SECTION PM-102.0 LICENSING


PM-102.1 Multiple-family dwellings: No person shall operate a multiple-family dwelling without first obtaining a multiple-family dwelling 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[37] Special Requirement In Educational Housing Districts: In addition to the other conditions for obtaining a license under this Section, no person shall be issued a multiple-family dwelling 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 Rooming houses: No person shall operate a rooming house, dormitory or hotel without first obtaining a rooming house 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-102.2.1 Occupancy: Every license shall specify the maximum number of occupants allowed to occupy the rooming house.

PM-102.3 Residential rental properties: [38] No person shall offer for rent a one-family dwelling, two-family dwelling or rooming unit therein without first obtaining a residential rental property license from the Department, provided that the residential rental property license need not be obtained if a multiple-family dwelling license has been issued for the building in which the dwelling or rooming unit is located. 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-102.4 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.