The Philly Living Philadelphia Landlord s Guide A first-timer s intro to renting out property in Philadelphia. Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103
What s Covered What you need to know before offering property for rent in Philadelphia If you ve bought a new home but either haven t yet sold or don t yet want or need to sell your old one, or if you ve bought a home or multi-unit residential structure as an investment, you probably want your property to earn its keep while you hang onto it. That means renting it out to tenants. If you re a garden-variety homeowner, this will make you a landlord, quite possibly for the first time in your life. But whether you are a first-time landlord or an experienced one, this guide will help you make the process of renting out your property go as smoothly as possible. Your Responsibilities to Your Tenants All landlords in the city of Philadelphia have certain obligations they must meet before they may offer you an apartment for rent. These fall into three broad categories: licenses, safety and facilities. Covered in this Guide License Requirements Safety Requirements Facilities Requirements EVICTIONS? Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
License Requirements Housing Inspection License Every landlord that offers space for rent, whether it s a room in a house, a unit in a duplex, a freestanding house, or units in a multifamily building, must have a license indicating that the building has been inspected and is fit for occupancy. If the building has an inspection license, no license is needed for the individual unit. Business Privilege License This license is required of everyone wishing to do business in the city of Philadelphia. It is issued once for a one-time fee. Property owners who live on the premises of a building with four or fewer units are not required to obtain a business privilege license. Business Tax Account Number Every person doing business in the city has a tax account number. It is issued once for all businesses an individual may conduct. Zoning approval Even if you reside in the building whose units are being rented out, the property must be zoned to allow its use as a rental property. Certificate of Rental Suitability When a tenant moves into your rental property, the city requires you to provide the tenant with a issued no more than 60 days prior to the start of the rental. In addition, owners of multi-unit residential buildings must also designate an individual 18 or older as a managing agent to receive notices issued by Licenses and Inspections if the owner is not able to receive them directly. Lead-Safe Certificate Tenants with children 6 and under will require a Lead-Safe Certificate to be provided to them from the landlord. Please see the attachments at the end of this document to determine whether this requirement applies to your rental property. Landlords who do not possess the required licenses may not legally collect rent or evict tenants. However, this does not mean your tenants can skip paying rent. You can require that rent payments be deposited in an escrow account while you get your licenses in order. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Safety Requirements The safety requirements all concern fire protection and emergency escape in the event of a fire. The requirements vary according to the type of building, but all buildings must have these basic fire protection items: Smoke detectors In existing one- or two-family buildings, these may be battery-powered. In all other buildings, they must be connected to the main power source for the building on a separate, dedicated circuit and must have battery backup power. Smoke detectors in common areas must be connected to the building s fire alarm system; those in individual dwelling units are not connected to the building alarms and only sound if they detect smoke in the unit. It s your responsibility to test the detectors in the common areas Your tenants should test the apartment s smoke detectors at least once a month and change the batteries when they need replacing. The Philadelphia Fire Department recommends that smoke detector batteries be replaced at least once a year; you might want to remind your tenants that a good time to do this is when they set their clocks back to Standard Time in the fall. Fire alarms All new smoke detection systems for common areas must be connected to a building-wide fire alarm system. The alarms must be loud enough to be heard in all parts of the building, including apartment bedrooms; this requirement means that your apartment may also have building alarms as well as smoke detectors. All new systems must provide visible alerts in the form of strobe lights as well, and strobe light alarms must be installed in any apartment rented to a hearing-impaired individual. In existing high-rise buildings or in new residential construction of five or more stories, the alarm system must also be connected to a Fire Department central station. In addition, all residential buildings with three or more units must have at least one alarm station that tenants can use to sound alarms manually. These can be either break-glass or pull-down alarm boxes. The number and location of the alarm stations depends on the number of units and floors in the building. In small buildings of three or fewer floors with only one or two exit stairs and hallways no longer than 20 feet, the alarm need only be located by the building exits; in all other buildings, they must be located next to the exit stair access points on each floor. