CHAPTER 9-800. LANDLORD AND TENANT--RENT CONTROL
§9-804. Unfair Rental Practices. [629]
(1) Whenever any premises are found in violation of any provision of
The Philadelphia Code and a notice of violation has been issued by any
department or agency of the City, it shall be unlawful for any owner, landlord,
agent or other person operating or managing such premises
to:
(a) terminate the lease with the existing tenant unless the tenant
has failed to pay rent, committed a nuisance, committed waste or caused the
premises to have been in such violation under The Philadelphia
Code;
(b) offer, tender, give, exchange or transfer possession or the
right to possession to any person not in possession of the premises upon any
terms or conditions until the violation has been corrected;
or
(c) make, alter, amend or modify any term or condition of any
existing lease or arrangement of tenancy with any person in possession of the
premises at the time notice of violation is issued until the violation has been
corrected;
(d) make, alter, amend or modify any term or condition of
any existing lease or arrangement of tenancy with any tenant for a period of one
year after correction of any violations where the action against the tenant is
intended to collect the cost or value of making any or all of the corrections
necessary to comply with The Philadelphia Code and where also any violation has
remained uncorrected, whether or not recorded by the Department of Licenses and
Inspections, for a period of one year or more prior to the date of correction.
The burden shall be on the landlord to show that the violation has not existed
uncorrected for a period of one year or more prior to the date of correction in
any legal proceeding in which the provisions of this ordinance shall be
relevant.
(2) It shall be unlawful for any owner, landlord, agent or
other person operating or managing premises to terminate a lease with a tenant
or make, alter, amend or modify any term or condition of any existing lease or
arrangement of tenancy with a tenant in retaliation for:
(a) any
violation having been found against the premises;
(b) the filing of a
complaint alleging a violation;
(c) The joining of any lawful
organization, or any other exercise of a legal right. It shall be unlawful for
any owner, landlord, agent or other person operating or managing premises to
refuse to lease any premises to a prospective tenant because he believes the
prospective tenant has exercised any such right.
In any civil
proceeding involving this provision in which the notice of termination or
alteration of a term or condition of the lease was given within one year after a
violation was found, a right of the tenant against the landlord, agent or other
person operating or managing premises was exercised, or a correction made,
whichever is the latest, it shall be the burden of the owner, landlord, agent or
other person operating or managing such premises to prove that the notice was
not given in retaliation for the exercise by the tenant of his legal
rights.
(3) The provisions of this section shall not apply
to:
(a) Any bona fide transfer of title incident to a sale of the
premises, but any subsequent owner, landlord, agent or other person operating or
managing such premises shall be subject to the provisions of this
Chapter.
(b) Any owner, landlord or agent or other person operating or
managing any premises against which a notice of violation has been issued who
desires to terminate an existing occupancy in order that the premises may be
rehabilitated and the violation cured, and the Department of Licenses and
Inspections issues a certification that such work requires that the premises be
vacated.
(4) No owner, landlord, agent or other person operating or
managing any premises shall unlawfully retain any security deposit, however
styled in a lease.
(5) No owner, landlord, agent or other person
operating or managing any premises shall accept any rental payment under any
written lease on the premises until he has given a fully executed copy of the
lease to all the parties to the lease.
(6) No provision of this section
can be waived or made subject to a contract between the parties depriving a
tenant of the benefits of this section.