appeal is resolved, only if the eviction proceedings were a direct result of the third disruptive conduct report.
D.
After three disruptive conduct incidents in any 12-month period by an occupant documented by disruptive conduct reports, or any violation of Landlord and Tenant Act relating to drug offenses set forth in 68 P.S. § 250.505-A, the owner, operator, responsible agent or manager shall have 10 working days from the date of his/her receiving the notice to begin eviction proceedings against the occupants. Failure to take such action will result in the immediate revocation of the residential rental license. The residential rental unit involved shall not have its residential rental license reinstated until the reinstatement fee is paid and the disruptive occupants have been evicted, the Magisterial District Judge has ruled in the occupant's favor, the Magisterial District Judge has ruled in the owner's favor but has not ordered the eviction of the occupant(s), or the occupants have filed an appeal to a higher court or declared bankruptcy, thereby preventing their eviction. The disruptive occupants, upon eviction, shall not reoccupy any residential rental unit on the same premises involved for a period of at least one year from date of eviction. This subsection is not intended to limit or inhibit the owner, operator, responsible agent or manager's right to initiate eviction actions prior to the third disruptive conduct incident.
A.
Any property owner aggrieved by any decision of a police officer or public officer regarding a disruptive conduct report or the revocation of a residential rental license based upon the issuance of disruptive conduct reports or a revocation of a residential rental license based on the failure to abide by any other provision of this article, may appeal to the Disruptive Conduct Board of Appeals. Such appeal must be filed, in writing with appropriate fee, within 10 working days from the date of receipt of the disruptive conduct report or notice of revocation.
B.
The Disruptive Conduct Board of Appeals shall be a body of seven members consisting of: the Director of Community and Economic Development or his/her designee who shall serve as Chairperson; a Councilperson, the Director of Public Works or his/her designee; the Chief of Police or his/her designee; an owner, operator, responsible agent or manager of a residential rental unit(s) in Allentown; an occupant of a residential rental unit residing in the City of Allentown; and a member of a community group recognized by the Bureau of Planning.
(1)
There shall be three alternate members: an owner, operator, responsible agent or manager, an occupant of a residential rental unit residing in the City of Allentown and a member of a community group recognized by the Bureau of Planning.
(2)
All members of the Board shall be appointed by the Mayor with the advice and consent of the Council of the City of Allentown, with the exception of the Council member, who shall be appointed by the Council President. A member or alternate member shall serve a term of not more than three years from the time of appointment or reappointment or until his/her successor shall take office. Members and alternates of the initial board shall be appointed to staggered terms of one, two and three years.
(3)
Designees and alternate members may be requested to attend meetings in absence of a regular member and shall have all the powers of a regular member at such meetings.
(4)
Four members shall constitute a quorum of the Board. A majority vote of the members of the quorum of the Board shall prevail. A tie vote shall be deemed as a denial of the appeal.
C.
The Board shall have the following powers:
(1)
To adopt and administer the rules of procedure regarding its organization, officers (except the Chairperson), times and places of meetings, conduct of meetings and other legal procedures relating to the hearing and determination of appeals and other matters within the Board's jurisdiction;
(2)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the police officer or public officer in the enforcement of the provisions of this article;
(3)
To modify any notice of violation or order and to authorize a variance from the terms of this code when because of special circumstances, undue hardship would result from literal enforcement, and where such variance substantially complies with the spirit and intent of the code;
(4)
To grant a reasonable extension of time for the compliance of any order where there is a demonstrated case of hardship and evidence of bona fide intent to comply within a reasonable time period;
(5)
In exercising the above-mentioned powers, the Board shall act with reasonable promptness and seek to prevent unwarranted delays prejudicial to the party involved and to the public interest; provided, however, that the Board shall file its decision within 10 working days after the appeal hearing;
(6)
The Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as justice would require, and, to that end, shall have all the powers of the police officer or public officer; provided, however, that the Disruptive Conduct Board of Appeals, in its determination, shall be bound by this article and shall not ignore the clear provisions and intent of this article.
D.
Any party to the appeal aggrieved by any decision of the respective Board, may appeal to the Court of Common Pleas of Lehigh County within 30 days after the filing of the decision in the office of the Board.
E.
If this appeal is of a third disruptive conduct report and the decision of the police officer or public officer has been affirmed, and no appeal is pending, within 10 working days after the expiration of the time for compliance as required by the decision of the Disruptive Conduct Board of Appeals or Court of Common Pleas, the public officer shall reinspect to determine compliance as to whether the occupant has voluntarily moved from the premises or the owner has initiated eviction proceedings.
F.
If, when so required by a third disruptive conduct report or any violation of Landlord and Tenant Act relating to drug offenses set forth in 68 P.S. § 250.505-A, the occupant has not voluntarily moved or the owner has not initiated eviction proceedings, the public officer shall institute revocation of the residential rental registration or the residential rental license.
The disruptive conduct report portions of this article shall at all times comply in all respects with Pennsylvania House Bill No. 1796 Session of 2013, Printer's No. 2870, and as amended.
The fees and penalties for activities and services performed by the Bureau in carrying out its responsibilities under this code shall be established by resolution of City Council from time to time, unless indicated otherwise.
A.
Residential rental license registration fee: $75 per unit annually.
B.
Residential rental license registration late fee: $50 per unit.
(1)
Applies to all payments received after December 31 of any year.
D.
Inspection cancellation fee:
G.
Placard removal: unauthorized removal of any official notice or placard placed by the City of Allentown shall be a penalty of $500.
A.
Illegal occupancy. Leasing, renting, or otherwise allowing a rental unit within the City to be occupied without a valid residential rental license from the City as required by this chapter shall be a summary offense. The penalty, upon conviction thereof in a summary proceeding before a Magisterial District Judge shall not exceed $1,000 per unit per month that a unit is not properly registered.
B.
Equitable remedies. In addition to criminal prosecution, the public officer, Bureau of Law, or any authorized agent of the City may take civil or equitable actions in any court of record in Pennsylvania to enforce this article.
C.
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.