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Safety Requirements Contd. Fire extinguishers All buildings must have at least one fire extinguisher tenants can use to put out fires in hallways and common areas. The extinguisher(s) must be rated at least 2-A:10-B:C, and they must have tags showing maintenance and inspections performed during the last 12 months. Buildings with three or fewer stories and only one exit stair may have only one extinguisher; all others must have at least one per floor, located either near the stairwell or in the public corridors on each floor. Sprinklers All new residential construction of three or more units and all new townhomes in rows of three or more homes must have sprinkler systems installed. Some of the fire alarm and smoke detector requirements listed above do not apply if a building is sprinklered throughout. Emergency exit lighting All residential buildings with three or more units must have lighting in hallways, stairways, and outside the exit doors; the lighting must be bright enough to provide illumination of one foot-candle at the floor. The lights should be on their own power circuit; in buildings with more than one exit, they should also have an emergency backup power supply. Buildings with more than one exit must also have lighted exit signs indicating emergency escape points; these signs must also be connected to the regular and backup power supply. Fire doors Emergency exit stairwells, or apartments in buildings with only one stairwell, must be protected by fire-resistant construction. In the case of apartments, this can be either a one-hour-rated fire door or a 1 ¾-inch-thick solid core wood door. In addition, neither you nor your tenants may store anything under a stairwell unless the space is separated by fire-resistant construction, and neither you nor your tenants may allow trash or garbage to be stored or accumulate in any interior space in the building, including storage rooms save those designated for storage of trash awaiting pickup. Those rooms, as well as any rooms used for storage of paint or other flammable materials, must also be separated from the rest of the building by construction rated to resist fire for at least one hour. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Property Requirements Every habitable apartment must have certain facilities provided as well. The city has requirements for bathrooms, kitchens, hot and cold running water and sewage, heat, electrical supply and natural light and ventilation. Here are the most important ones: Bathrooms Every apartment must have a water closet that is, a room with a toilet that offers privacy, a wash basin either in or next to the water closet, and a bathtub or shower in a room that offers privacy. All of these facilities may be in the same room. The bathroom and any water closets or powder rooms must have electric lighting and either openable windows that face the outdoors or ventilation systems capable of changing the air in the room at least six times an hour. Bathrooms and toilet rooms should have floors that water cannot penetrate. Your tenants are responsible for keeping the rooms clean and sanitary. Kitchens Every apartment offered for rent must have basic kitchen equipment consisting of a sink and a gas or electric range. You must keep these in good working condition; your tenants must keep them clean. Note that refrigerators are not among the items you must provide, but most of your fellow landlords do include them as part of the package of kitchen appliances, even in efficiency apartments where the kitchen and living quarters are in the same room. You will find that your property will rent quicker if you include a refrigerator in your kitchen too. Water and sewer service You must provide running water and facilities for hot water. Whether these are included in the rent or not is up to you. Hot water must be furnished at a temperature between 110 and 125 degrees and flow at a rate of at least a gallon per minute at every tap. Your plumbing must be connected to the city s water and sewer system unless the city has given you permission to use a private water system. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Property Requirements Contd. Heat and heating systems You must provide a heating system for every dwelling unit you offer for rent. This can be either a central system or an individual heating system for each apartment. If the apartment has a heating system that the tenant controls, your responsibilities to provide heat are taken care of. If not, your system must be able to heat each apartment to at least 68 degrees whenever the outside temperature is at or above 10 degrees; heat must be supplied from October 1 through April 30 and on days in September and May when the outside temperature falls below 60 degrees. Tenants in buildings with three or more units may not use portable kerosene heaters in their apartments, and kerosene heaters used in one- or two-family buildings must comply with the city fire code. Electricity, natural light and ventilation Every room in every apartment must have all three of these things. Natural light comes from windows that face the outside; skylights count for this requirement. Windows that provide natural light must be openable unless the apartment has a ventilation system capable of changing the air at least six times an hour. Every room in every apartment must have at least two electrical outlets, one of which may be for a ceiling light fixture. Every bathroom, water closet, laundry room, furnace room, interior stairway and public hall must be equipped with a light fixture. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Responsibilities There are also matters where you and your tenants share responsibility. Who does what depends on the nature, location or severity of the problem. These include: Trash storage and disposal You are responsible for storing and disposing of trash produced in common areas. That doesn t mean that tenants can put their own household trash in those areas, though; if your building has three or more rental units, you should have a storage room, outside container or incinerator for that purpose. Otherwise, your tenants should keep their trash inside their apartments until pickup day. If your apartment building has common facilities tenants may reserve for their use, you may require your tenants to clean up after themselves and dispose of their trash, but you should have a place for them to store the trash produced in those common facilities until pickup day. If your building uses the city s curbside trash pickup and recycling, you and your tenants may not put trash out for pickup until 7 p.m. the evening before. Recycling is the law in Philadelphia, and you and your tenants can be fined for failure to recycle. Your tenants should obtain their own containers for their recyclables, and you should likewise have containers where recyclables may be disposed of in common areas. The city will collect trash and recyclables from buildings with six or fewer units. You must make arrangements for private trash hauling and recycling if you own a building with more than six units, but you may be able to participate in city-sponsored trash and recycling pickup programs; contact the Streets Department for more information. Yard and fence care and maintenance Both you and your tenants must make sure any yards associated with your building drain properly. If only one tenant has access to the yard, that tenant is responsible for keeping it clean and sanitary; if multiple tenants can use it, that responsibility shifts to you. