City of Philadelphia

Task Force on Eviction Prevention and Response

March 20, 2018

I. Updates:

a. Public Comment Session

b. Illegal Eviction Sub-Committee

c. Good Cause bill

II. Small group work

a. Divide into groups by topic/bucket

b. Review revised recommendations, discuss impact and potential consequences, identify

metrics or measures of success

III. Full group discussion

IV. Next steps

a. Send in report edits by March 27

b. Next Meeting: April 17, 8:30-10:30am

3/19/2018

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MAYOR’S TASKFORCE ON EVICTION PREVENTION AND RESPONSE

Meeting 6March 20, 2018

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AGENDA

Updates Public Comment Session: March 5, 2018 Illegal Eviction Sub-Committee: March 12, 2018Good Cause bill (No. 170854)

Small group workDivide into groups by topic Review edited recommendations, generate metrics for each recommendation, revise recommendations as needed

Full group discussion

Next steps

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PUBLIC COMMENT SESSIONChallenges

Unfair evictions: retaliatory, property with code violations, etc.

Limited support for Philadelphia’s elderly

Displacement of longtime residents by housing for students & professionals

Recommendations

Good Cause Eviction Protections

Minimize the negative effects of an eviction record on finding future housing

Increase landlord and tenant education & workshops

Explore landlord background checks

Improve capacity of low-barrier legal aid3

ILLEGAL EVICTION SUB-COMMITTEE

Recommendations1. Increase the use of criminal penalties for illegal eviction

practices in state law (3rd degree misdemeanor).

2. Explore creative strategies for tracking data on illegal evictions in partnership with City Departments and non-profits.

3. Revise “Tenant’s Referral Notice” (palm card) given by the officer on-the-scene to tenants. Update for accuracy and to include any new resources or programs.

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GOOD CAUSE PROTECTIONS

Good Cause Eviction Protections provide tenants with defensible protections from eviction without a justifiable cause (like nonpayment of rent or a breach of lease conditions). Bill in City Council, led by Councilmembers Jones, Parker, and Gym to amend Section 9-804 of The Philadelphia Code, “Unfair Rental Practices”.

Introduced on October 5, 2017 and passed the Committee on Law and Government on February 13, 2018.

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“No owner, landlord, agent or other person operating or managing any residential premises, upon expiration of a lease, shall issue a notice to vacate, notice of non-renewal, or notice to terminate the lease, unless (1) the landlord has good cause not to renew the lease; and (2) the landlord provides the tenant with notice [as legislated]…”

SMALL GROUP DISCUSSION

Green group: Resources and Support Services Orange group: Outreach and Education Blue group: Housing Standards and Enforcement Pink group: Legal Processes and Policies Public group: Resources and Support Services

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SMALL GROUP DISCUSSION

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What impact will this recommendation have on eviction prevention or response?

How can we measure the success of the recommendation?

What unintended consequences might the recommendation have?

What questions or issues remain unresolved?

FULL GROUP DISCUSSION

Do these recommendations address the key drivers of eviction & involuntary displacement in Philadelphia? Is anything missing or should anything be reconsidered as a recommendation at this time (before release to public)? How should we create priorities for the implementation of these recommendations? Are there any additional comments on the non-recommendations sections before the report is shared with the public?

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NEXT STEPS

Carefully review the revised draft of the Final Report Send in Report edits by C.O.B. Monday, March 26 to:

charlotte.edelstein@phila.gov Next Meeting: Public Comment Session

Tuesday, April 17 8:30-10:30am

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Mayor’s Task Force on Eviction Prevention and Response

Public Comment Session: Oral and Written Comments

March 5, 2018

• Dorothy Parker: The tenant got an eviction notice from the landlord, and is currently looking for

a new home for herself and her disabled son. They have no finances, and will otherwise be

homeless. The tenant suspects that the landlord didn’t extend the lease because the son fell

down steps, and the tenant won a judgment to put rails in the property. The tenant does not

want to be living somewhere where she is not wanted. She is coming to this comment session

for help finding affordable housing.

• Wendy Bookler: SeniorLAW protects seniors, and runs a legal help line for seniors. 1/5 of seniors

in Philadelphia live at or well below the poverty line. At this income level, many seniors are

unable to pay for housing. Seniors are often forced to leave long-time homes without just cause.

