The Borough finds that many individuals living
in the Borough of Mount Pocono are individuals who lease property
and whose names and addresses are not a matter of public record. The
Borough of Mount Pocono further finds that many such individuals are
failing to pay the earned income tax of the Borough of Mount Pocono
because they are unknown to the Borough or its designee for the purpose
of collecting such tax. Disclosure of the names and addresses of such
tenants will promote a more efficient collection of such tax.
Within 30 days of leasing any residential property
in the Borough of Mount Pocono, the landlord, or manager designated
by the landlord, shall furnish to the Borough Secretary the names
and addresses of the tenant or tenants occupying said property. The
Borough Secretary of the Borough of Mount Pocono shall provide all
landlords with a standard form for the purpose of disclosing the name
and address of such landlord's tenants.
Upon adoption of this article, the Borough of
Mount Pocono shall publish notice of the same in a newspaper of general
circulation in the Borough. Any person, firm or corporation owning
or managing residential property located in the Borough of Mount Pocono
shall disclose to the Borough of Mount Pocono the names and addresses
of any adult residential tenants within 60 days of the article becoming
effective. Thereafter, whenever a change in tenancy occurs, the names
and addresses of any new tenants shall be disclosed to the Borough
Secretary, as well as those tenants who no longer reside at the subject
property. Thereafter, on an annual basis, any landlord shall furnish
to the Borough the names and addresses of such landlord’s tenants
on an annual basis, such information to be received by the Borough
Secretary not later than March 15 of each year.
Any person, and the principal of any corporation,
and the chief executive officer of any corporation, violating the
provisions of this article shall be subject to a penalty of not more
than $1,000, plus the costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days.
In the event that the disclosure is not made after entry of judgment
on a request for such penalty, a penalty shall continue to be imposed
on a daily basis until the information is provided. The Borough may
additionally seek equitable relief to compel enforcement of this article.
In addition to being published in a newspaper
of general circulation in the Borough of Mount Pocono, copies of this
article shall be provided to the Pocono Mountain Board of Realtors
as well as all real estate brokers and agencies having offices within
the Borough of Mount Pocono. A copy of this article shall also be
prominently posted in the Borough offices.