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Responsibilities Contd. Rodent and pest control If you offer a single-family home (attached or detached) for rent, your tenant is responsible for keeping it clean, sanitary and free of insects, pests and rodents. If you own a building with two or more units for rent, your are responsible for keeping the common areas clean and sanitary and for exterminating pests, insects and rodents if more than one unit is infested. If the infestation is limited to one unit alone, it s your tenant s job to get rid of the critters. Repairs The city requires that rental dwellings be kept in good repair. This includes making sure that foundations, porches, roofs, walls, doors, windows, ceilings and stairs are safe, weather-tight and rodent-proof; that cabinets and interior woodwork and shelving are in good repair; and that plumbing and heating equipment are in good repair and working properly. While you may require your tenant to do some or all of these things in your lease, the city holds you legally responsible for all of this. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Repair Disputes When Problems Arise... Of course, things don t always go smoothly when you rent an apartment or house to a tenant. What happens if and when something goes wrong depends on who is ultimately responsible. If the problem arises from one of the matters you are supposed to handle, ideally, you (or your property manager) and your tenant should be able to get things fixed without bringing in an outside party: your tenant will inform you of the problem and you will fix it. You will find this preferable to the alternate method tenants can use to resolve a problem, which is to complain to the City of Philadelphia. Tenants can submit complaints confidentially with the Department of Licenses and Inspections (L&I), which will send an inspector to investigate the complaint. If the inspector cannot enter the property, he or she will leave a card with contact information to schedule an appointment. Neighbors can also use L&I s confidential complaint system to file complaints if they have problems with your property. Again, L&I will send an inspector to investigate, and the inspector will leave a card requesting an appointment if he or she cannot enter the property. As the property owner, you will have to schedule the appointment in either case. What happens next depends on what the inspector finds out. If the problem stems from something the tenant is responsible for, the tenant will be responsible for addressing it. If it stems from something the landlord is responsible for, you will be responsible. In that case, you will receive a notice from L&I requiring you to fix the problem within a specified time period. Should you fail to fix it within that time frame, your case could go to Municipal Court and you could face a fine. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
Attachments Landlord-Tenant Court We know you never want to venture into the land of eviction, but what happens when you do? As a courtesy we have included the Landlord-Tenant Court Pamphlet for your review. This includes what cases the Landlord-Tenant Court will and won t hear, what licenses and certificates you as landlord need to have, and what your tenant needs if they are bringing the complaint. LL Guide to Philadelphia Lead Disclosure Lead paint and the hazards it presents in the home are becoming increasingly more important and litigious. We have included the entire Lead Disclosure document from the city of Philadelphia. The most important item to note is the Lead Safe Certificate requirement. Read this document to discover whether this requirement applies to your property or not. Philly Living Noah Ostroff Keller Williams Realty 1619 Walnut St. 5 th Floor Philadelphia PA 19103 Note: This guide and all information contained within are provided as a courtesy and should not be construed as legal advice. It is the reader s responsibility to check all state, local and federal laws with regards to offering residential property for rent. All readers are encouraged to seek the counsel of an attorney before entering into a lease agreement.
All parties must appear in the assigned courtroom on time on the day of their trial. All parties should leave enough time to pass through security on the ground floor and get to the 6th Floor. COURT STARTS ON TIME. PHILADELPHIA MUNICIPAL COURT If you are late or fail to appear, a default judgment will be entered against you. The court will send you a notice that a default judgment has been entered against you. You may file a petition to open the default judgment at 1339 Chestnut Street, Room 1000. You must have a good reason for missing or being late for the trial, must file the petition promptly after learning of the default judgment, and must have a valid, meritorious claim or defense. Before trial, the parties are given the opportunity to reach an agreement with or without the court s mediation program. The mediators are trained to help the parties to reach a binding agreement. They do not represent either side. All agreements are in writing and must be signed by all parties. They are binding and cannot be appealed. A party should not sign an agreement unless it is completely clear and understood by that party. A mediator, member of the mediation program or a judge is always available. If an agreement is not reached, the case will proceed to trial before a judge. The documents filed with the complaint must be brought to court. The defending party should also bring all relevant documents. A trial is a formal court proceeding. You should following these guidelines: Maintain your composure and be polite. Address your comments and questions to the judge unless the judge permits you to ask a question of another party. Do not interrupt the judge or another party. You will have the opportunity to explain your case. At the end of the trial, the court will make a decision. The court will give the parties information about the options available to them. THE MUNICIPAL COURT COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT, WHICH REQUIRES THAT ALL COURT SERVICES AND FACILITIES BE ACCESSIBLE TO PERSONS WITH DISABILITIES. IF YOU HAVE A DISABILITY, AND REQUIRE REASONABLE ACCOMMODATIONS TO FILE A CLAIM, PARTICIPATE IN A MUNICIPAL COURT PROCEEDING OR USE ANY SERVICE PROVIDED BY THE COURT, PLEASE CALL 215-686-7986. REQUESTS FOR REASONALBE ACCOMMODATIONS MUST BE MADE AT LEAST THREE BUSINESS DAYS BEFORE ANY HEARING, OR WITHIN THREE BUSINESS DAYS AFTER SERVICE (DELIVERY) OF THE NOTICE OF THE HEARING, WHICHEVER IS LATER. INFORMATION FOR LANDLORD-TENANT COURT
