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.