Many do not have the funds to do this. Seniors also often face barriers to accessing courts, and

should receive special consideration.

• Joseph Sullivan: The Civil Gideon Task Force has been exploring eviction, which led to the

creation of the Landlord-Tenant Help Center. Legal aid can prevent homelessness.

• Jason Miller: Families First provides housing, shelter, and education to 230 families. They often

see families turn to homelessness/ the shelter system. Families with a history of eviction have a

particularly hard time finding affordable housing. The eviction process should be transparent,

respectful, and fair. Past mistakes should not limit a family’s ability to find housing in the future.

• Angela McIver: Fair Housing compliance training should by required for all landlords as a part of

the licensing process. The screening of tenants that landlords do should be limited. Many issues

with landlords come from small landlords, landlords who do not know about the Fair Housing

Act and do not know that their actions are not allowed under the Fair Housing Act. A sizeable

proportion of tenants at the Fair Housing Rights Center have landlords without a rental license.

Landlords may start evictions when tenants rightfully hold rent for repairs that are not being

done.

• Joseph Malloy III: The Task Force needs to go after perpetrators. Columbus Property

Management is one of these perpetrators. They have a legendary history of evictions. They are

represented by Dennenberg in court. He has taken this case to SeniorLAW and CLS. Since 2014,

he has been working to make the case visible to City Council. Columbus Property Management

blatantly retaliates, and have a racial motive. They are not truly philanthropic. What they did to

him was beyond reproach. They evict tenants, and put them back into the homeless mill. The

Task Force needs to answer: who are the individuals who are creating the homelessness

problem?

• Joan Vieldhouse: She is a license recovery specialist, and a mental health worker. She has been

living in a house for 4 years, and was then put on a month to month lease. The property was

sold, and she was told she could stay until February. The Landlord lied, and filed an erroneous

eviction. This is now on her record, and she and her daughter, who has a high risk pregnancy,

has nowhere to go, as no one will rent to them now. She is in long-term recovery, and works 3

jobs. She now has to leave by April 13, but has to pay the full March and April rent because the

landlord lied about her not paying her water bill.

• Jarret Smith: A representative of the Philadelphia Tenants Union, advocating for Just Cause

legislation. This legislation would be a first line of defense, and allow tenants to fight for their

cause. As a former real estate agent, Jarret left his position, and is now dedicated to fair housing

and tenants’ rights. Penn Wynn House is an example of wrongful mass evictions, particularly of

disabled people.

• Juanda Myles: A citizen planner, and works in historic preservation. Philadelphia needs

economic development, but this development causes homelessness. She lost her house to

Sheriff Sale, and is still looking to find a job. She is well educated, but can’t find a job. It is

important to have data about different types of homelessness, and for there to be low-income

housing available for people dealing with different kinds of homelessness.

• Barry Thompson: A representative of Philadelphia Tenant’s Union, advocating good cause

eviction. This legislation would be a way to slow down illegal evictions. How can a landlord get

licenses when they still have code violations? He has seen instances of landlords’ selling houses

that didn’t belong to them, or opening squatter homes. Tenants should be able to do

background checks on landlords.

• Frederica Lightford: A representative of Philadelphia Tenant’s Union. Her grandmother passed

away two years ago. Before this, she was told she would not be able to pay taxes, and was

gentrified out of her home. The tenant’s unit had violations. She then faced illegal eviction

because of repairs that the landlord wouldn’t do. Property owners just get a slap on the wrist,

not actual consequences. People should be able to live where they want to live. “I hope

everybody sleeps good at night. I don’t.”

• Tina Marie Russell: Works at North Central Philadelphia CDC/RCO. Eviction leads to

homelessness. When someone has a judgment on their record, they often cannot find a new

place to live. Developers focus on renting to students, other special groups, and discriminate

against single moms, people coming out of prison. Tenant’s tend not to have lawyers, and are

afraid of the judge. Landlords are in consortium, leading to impenetrable areas that rent only to

special interest groups.

Written Feedback

Mark Zwick: “How about tenants pay their rent so they do not end up in court? Maybe some programming on that topic would help people avoid being evicted.”