INFORMATION ABOUT LANDLORD-TENANT COURT The Philadelphia Municipal Court hears cases involving a written or oral lease. The court has the authority to evict a tenant and to enter a money judgment. There is no limit to the amount of a money judgment. The court cannot hear a case involving a squatter and cannot order a landlord to make repairs. A landlord may bring an action to recover money due under a lease, including the cost of repairs for which the former tenant is responsible when any security deposit is insufficient. A landlord may also bring an action to evict a tenant if: (1) the tenant failed to pay any rent due after it has been demanded by the landlord; (2) the tenant violated a material condition of the lease; or (3) the tenant failed to leave the leased premises in accordance with the lease. Self-help by a landlord is not permitted. A landlord may not change the locks, cut off utilities or remove a tenant s possessions from the property. A tenant may sue a former landlord to recover a security deposit that has not been returned in a timely manner in accordance with the law. The court has a web site (http://fjdclaims.phila.gov) where you can find case histories and documents filed in any case. HOW TO START A LANDLORD-TENANT CASE If an attorney does not represent you, you must come to the court s first filing office 1339 Chestnut Street, Room 1000. Only the owner of the property or the tenant has the right to bring an action. The owner or tenant may, however, authorize someone with knowledge of the case to bring the action. The court has an Authorized Representative Form for that purpose. Before coming to the first filing office, the form must be completed and signed by the owner or tenant and the authorized representative. The form may be found on and downloaded from the court s web site. The court has interviewers to assist in completing the necessary papers. The interviewer cannot provide legal advice. There is a charge to file an action and a charge to serve the legal papers on the opposing party. If you can demonstrate that you cannot afford these charges, the court may allow you to file an action without having to pay the initial filing fee Before coming to court, you must know the name and address of the party you want to sue. The court cannot accept post office boxes. If the party being sued is not an individual, you should make sure that you have the correct name of the corporation, partnership, limited liability entity. For assistance with locating Pennsylvania entities, you may wish to contact Pennsylvania s Corporation Bureau (www.dos.state.pa.us/corps/cwp/ view.asp) at 717-787-1057. For assistance in locating an entity that does business in Philadelphia, you may wish to check to see if the entity has a Philadelphia business privilege license by contacting the Department of Licenses and Inspections License Issuance Unit. It is located in the Concourse Level of the Municipal Services Building, 1401 JFK Boulevard and may reached by calling 311. I. Required documents when the landlord is seeking money due under a lease and/or eviction of the tenant A written lease, if one exists. A current Business Privilege License. A current Housing Inspection License if the landlord is operating a multiple-family property, rooming house, dormitory or hotel, or is renting a one or two family property or a rooming unit. A copy of the Notice to Quit letter unless the lease provides that no notice is required. This letter puts the tenant on notice that the tenant must leave the property due to any of the following: (a) rent is past due; (b) the term of the lease has expired; or (c) the tenant has breached a condition of the lease other than nonpayment of rent. The letter must also notify the tenant of the date to leave the property. Unless the lease provides a different time period, the law provides the following minimum time periods that are measured from the date that the tenant receives the letter: -Ten (10) days if it is alleged that rent is past due; -If the lease has a current term of a year or less, fifteen (15) days if it is claimed that there is a breach of a condition of the lease other than nonpayment of rent or that the term of the lease has expired; and -If the lease has a current term of more than a year, thirty (30) days if it is claimed that there is a breach of a condition of the lease other than nonpayment of rent or that the term of the lease has expired. Unpaid utility bills if the lease requires the tenant to pay them. II. Required documents, if they exist, when the landlord is seeking to recover the cost of repairs A written lease. Photographs of the alleged damages. Proof of payment, invoices, and estimates. Correspondence or other documentation concerning the alleged damage. III. Required documents, if they exist, when the tenant is seeking return of a security deposit A written lease. Documentation that the tenant returned the key and provided the landlord with a forwarding address. Correspondence from the tenant demanding the return of the security deposit. Correspondence from the landlord explaining why the full amount of the security deposit was not returned. THE LANDLORD TENANT TRIAL Landlord-tenant trials are heard on the 6th Floor of 1339 Chestnut Street. The date, courtroom and time will be on the complaint. Continuance requests should be made in writing at least ten (10) days before the scheduled trial. All requests should be addressed to Patricia McDermott, Deputy Court Administrator, 1339 Chestnut St. Rm. 1020, Philadelphia, PA 19107. A copy must be sent to all parties. The request must specify the reason why a continuance is needed and provide a telephone number. Any continuance request not made ten (10) days before trial must be made in person at the time of trial. The requesting party should contact all other parties before trial to notify them that such a request will be made.
