SUBCODE "PM" (THE PHILADELPHIA PROPERTY MAINTENANCE CODE)
SECTION PM-102.0 LICENSING
PM-102.1
Dwellings:[36.3] No person
shall operate a multiple-family dwelling, rooming house, dormitory or hotel, or
offer for rent a one-family dwelling, two family dwelling or a rooming unit
therein without first obtaining a housing inspection license from the
Department. Every person applying for a license shall supply such information as
the Department requires and shall pay an annual fee as set forth in the
administrative code.
PM-102.1.1 Special Requirement In Educational Housing
Districts:[37] In addition to
the other conditions for obtaining a license under this Section, no person shall
be issued a housing inspection license for a property located in an Educational
Housing District in which the total number of students living in the building
exceeds 25, or in which the percentage of dwelling units in the building in
which at least one student lives exceeds 25% of the dwelling units of such
building, and no such license shall be renewed, unless such person obtains a
certification from the Department stating that within the last ninety days the
property has been inspected by the Department and is in substantial compliance
with the requirements of the Building Construction and Occupancy Code. The fee
for such an inspection shall be established by the Department by regulation. For
purposes of this subsection, the terms "Educational Housing District" and
"student" shall have the meanings as defined in Chapter 10-1800 of the Code.
PM-102.2
Occupancy:[37.1] Every
housing inspection license for a rooming house, dormitory or hotel shall specify
the maximum number of occupants allowed to occupy the
building.
PM-102.3 Individual
unit:[38] An individual housing
inspection license need not be obtained if one has been issued for the building
in which a dwelling or rooming unit is located.
PM-102.4
Vacant structures or
lots:[39] The owner of every
vacant lot, vacant building or vacant wharf, pier or dock shall obtain a license
from the Department. Every person applying for a license shall supply such
information as the Department requires and shall pay an annual fee as set forth
in the administrative code. The owner of any vacant commercial structure shall
post a bond or other security in form approved by the Law Department and in an
amount determined by the Department to be necessary to secure the City’s
potential cost of correcting Code violations or abating unsafe or imminently
dangerous conditions as authorized by PM-306.6, PM-307.6, PM-308.4, or any other
provision of this code. If the City does incur such costs, the City may recover
such costs from the posted bond or other security, in addition to pursuing any
other remedy authorized by law. The bond or other security shall provide that it
will not expire and the City need not release it upon transfer of the property
unless and until a subsequent owner posts a comparable bond or other security.
Failure to post the required security or to maintain such security may result in
the suspension or denial of any license issued to the owner under this code,
which license suspension(s) or denial(s) shall continue until the owner has
posted the required security. No license shall be suspended under this provision
until the owner has been provided written notice and an opportunity for a
hearing.
PM-102.4.1 Timeliness: A license shall be
obtained not later than 30 days following the vacating of a building or
lot.
PM-102.4.2 Contiguous lots: Contiguous vacant lots
shall be exempt from separate licensing when either of the following conditions
exist:
1. Vacant lots are contiguous to and in common ownership with a
vacant lot licensed in accordance with this section. This provision shall
include building lots in common ownership with an approved subdivision provided
that a license is obtained for the subdivision tract.
2. Vacant lots
contiguous to or separated by a driveway from a building where there is common
ownership of the lot and the
building.
[40] PM-102.4.3
Exemptions:[41] A person who
takes ownership of a property pursuant to an Abatement Agreement under the
Emergency Nuisance Abatement Program, set forth at Section PM-309.0, shall be
exempt from the foregoing license and bond requirements for a period of two
years after taking ownership of the property.
PM-102.5
License applications: Every license application shall include the
information listed in sections PM-102.5.1 through PM-102.5.4 plus such other
information deemed necessary by the Department.
PM-102.5.1
Address: An identification of the property by street number and names of
all streets contiguous to the property, where such
exist.
PM-102.5.2 Owner: An identification of the owner
by name, residence and business address. If the owner is a corporation, the
identification shall include the name and address of such corporation, together
with the name, residence and business address of at least one principal. If the
owner is under the age of eighteen years or has been judicially declared
incompetent, a legal representative shall file the license
application.
PM-102.5.2.1 Multiple-family dwellings and
rooming houses: License applications filed pursuant to Sections PM-102.1 or
PM-102.2 shall include the name and address of a managing agent designated
pursuant to Section PM-102.6.5.
PM-102.5.3 Signatures:
The signature of the owner, or if the owner is a corporation, of any
officer. The managing agent, where one is required by Section PM-102.6.5, shall
also sign the application to indicate consent to the designation except that
such consent is not required if any owner or officer of a corporation serves as
the managing agent.
PM-102.6 Condition of license: All
licenses required by this code shall be subject to the conditions set forth in
Sections PM-102.6.1 through PM-102.6.5.
PM-102.6.1 Term:
Licenses shall be valid for a period of one year. The Department shall fix
the license year on a basis it deems desirable for efficient administration. If
a license year is changed, any person holding a license shall receive credit for
the unexpired term.