Tenant: ”The current landlord/owner of the building that I have resided in since December 2003 was able to obtain a Certificate of Rental Suitability using the previous owners license number and with open violations. The current landlord/owner of the building that I have resided in since December 2003 was able to obtain a Rental license from the License and Inspections Department of Phila. with open violations. I asked to asked to speak to a Deputy Commissioner so I could explain the issue. He would not and did not speak to me. He refused to speak to me to listen to my side and evidence and allowed a manager to stop the revocation and allow the license to remain active. It was initially being revoked because it was given with open violations. I was told the person above that manager would contact me he did not. In addition the L and I inspector at the last 1/26/18 inspection complied 2 repairs that were not completed, instructed the landlord/owner to and how to complete the repairs them. He then complied the 2 violations. One repair that he forgot to cite he did not want to cite it that day because he forgot it on the last inspection. He stated it would make him look bad as an inspector and stated to them how to repair it and that he would cite it at the next inspection if still not repair. After a complaint that repair was cited. I am in jeopardy of loosing my housing of around 14 years so this current landlord who has purchased properties in West Phila. can throw tenants out this property like he did others to inflate the rent to $1000- $3000 possible per unit, which may be higher per unit than the mortgage. The landlord has filed for eviction and my hearing is scheduled 3/9/18. I have paid my rent like I am suppose to for 14 years. I have not ever been evicted. Landlords are not suppose to be able to collect rent with out the rental suitability certificate. Landlords are not suppose to be able to evict without that rental license. That is why it was and is key that L and I should correct the error.”

• Ms. Taylor brought her case to the Fair Housing Commission. She expressed that she was not informed of her rights, and that there was no official intake process. After an appeal when her case was turned down initially, it was accepted. During the hearing, the commissioners ran out of time to hear evidence. Although she had evidence in her hand that the landlord’s violations had been long outstanding, the commissioner did not accept the evidence. The landlord did not have a rental license, and had then been able to get one even though violations had been open for years. FHC did not rule in her favor.

• Ms. Taylor must not decide whether to take her case in front of a judge and see if she can get a ruling in her favor. She has been in contact with CLS and TURN.

Carolyn Walker:

Eviction Task Force Public Comment Session , May 5, 2018 Good Afternoon, My name is Carolyn Walker. I am a Senior Housing Counselor at the Philadelphia Senior Center (PSC) on the Avenue of the ARTS.PSC is a proud member of the New Courtland Network. The Center is located at 509 South Broad Street and borders on Center City and South Philadelphia.In addition to PSC, Coffee Cup, an Asian Senior Center and Outreach Program is located within the Center. A third Center, Allegheny Senior Center,1900 West Allegheny Avenue, serves Seniors residing in North Philadelphia. Collectively, these three Centers provide support and services to over2,000seniors ranging in age from 55 to 89 each month. To begin to develop and implement an Eviction Prevention Plan, one must identify the causes of eviction. Eviction has been described as the landlord telling you to get out of your home, due to non payment of rent, disruptive behavior and other landlord-tenant issues. These issues may include but are not limited to : being late with paying the rent, overcrowding and unauthorized occupants and poor housekeeping. Rasheedah Phillips, Esquire, Community Legal Services reports there is a Landlord Eviction Crisis in Philadelphia where there are four times as many evictions as foreclosures. She further states there are 24,000 filings per year. These filings prohibit tenants from accessing affordable housing or housing in the private sector. Tenants credit is also affected. What is the solution?....Housing Counseling and Financial Management. Housing Counseling: Before an individual is considering becoming a renter, a meeting is scheduled with a Housing Counselor to discuss needs and to develop an n Action Plan. During the initial interview each person would receive assistance in developing a budget, and in identifying financial resources to maintain the property. The Action Plan would include attending an Eviction Prevention Workshop. A referral would also be made to a Financial Management Counselor. Financial Management: The Financial Management Counselor would also identify financial resources and to develop an arrangement whereby the Financial Management Counselor would pay the monthly rent and other bills.