A Landlord s Guide to the Philadelphia Lead Disclosure and Certification Law Table of Contents 1. The Importance of Preventing Lead Poisoning page 1 2. What Landlords Need to Know page 2 3. Appendix page 13 - Sample Lead-Safe Certificate - Sample Lead-Free Certificate - Lead Law Tenant Fact Sheet Childhood Lead Poisoning Prevention Program 2100 West Girard Avenue, Building #3 Philadelphia, PA 19130-1400 FAX #: 215-685-2978 Email: lead.cert@phila.gov December 2012
Philadelphia Housing and the Importance of Preventing Lead Poisoning Each year hundreds of children in Philadelphia get lead poisoning from living in older rental properties that have lead paint. Many homes in Philadelphia built before 1978 have lead paint on the inside and outside of the building. When old paint cracks and peels it makes lead dust. Children get lead poisoning from swallowing flakes of paint or paint dust on their hands and toys. Children can also breathe in lead dust. Even small amounts of lead can cause very serious harm to the brain and other parts of the nervous system. Lead in a child s body can: Slow down growth and development Damage hearing and speech Cause behavior problems Make it hard to pay attention and learn Some of the health problems caused by lead poisoning may never go away. The best thing we can do is to prevent a child from becoming lead poisoned in the first place. The staff at the, Childhood Lead Poisoning Prevention Program, is available to answer questions about the law. They can be reached at 215-685-2788. December 2012 2
What Landlords Need to Know Does the law apply to me? The Philadelphia Lead Disclosure & Certification Law (Philadelphia Code Section 6-800) applies to any landlord who rents Philadelphia properties built before 1978 to new tenants who will be living in the property with a child 6 years or under. Student housing and housing owned or subsidized by the Philadelphia Housing Authority or privately owned but currently leased under the Housing Choice Voucher Program is exempted from the law. What is the purpose of the law? The purpose of the law is to prevent children from becoming lead poisoned, and to ensure they live in lead-free or lead-safe housing by requiring landlords to certify a property rented to children is lead safe or lead free. Despite years of progress, each year significant numbers of children in Philadelphia suffer the irreparable harm of lead poisoning because of exposure to deteriorated lead paint and lead dust in their homes. More than half of these children are living with their families in rental units. How is this law different from existing regulations? The Philadelphia Property Maintenance Code already requires landlords to correct any peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions in a rental unit. The Philadelphia Lead Disclosure & Certification Law requires the landlord to go a step further and certify that a property is lead safe before children 6 years old and younger move in. What does the law require? Upon turnover (change of occupancy), landlords must provide a Philadelphia Department of Public Health (PDPH) Lead Safe Certificate or Lead Free Certificate to every new tenant who has children 6 years or under who will be residing in a property built before 1978. December 2012 3
Along with the certificate, the landlord must provide the tenant with other specific information listed on page 6. The landlord is required to send the PDPH a copy of the lead safe certificate signed by the tenant. In addition, upon application for a new or annual renewal of a rental license, a landlord must certify that the law s requirements have been met. Links Philadelphia Lead Disclosure & Certification Law Sample PDPH Lead Safe Certificate Sample PDPH Lead Free Certificate What does it mean if a property is certified lead safe under this law? A certification that a property is lead safe means that a licensed lead inspector-risk assessor or a certified lead dust sampling technician has: 1) determined the property is free of deteriorated, flaking, chipping, peeling, chalking or not-intact paint, and 2) interior dust samples were collected, tested, and found not to contain hazardous levels of lead-contaminated dust. This certificate is valid for 24 months. Who can complete a PDPH lead safe certificate? The law requires that the certificate must be completed by: 1) a PA licensed lead inspector-risk assessor, or 2) an EPA certified lead dust sampling technician. The certificate must be completed and presented to the tenant before the tenant enters into a lease. What does it mean to be lead free under this law? A property is considered lead free where the property has been certified by a licensed lead inspector or risk assessor that it does not have any lead-based paint based on EPA/HUD standards. This certificate is valid indefinitely. It must be provided to the tenant before the tenant enters into a lease. December 2012 4
