This page contains some frequently asked questions about getting a Rental License in Philadelphia. For basic information about getting a Rental License, see the Get a Rental License page.
General
The Rental License application asks for the “Rental License Category.” What is that?
The property owner must identify the type of rental the property will be used for. The categories are:
- Residential dwellings
- Hotels: This includes motels, hostels, and bed-and-breakfasts. These are typically defined as “Visitor Accommodations” in the Zoning Code. This category includes short-term rentals of properties that are not occupied by the primary resident.
- Rooming or boarding house: These have living space shared between four or more unrelated people. Typically, these have shared facilities such as kitchens and/or bathrooms.
- Assisted living: These facilities provide living space for individuals that need assistance or supervision with getting dressed, bathing, diet, financial management, evacuation from the residence in the event of an emergency, or medication prescribed for self-administration.
- Dormitories: Living quarters typically marketed to students that usually provide shared facilities such as kitchens and/or bathrooms.
- Other
I recently changed the number of dwelling units. How do I update my license?
You need Zoning and Building Permits to change the number of units.
If you have the proper permits, submit a license amendment application through eCLIPSE. You can also request an amendment through a virtual or in-person appointment.
If you are keeping the number of units the same but are temporarily not renting some units out, you need to submit an affidavit of non-rental.
What is the difference between a Zoning Permit and a Certificate of Occupancy?
Zoning Permits regulate how a building can be used.
A Certificate of Occupancy (CO) shows that a building is safe to be occupied. COs are issued after the completion of some Building Permits, which are needed for new construction and alterations.
If the property already has a Zoning Permit and a Certificate of Occupancy consistent with the use, the new owner doesn’t need to get new permits.
Ownership
The property is owned by more than one person. Who is responsible for the Rental and Commercial Activity Licenses?
If you co-own the property with a spouse
The Commercial Activity License and Rental License will be issued in one spouse’s name. The spouse who is not named on the licenses must still be identified as a spouse on the associated business tax account registered with the Department of Revenue.
If the property is owned by more than one person and they are not married
You have two options:
- Form a business in the name of all of the partners. Name all of the owners on the associated business tax account registered with the Department of Revenue. L&I will issue the Commercial Activity License in the name of the business. L&I will issue the Rental License in the name of the partners as listed on the deed (if this is different from the business name). L&I only issues one Rental License per property.
- One owner assumes responsibility for the property. The responsible owner must submit an affidavit stating that they are responsible for meeting all obligations of the license and responding to notices, orders, or summons relating to the rental. The Commercial Activity License, Rental License, and associated business tax account will be issued in the name of the responsible owner.
The owner is identified as a disregarded entity (an LLC that is not separate from the owner for federal income tax purposes) or “Doing Business As” (DBA) on the tax account associated with this property. Will the Rental License be issued in the name of the disregarded entity/DBA or the owner of primary tax account?
L&I will issue the Rental License to the name on the recorded deed. L&I will issue the Commercial Activity License to the name on the primary tax account. Tax compliance will be verified against the primary tax account.
If the owner is a disregarded entity or a DBA, you must record that on the associated primary business tax account registered with the Department of Revenue.
Licensing obstacles
I purchased a property as a multi-family dwelling. When I filed for a Rental License I was told that I must submit proof that the use was continuous or legally established. What does this mean and how do I prove it?
If the previous property owner did not maintain a Rental License with the correct number of units: The new owner must prove that the use is legal. You can find documents that may verify the use on atlas.phila.gov.
If there is no prior Rental License on file: The new owner must prove that the use is legal. You can find documents that may verify the use on atlas.phila.gov. If you can’t, you may need to get Zoning or Building Permits. Make an appointment with the License and Permit Center to determine the next steps.
If the prior license lapsed for more than 3 years: The new owner must prove that the use is legal. If you can’t, you may need to get Zoning or Building Permits. The new owner must submit a notarized statement confirming that the building layout is consistent with the stated use and that the use has not been intentionally abandoned. If you aren’t able to certify this, you must make an appointment with the License and Permit Center to determine the next steps.
I got a property certification with the correct number of units when I purchased a property. L&I is now telling me that the use was never legally established or was discontinued. Why am I getting conflicting information?
The property certification only identifies the last approved use in the Zoning record. It does not confirm that a use was legally established under the Building Construction and Occupancy Code or that a use has not been legally discontinued. Review the L&I Code Bulletin BU-2001 on Property Certifications for more information.
Schedule a virtual or in-person appointment. L&I will review the violations and may allow the application or renewal to advance.
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