Often Seniors on a fixed income are faced each month in determining which bills are to be paid. Rent vs Medication. In regard to Landlord-Tenant Hearings it would be advantageous for several Housing Counselors to attend these hearings to offer support and resources. There are many seniors who attend Landlord-Tenant Hearings without representation or do not attend at all. Landlords also need support and would benefit from attending a series of Landlord-Tenant related workshops offered by the City. I applaud the Eviction Task Force for your efforts and hard work. I look forward to the Final Plan. Thank you for allowing me to offer comments on this important issue, Carolyn Walker Senior Housing Counselor Philadelphia Senior Center ARTS 509 South Broad Street Philadelphia, PA.19147 Phone: (215) 546-5879 ext.1624 Email: cawalker@philaseniorcenter.org

Juanda Myles: “I went to the meeting before the first public comment session. I also attended the public comment session on March 5th. What I really see missing from the Draft is a list of the various types of homelessness and how they occur. Eviction is the result. It appears gentrification as a result of real estate/economic development which was partially fueled by tax lien sales due in part by unemployment and rising taxes has been the biggest culprit of our homelessness problem. Some of the suggestions offered during the meeting were good for the disabled and the mentally ill, if the person has a third party contact. I strongly suggest that the city collect data on the currently homeless people in shelters and those that aren't but who utilize the services of churches for mail, food and shelter so we can move forward as humanely as possible. Philadelphia needed to be cleaned up, spruced up, dusted off and beautified but we weren't ready spiritually because if we were, we would have laid the groundwork to build on. Go interview the homeless. Let those who are homeless but report to a job call in so they can remain anonymous for various reasons. You will find that we need more Senior housing starting at 50 years old, more low income housing for low income workers who are skilled and non skilled. There needs to be housing in areas that don't have much in affordable housing. I can think of 4 to 5 buildings that could be added to the affordable housing list, two each in much needed Center City and South Philadelphia. I can also think of other eligibility criterias besides alcohol and drug recovering addicts, which would stigmatize someone who isn't a recovering addict but lied to get a roof over their head, and LGBT and the disabled. The latter needs more places like Inglis House on Mario Lanza Blvd. Are we looking at other cities to see how they handle their affordable/low income housing crisis? Hoboken, N.J. renovated their YMCA for single men. God help single women. What did Philadelphia do? Closed their Y's upsetting the housing balance. The Divine Lorraine will never be a refuge for single persons again but what she stood for needs to be duplicated in another empty building on North Broad. It's wonderful news to hear that 915 Spring Garden will be reborn for Artists. Personally, I would like to live in an efficiency or 1

bedroom on or near the Ave. of the Arts where I can partake in the festivities of the Art community with other like-minded tenants. I want to be "That Girl" in Philadelphia, the little apple. Well, that is a dream because my temporary homelessness is driving me to become a real estate magnate so I don't have to depend on anyone to build my house sweet home. I figure if I can alleviate my own problem, I can help others.”

Joseph Sullivan:

COMMENTS OF JOSEPH A. SULLIVAN, ESQ. CO-CHAIR OF THE PHILADELPHIA BAR ASSOCIATION'S CIVIL GIDEON AND

ACCESS TO JUSTICE TASK FORCE PRESENTED TO THE MAYOR'S TASKFORCE ON EVICTION PREVENTION

AND RESPONSE

Monday, March 5, 2018 Philadelphia, PA

Good afternoon. I am Joseph Sullivan, co-chair of the Philadelphia Bar Association's Civil Gideon and Access to Justice Task Force and its Delivery of Legal Services Committee. I am also the director of pro bono programs at Pepper Hamilton LLP. The Chancellor of the Philadelphia Bar Association, Mary Platt, asked me to present comments today on the Philadelphia eviction crisis on behalf of our Task Force and the 12,000 members of the oldest association of lawyers in the United States.

The Philadelphia Bar Association has a long history of promoting access to justice for low-income people and partnering with legal aid programs, courts and other key stakeholders to launch successful initiatives that have made a profound difference in the City. In 2009, we officially declared through a resolution of our Board of Governors that representation by counsel should exist as a matter of right and at public expense for low-income persons in adversarial proceedings where basic human needs are at stake, including low-income tenants threatened with eviction from their rental properties. The Bar Association formed the Civil Gideon and Access to Justice Task Force, which includes lawyers, judges and other advocates, to develop and implement strategies to address the civil justice gap crisis and improve access to justice in the short term, while working toward the implementation of a civil right to counsel in the long-term for low-income people in cases where critical human needs are at stake.