Who can complete a PDPH lead free certificate? The law requires the certificate must be completed by a PA licensed lead inspector-risk assessor. When does the law start? The law takes effect on December 21, 2012. What should I do to comply with the law? 1. To certify that the property is lead safe, you can: a) contact a PA licensed lead inspector-risk assessor or an EPA certified lead dust sampling technician and request a visual inspection and a dust wipe clearance of your property, or 2) become a PA licensed lead inspector-risk assessor or an EPA certified lead dust sampling technician and perform a visual inspection and a dust wipe clearance of your property. The EPA s Renovation, Repair and Painting Program provides information about certified lead professionals and approved training classes. 2. If your property is found to be lead safe, complete (if you are certified) or ask your inspector-risk assessor or sampling technician to complete a PDPH Lead Safe Certificate that is good for 24 months. If your property does not pass either a visual inspection or dust wipe clearance, you must repair the property so it passes clearance before the tenant can move into the unit. For more information see page 9. 3. If your property is already certified as lead-based paint free by a certified risk assessor or inspector, complete or ask for the PDPH Lead Free Certificate and attach the relevant documentation. 4. You are required to provide the following to your new tenant: a. A completed PDPH Lead Safe Certificate or PDPH Lead Free Certificate with attached documentation, which the tenant must sign. December 2012 5
b. A written advisory instructing the tenant to perform a visual inspection of all painted surfaces periodically during the term of the lease, and to inform the lessor of any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces. Landlords are required to make repairs to eliminate these conditions in a timely fashion. Download the PDPH s suggested Philadelphia Lead Law Tenant Advisory, or see the appendix. c. The Environmental Protection Agency (EPA s) lead hazard information pamphlet Protect Your Family from Lead in Your Home. d. A City of Philadelphia Partners for Good Housing brochure issued by the Philadelphia Department of Licenses and Inspections. e. Owners are reminded of their responsibility to obtain a Certificate of Rental Suitability, issued by the Philadelphia Department of Licenses and Inspections, no more than sixty (60) days prior to residence. This certificate states that properties have obtained all required rental licenses and do not have critical code violations. Owners are also reminded to obtain a rental license and Commercial Activity License. Links Renovation, Repair and Painting Program (EPA) Sample PDPH Lead Safe Certificate Sample PDPH Lead Free Certificate Philadelphia Lead Law Tenant Advisory Protect Your Family from Lead in Your Home City of Philadelphia Partners for Good Housing Certificate of Rental Suitability What do I need to do to show I ve complied with the law? Ask your tenant to sign the Lead Safe or Lead Free Certificate, and then mail, fax, or scan and email a copy of the signed certificate, and for the lead safe properties also include a copy of the dust wipe test results, to: December 2012 6
Childhood Lead Poisoning Prevention Program 2100 West Girard Avenue, Building #3 Philadelphia, PA 19130-1400 FAX #: 215-685-2978 Email: lead.cert@phila.gov Those mailing certificates who wish to receive a receipt should include a stamped, self-addressed envelope. How does the law affect my rental license? When you apply for a new or annual renewal of a rental license, you must identify each housing unit in a building built before 1978, which has been leased to a new tenant within the previous 12 months, and certify that the law s requirements have been met. What will happen during the inspection of my property to become lead safe? A. Visual Inspection First, the licensed lead inspector-risk assessor or certified dust sampling technician will visually inspect the property to make certain there is no evidence of deteriorated paint, paint dust or paint chips. Examples of deteriorated paint include: cracking, scaling, peeling, or chipping paint or any visible dust, debris or paint chips. All areas where children spend their time should be visually inspected. At a minimum, all surfaces, including windowsills, baseboards, doorframes, trim and walls must be free of deteriorated paint and paint dust in: each bedroom in the property; and the common room (for example: a living room, family room, or kitchen where any child aged 6 and under who resides in the property would likely spend the majority of his or her waking hours). December 2012 7
B. Dust Wipe Clearance After visually inspecting the property, the licensed lead inspector-risk assessor or certified dust-sampling technician will take dust wipe samples. The following wipe samples for settled dust should be collected for a Lead Safe Certification: One windowsill sample and one floor sample from each bedroom in the property; and One windowsill sample and one floor sample from the common room (for example: a living room, family room, or kitchen where any child aged 6 and under who resides in the property would likely spend the majority of his or her waking hours.) All samples, along with one blank (control) sample, should be sent by the person who does the inspection to a certified laboratory recognized by the National Lead Laboratory Accreditation Program (NLLAP) as being proficient in lead dust analysis. Find an EPA-accredited lab. Labs usually take two or three days to report results after they have been received. After getting the results the lead inspector or sampling technician should compare them to the federal EPA standards to determine if the property has a hazardous level of lead dust. Why do I need a dust wipe clearance? While it is important to look for deteriorated paint, the greatest invisible danger to children is lead-contaminated dust caused by peeling or chipping paint for lead paint. Children can swallow lead dust as they eat, play, and perform other ordinary hand-to-mouth activities. It is not possible to tell if dust is dangerous to a child without a laboratory analysis. December 2012 8