PM-102.6.2 Transfer: No license required by this code
shall be transferable. The new owner shall obtain a new license from the
Department within ten days after the transfer in any manner of ownership or
control of the interest in such property.
PM-102.6.3
Changes: An owner, who is required to be licensed under this Chapter,
shall inform the Department in writing by first-class mail and shall amend the
license application within five days if there is a change of address of the
owner, a change in the list of officers of the owner corporation, a change of
address of any of such listed officers, or vacating of an excepted unit by an
owner.
PM-102.6.4 Rent collection: No person shall
collect rent with respect to any property that is required to be licensed
pursuant to this code unless a valid license has been issued for said property.
At the inception of each tenancy, an owner shall issue to the tenant a written
statement certifying that the rental unit is licensed and listing the license
number.
PM-102.6.5 Agent: The owner of a multiple-family
dwelling, rooming house, dormitory or hotel shall designate a managing agent to
receive service of notices, orders, or summonses issued by the Department. To
qualify for such designations, an agent shall be a natural person over the age
of eighteen years and shall reside within the City or customarily and regularly
attend a business office maintained within the City. An owner or corporate
principal who meets such qualifications shall be authorized to serve as the
managing agent. If anyone located in Philadelphia other than the owner collects
rent on the owner’s behalf that person shall qualify as and be designated
as the managing agent.
PM-102.6.5.1 Termination by owner:
To terminate a managing agent, the owner shall file with the Department a
statement designating a qualified successor. A qualified successor shall be
designated by the owner within ten days after terminating an agent and the
Department shall be notified by first-class mail of that change within three
days after selection of the qualified successor.
PM-102.6.5.2
Termination by agent: To terminate agency, the managing agent shall serve
a written notice on the owner and the Department. The notice to the Department
shall set forth the license number and address of the property and the name and
address of the owner together with an affidavit of proof of service upon the
owner. Service upon the owner shall be made by delivery of a copy personally to
the owner or any principal if the owner is a corporation, by registered mail to
the address of any owner or principal as set forth in the license application,
or by delivery to any person of suitable age and discretion at the address of
the owner or any principal as set forth in the license application. Upon
termination of the agency, the owner shall file with the Department a statement
designating a qualified successor within ten days.
PM-102.6.5.3
Other termination: If the designation of a managing agent shall cease to
be effective as a result of death or judicial declaration of incompetence of the
agent, or disqualification because of relocation from Philadelphia, the owner
shall file a statement with the Department within ten days thereafter
designating a qualified successor.
PM-102.6.5.4 Alternate
agent: Any owner who is required to file a license application under this
code and who fails to comply with the provisions of this section as required
shall be deemed to have appointed the Managing Director of the City of
Philadelphia as agent to accept service of process in connection with any action
by the City or any other party arising out of the condition of the property or
any other matter relating to the property.
PM-102.7
Penalties:[42] In addition to
penalties set forth in the administrative code, the additional specific
penalties set forth in Sections PM-102.7.1 through PM-102.7.3 shall
apply.
PM-102.7.1
Non-compliance:[43] Any owner
who is required to file a license application under this code and who fails to
comply with the provisions of Section PM-102.0 as required, or whose license has
been suspended or revoked under subsection PM-102.7.2, shall be denied the right
to recover possession of the premises or to collect rent during or for the
period of noncompliance or during or for the period of license suspension or
revocation. In any action to recover possession of real property or to make any
claim against a tenant, the owner shall attach a copy of the license together
with any amendments thereto.
PM-102.7.2 Suspension and
Revocation:[44] Any license
issued pursuant to the provisions of this code shall be subject to suspension by
the Department for failure to comply with the requirements of this code after a
reinspection has been made to determine compliance pursuant to Section A-503.1
of the administrative code, or for failure to pay any fine and/or cost imposed
under this code or the administrative code, and such suspension shall continue
until there has been compliance and until any unpaid fines and costs have been
paid. If a person has had a license suspended under this provision on three
occasions, within a period of three years, then each subsequent failure to
comply with the requirements of this code or failure to pay any fine and/or cost
imposed under this code or the administrative code shall result in revocation of
the license, and the person shall not be permitted to apply for any new licenses
under this Section for one year after such revocation. The Department shall
provide written notice and an opportunity for a hearing prior to any suspension
or revocation of a license under this Section.
PM-102.7.3
Code Violation Notice:[45] In
accordance with the provisions of Section 1-112(5) of The Philadelphia Code, the
code official shall issue a code violation notice in the amount of $75.00 to
persons licensed under this Section who fail to comply with the provisions of
PM-102.6.3 regarding notification to the Department of changes pursuant to the
issuance of said license. Each day that a violation exists or a person refuses
to submit such information as required shall constitute a separate
offense.
PM-102.8 Business Privilege
License:[46] No person shall
offer for rent any dwelling or dwelling unit without first obtaining a business
privilege license pursuant to § 19-2602 of The Philadelphia Code.