One of the priorities of our Civil Gideon and Access to Justice Task Force is to address the

unmet need for legal aid by low-income tenants threatened with losing their homes. Our Housing

Work Group has researched and studied possible solutions to the eviction crisis in Philadelphia and

explored innovative solutions to improve access to justice for thousands of unrepresented low-

income tenants, which resulted in creating the Tenant Help Center in partnership with Municipal

Court leadership. We believe that the eviction crisis cannot be resolved unless access to legal aid is

also addressed. Studies and local and national housing experts have widely acknowledged that

providing legal aid to families and individuals facing eviction, lock-out, or substandard housing

conditions can prevent homelessness by allowing tenants to stay in their homes, secure repairs or

negotiate agreements to stay or time to move to safe, affordable housing. The ancillary benefits to

uninterrupted schooling for children, job retention and family stability are self-evident.

The number of eviction cases is staggering. In Philadelphia there are over 24,000 eviction complaints filed every year. It is estimated that only 8.2% of all tenants in these cases are represented by counsel, and only 1.45 % of those tenants are represented by a Philadelphia legal aid provider. In stark contrast, 81% of landlords are represented by counsel in these cases, creating a systemic power imbalance that often results in tenants being evicted. We applaud the efforts of Councilwoman Helen Gym and Councilwoman Maria D. Quinones-Sanchez for holding a hearing on the eviction crisis last year, and the subsequent allocation of$400,000 by City Council and $100,000 by the Department of Planning and Development to fund the Philadelphia Eviction Prevention Project. This new grant has expanded the legal assistance available to low-income tenants, including increased legal representation of tenants, information and connections to legal services inside the courtroom, outreach to at-risk tenants, and financial counseling. We also commend Mayor Jim Kenney for creating the Task Force on Eviction Prevention and Response to study the City's eviction crisis and develop recommendations for a comprehensive plan to significantly alleviate this crisis. The Philadelphia Eviction Prevention Project brings Philadelphia to the forefront of a national movement taking place in New York City, Baltimore, Boston, Washington D.C., and other cities toward providing a right to counsel to low-income tenants facing eviction. We support sustained and increased funding for this Project to bolster this movement in Philadelphia, improve the continuum of legal services, and increase the number of legal aid attorneys to represent low-income tenants in fighting eviction. We believe that providing increased legal aid to low-income tenants will prevent homelessness and is a sound and cost effective solution to resolving the eviction crisis, and urge the Taskforce on Eviction Prevention and Response to adopt this as a key recommendation in its final report. The Philadelphia Bar Association's Civil Gideon and Access to Justice Task Force -stands ready to partner with the City to address the eviction crisis, while working toward the creation of a right to counsel for low-income renters facing the loss of their homes. Thank you for the opportunity to provide comments on this critical matter. Respectfully, Joseph A. Sullivan

Remarks by, Angela McIver, chief executive officer of the Fair Housing Rights Center in Southeastern Pennsylvania Why does the Fair Housing Rights Center care about the Eviction Crisis? Objectives: 1) Institute Fair Housing Compliance training for all landlords to receive their rental license, and 2) Encourage the dis-use of Tenant Bureau Screening Reports

Problem: Eviction crisis is fueled by small landlords who are struggling with mortgage payments and likely unaware of their responsibilities under the Fair Housing Act and contents of the Assessment of Fair Housing (AFH), including Fair Housing goals and priorities.

Data: Many of our intakes come from renters whose landlord does not have a rental license. Landlords who possess rental licenses are still unaware that all communications with tenants and prospective tenants are subject to Fair Housing laws. Evictions can violate the Fair Housing Act. For example, evictions that are initiated based on a tenant’s disability can be avoided if landlords comply with the Reasonable Accommodations and Reasonable Modifications provision of fair housing laws.

FHRC receives complaints regarding:

• Habitability: For example, mold can exacerbate asthma and other disabilities o

Landlords often begin eviction proceedings after tenants refuse to pay rent due to mold

or other health hazards in the home that put adults and children at risk of health

problems. Tenants withhold rent in efforts to force the landlords to complete the

repairs.

o These intakes are filed as discrimination complaints when habitability issues

exacerbate or cause medical conditions (disabilities)

o When these calls do not indicate discrimination, we refer them to L&I, CLS, TURN,

and PFHC depending on the caller’s needs

• Accessibility: Homes are not compliant with FHA standards; tenants may need

Reasonable Accommodations or Reasonable Modifications to make the home more

accessible o Landlords often evict tenants who complain that their housing is no longer

accessible due to an injury, disability, or illness.