What happens if my property does not pass a visual inspection or dust wipe clearance? If your property does not pass either a visual inspection or dust wipe clearance, you must repair the property so it passes clearance before the tenant can move into the unit. What do I need to know about repairing the property? If your property does not pass either a visual clearance or dust wipe clearance, you must repair the property so it passes clearance before the tenant can move into the unit. The federal EPA s Renovation, Repair and Painting (RRP) law requires that all property management firms and landlords engaged in renovation, repair, and/or painting work in homes and residential buildings, built prior to 1978 must be certified, use trained workers, and follow specific lead-safe work practices to prevent lead contamination. When lead-based paint is disturbed during renovation, repair or painting activities, dangerous amounts of lead dust can be created. Jobs such as demolition, window replacement, opening up walls, etc., can also release accumulated lead dust into the home. Even after a typical renovation cleanup, dangerous levels of lead dust can remain. If the landlord does his own work on the rental property and or uses his/her own employees to do so, the landlord must also become an EPA Certified RRP firm and only use trained and certified workers to do the work. If the landlord hires a contractor to do the work, the landlord does not need to be certified, but the contractor doing the work does. If you hire external parties to do this work, you should ensure they are certified and use lead-safe work practices. When performing work on an occupied property, contractors performing the work must distribute a pamphlet entitled The Lead-Safe Certified Guide to Renovate Right and obtain a signed receipt from the occupants before starting work. Once the property passes a visual clearance and dust wipe clearance the lead risk assessor or dust wipe sampling technician should complete, sign December 2012 9
and date the lead safe or lead free certificate. The certificate is valid for 24 months. Links Renovation, Repair and Painting (RRP) law Steps to Lead-Safe Renovation, Repair and Painting The Lead-Safe Certified Guide to Renovate Right What should I do if a tenant reports deteriorated paint? The landlord must promptly inspect and correct any defective conditions including removal and repair of deteriorated paint. All work must be done in accordance with the EPA Renovation, Repair and Painting (RRP) law. What are the penalties if I do not comply with this law? A landlord who does not comply with the law can be subject to a fine or penalty of up to two thousand dollars per offense with each day constituting a separate offense. In addition the landlord may be subject to a private law suit for money damages and attorney s fees. The landlord cannot collect rent during the period of noncompliance. What are the tenant s responsibilities under this law? A tenant must provide reasonable access to permit the landlord to make any necessary repairs. The tenant is advised to report peeling and chipping paint to the landlord for repair and keep children away from lead paint and dust. Is it illegal to refuse to rent to families with children? YES, it is familial status discrimination. A landlord cannot refuse to rent housing, make housing unavailable, or falsely deny housing is available for rent when potential tenants have children. They also cannot set restrictions on which children can share a bedroom. Philadelphia s new Lead Disclosure and Certification Law does not change these requirements. Many housing providers believe it is perfectly legal to say, We won t accept children but it s not. Federal, Pennsylvania and Philadelphia law all prohibit refusing to rent to families with children under 18 except for December 2012 10
designated senior housing. Violators of these laws can be subject to significant fines and penalties. For more information, contact the Philadelphia Commission on Human Relations at 215-686-4670. How can I get more information? Staff at the Department of Public Health, Childhood Lead Poisoning Prevention Program is available to answer questions about the Philadelphia Lead Disclosure and Certification law and other issues relating to lead poisoning. They can be reached at 215-685-2788. Helpful online resources include: Philadelphia Childhood Lead Poisoning Prevention Program Environmental Protection Agency (EPA) EPA site for approved dust wipe inspectors or classes EPA site for Renovation, Repair and Painting Centers for Disease Control and Prevention U.S. Department of Housing and Urban Development Philadelphia Commission on Human Relations Agency for Toxic Substances and Disease Registry National Lead Information Center Hotline: 1-800-424-LEAD (5323) December 2012 11