o We received 230 complaints on the basis of disability from 2015 through 2016

• Sexual Harassment o Landlords who harass tenants often initiate eviction after the

tenant resists o Sexual Harassment is illegal discrimination on the basis of sex/gender o

We received 21 complaints on the basis of sex/gender from 2015 through 2016

• Domestic Violence o DV victims are often evicted because they are seen as “nuisances”

o HUD has issued guidance on 1) the use of criminal records by housing providers and 2)

the use of local nuisance ordinances by housing providers

o We successfully helped to change Norristown’s ordinance regarding nuisance

laws

• Race/Ethnicity o Callers who are being evicted often report that landlords are treating

tenants of certain races differently, or that the landlord has used hate speech towards

the tenant in response to lack of rent payment or some other issue

o We received 61 complaints on the basis of race/color from 2015 through 2016

Solution: Fair Housing Training can do 4 things:

1. Weed out landlords who know they won’t be able to comply with Fair Housing laws

2. Educate landlords who have good motives

3. Reduce the amount of discrimination calls to FHRC, PHRC, PFHC, TURN, and CLS

4. Provide educational materials that can be distributed to renters and landlords

Examples: Other municipalities in Pennsylvania have instituted Fair Housing education and training to receive rental licenses, and yearly re-certifications. These trainings work to reduce the number of eviction proceedings that stem from illegal housing discrimination.

• Chester County

• Lower Merion Township

• Municipality of Norristown

Details: Fair Housing Training

- Strengths: FHRC is a Qualified Fair Housing Enforcement Organization and well-seasoned in

providing Fair Housing Compliance training for housing providers and consumers

- Successes: Fair Housing Staff and Consumer training would establish an opportunity for

Human Services organizations to maintain open dialogue with landlords

- Common Questions from Landlords: As an agency that receives a lot of consumer complaints

about landlords, FHRC knows what consumers need to ensure their civil rights in housing. To

improve conditions that impede affirmatively furthering fair housing in the City of

Philadelphia, it is critically important to create a clear pathway for organizations that operate

within the eco-system of housing to work together to understand the difficulties that

landlords face when attempting to comply with fair housing laws o Are insurance companies

charging more to insure housing for Section 8 residents? It would be helpful to know from

landlords when they are put in a position that asks them to discriminate

o Are residents in a neighborhood harassing a landlord for housing people from a certain protected class? Landlords don’t always report these occurrences, but if we opened communication with them, they can realize that they are also protected by fair housing laws

Concerns: There is a universal desire for a maximum amount of rental homes to be available for rent in Philadelphia. There is an anxiety that an influx of complaints to L&I will decrease the number of homes available for rent. Fair Housing Compliance training for landlords does not by itself reduce the number of available homes for rent. Instead, it decreases the likeliness of evictions that result in homelessness and institutionalization of families with children, people with disabilities, and victims of sexual harassment and/or domestic violence.

Future Implications: Tenant Bureau Screening Reports harm home-seekers’ ability to find new housing. The reports may impose a disparate impact on women with children, people with disabilities, and people of color because they are more likely to be low-income renters. Low-income renters are more likely to show up in Landlord/Tenant Court without legal counsel, and their record in court will unfortunately follow them and bar them from securing future adequate housing. Settling for housing with a landlord with no rental license will keep them in the eviction crisis cycle as they are likely to have complaints about the habitability of the home.

Illegal Eviction Sub-Committee

March 12, 2018

Meeting Notes

Defining the problem:

• Both landlord advocates and tenant advocates agree that no illegal evictions should occur

• Solutions are slow moving compared to the immediacy of an illegal eviction

• Police often lack clarity to determine legal nature of tenancy

• Difficult for the officer on-the-scene to identify who is who; often a “he said, she said”

• Police can only issue a citation for “disturbances” (not an arrest)

• When the case involves an illegal owner, there can be multiple victims (e.g. an unlawful owner may be renting to

an unknowing tenant, all unbeknownst to the lawful owner). Also, PECO & PGW do not require proof of

ownership/lease to arrange utilities, and unpaid utilities could put lien on property

• Problem of illegal evictions is difficult to track as the “coding” of the citation is at the discretion of the Officer

and dependent on the situation (usually as a “disturbance”)

Recommendations for Illegal Evictions:

1) Increase use of criminal penalties for illegal eviction practices in state law (to a 3rd degree misdemeanor)

o Use City’s language as starting point (Prohibition Against Self-Help Eviction Practices: Philadelphia Code

9-1600)

o Discuss with District Attorney’s Office to define limits of enforcement

2) Explore creative strategies for tracking data on illegal evictions in partnership with City Departments and non-

profits (e.g., Police, 311, Fair Housing Commission, legal services organizations, etc.)