Instructions for Lead Safe Certificate After your property is found to be lead safe, you are required to provide your tenant with a completed Lead Safe Certificate (sample attached) and supporting documentation. Ask your tenant to sign the Lead Safe Certificate, and then mail a copy of the signed certificate and a copy of the dust wipe test results to: Childhood Lead Poisoning Prevention Program 2100 West Girard Avenue, Building #3 Philadelphia, PA 19130-1400 Or fax to 215-685-2978; or scan and email to lead.cert@phila.gov. If you have any questions call 215-685-2788. Please note: You also are required to provide your tenant with additional materials specified in the Landlord s Guide to the Philadelphia Lead Disclosure and Certification Law. November 2012
FOR ADMIN USE ONLY: Certification of Lead SAFE Status By signing this certificate I confirm that I have done a visual inspection and taken dust wipe samples of the dwelling listed below, and state that it does not have visible deteriorated paint and that interior dust wipe samples were collected in compliance with EPA regulations, were tested, and were found to not contain lead contaminated dust in excess of EPA dust lead standards. This certificate is valid for 24 months from date of validation. Apt., Phila. PA 191 Street Name # or Floor Zip Certifying Company or Individual (print) PA Lic. # or EPA LDS Tech Certificate Number Inspector / Risk Assessor / Name (SIGNATURE) Date of Verification ACKNOWLEGEMENT BY TENANT/LESSEE I,, hereby acknowledge receipt of this Lead Safe Tenant/Lessee s Signature Certification of this dwelling unit on. Date of Signing Pursuant to Philadelphia Code Title 6, Chapter 6 800, SS 6 803(3)(c) the Landlord/Agent of the above property must give a copy of this certificate to the Tenant / Lessee and send a copy of the tenant signed certificate, along with a copy of the dust wipe sample test results for this dwelling to the Department of Public Health, LEAD SAFE CERTIFICATION, C/O Department of Public Health, 2100 W Girard Ave., PNH Bldg #3, Philadelphia PA 19130; or fax to 215 685 2978; or scan and email to lead.cert@phila.gov. If you have any questions call 215 685 2788.
Instructions for Lead Free Certificate After your property is found to be lead safe, you are required to provide your tenant with a completed Lead Safe Certificate (sample attached) and supporting documentation. Ask your tenant to sign the Lead Safe Certificate, and then mail a copy of the signed certificate to: Childhood Lead Poisoning Prevention Program 2100 West Girard Avenue, Building #3 Philadelphia, PA 19130-1400 Or fax to 215-685-2978; or scan and email to lead.cert@phila.gov. If you have any questions call 215-685-2788. Please note: You also are required to provide your tenant with additional materials specified in the Landlord s Guide to the Philadelphia Lead Disclosure and Certification Law. November 2012
FOR ADMIN USE ONLY: Certification of Lead FREE Status By signing this certificate I confirm that this is a lead based paint free property based on a designation by a certified inspector or risk assessor pursuant to HUD/EPA standards or based on lead based paint XRF testing which I have conducted pursuant to the HUD Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing (2012 Edition). Apt., Phila. PA 191 Street Name # or Floor Zip Certifying Company or Individual (print) PA Risk Assessor Lic. # Risk Assessor Name (SIGNATURE) Date of Verification ACKNOWLEGEMENT BY TENANT/LESSEE I,, hereby acknowledge receipt of this Lead Free Tenant/Lessee s Signature Certification of this dwelling unit on. Pursuant to Philadelphia Code Title 6, Chapter 6 800, SS 6 803(3)(c) the Landlord/Agent of the above property must give a copy of this certificate to the Tenant / Lessee and send a copy of the tenant signed certificate, along with a copy of the dust wipe sample test results for this dwelling to the Department of Public Health. LEAD FREE CERTIFICATION, C/O Department of Public Health, 2100 W Girard Ave., PNH Bldg #3, Philadelphia PA 19130 or fax to 215 685 2978 or scan and email to lead.cert@phila.gov. If you have any questions call 215 685 2788.
What tenants need to know about PHILADELPIA S LEAD SAFE RENTAL LAW Lead poisoning is caused by swallowing or breathing lead. Children under 6 years old are most at risk. If you are pregnant, lead can harm your baby. FACT: Lead can cause serious learning and behavior problems. Lead poisoning hurts the brain and nervous system. Lead in a child s body can make it hard to pay attention and learn. Some of the effects of lead poisoning may never go away. FACT: Most children get lead poisoning from chipping and peeling paint and lead dust in homes built before 1978. When old paint cracks and peels, it makes dangerous dust. The dust is so small you cannot see it. Children get lead poisoning when they breathe or swallow the dust on their hands and toys. FACT: Philadelphia landlords must make sure homes do not have lead paint or lead dust that can harm children who are living there. It is illegal to refuse to rent to families with children. November 2012