3) Revise “Tenant’s Referral Notice” (palm card) given by the officer on-the-scene to tenants. Update for accuracy

and to include any new resources or programs

Unresolved Issues

Create a mechanism by which tenants can get a court hearing immediately

o Akin to the mechanism used in “Protection from Abuse” (PFA)

▪ Filing process is easier than for an Emergency Injunction (tenant could complete form without

legal assistance)

▪ Would get the case before a judge immediately. If judge determines that tenant was locked out

illegally, tenant regains possession of unit until landlord goes through proper procedures.

▪ Enforceable by arrest (by state law) if landlord attempts to illegally evict tenant again on

grounds of contempt of court

• Challenge: Tenant Advocates

o Shifts burden of justice to tenant

o It does not penalize the first instance, is not preventative

o Could be abused to circumvent the Municipal Court process

o Limits capacity for due process and time to investigate situation

o Courts handling PFA already deny landlord-tenant issues

• Challenge: Landlord Advocates

o Process should be equal for “unlawful” tenants. Judge should be able to use same process to eject

squatters. (This is being contemplated in pending bill on criminal squatters, sponsored by

Taubenberger, Domb, and Oh). If not, the process is one-sided.

DIRECTIVE 3.17– 1

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.17

SUBJECT: PROHIBITION AGAINST SELF-HELP EVICTION PRACTICES:

PHILADELPHIA CODE 9-1600 ______________________________________________________________________________

1. POLICY

A. In order to afford tenants a measure of adequate protection against actual or threatened

unlawful self-help eviction practices, police personnel will enforce statutes prohibiting

such actions in conformance with the procedures outlined in this Directive.

B. The Special Advisor to the Police Commissioner is the Department liaison with the

Tenants Union Representative Network (TURN) in matters relating to self-help

eviction practices.

______________________________________________________________________________

2. DEFINITIONS

A. Self-help eviction practice - any action or threatened action taken, without legal

process, by a landlord or a landlord’s agents, which is intended to dispossess a tenant

from a dwelling unit or prevents the tenant from lawfully occupying the dwelling unit.

Such unlawful self-help eviction practices include, but are not limited to:

1. Plugging, changing, adding or removing any lock or otherwise blocking access to a

dwelling unit (lockouts).

2. Removing windows and doors from a dwelling unit.

3. Interfering with utility services to the dwelling unit such as electricity, gas, hot/cold

water, heat, or telephone service.

4. Forcing a tenant to vacate by use of force or threat of violence or injury to a

tenant’s person or property.

5. Engaging in any activity or pattern of activity which renders a dwelling unit or any

part thereof inaccessible to the tenant.

6. Failing to take reasonable and prompt remedial action to restore access and

Issued Date: 04-01-13 Effective Date: 04-01-13 Updated Date:

DIRECTIVE 3.17– 2

habitability to a dwelling unit following any incident of landlord conduct described

above.

B. Dwelling unit - any building or structure, or part thereof, which is used for living or

sleeping by human occupants subject to licensing requirements of Philadelphia Code

7-500.

C. Landlord - leaser of any residential dwelling unit.

D. Tenant - any person in possession of a dwelling unit for a week-to-week term or any

longer term by virtue of a written or oral agreement with a landlord. This includes

tenants who have no financial relationship with the landlord (i.e., rent for work or

services performed) this term shall not include a traveler or transient guest in a hotel

or motel.

______________________________________________________________________________

3. ENFORCEMENT PROCEDURES

A. Whenever police personnel are called to a dispute involving a possible self-help

eviction practice, police personnel will:

1. Establish the identities (tenant/landlord relationship) of the parties involved. If the

landlord is not present, attempt to contact them whenever practical.

2. Issue the “Tenant’s Referral Notice” to all concerned parties and request parties

to read same.

3. Verify the lawfulness of the eviction action by:

a. Requiring the landlord, or the landlord’s agent, to produce a copy of the Alias

Writ of Possession. This is the legal document, signed by a judge, necessary to

effect an eviction.

4. If the landlord is unable to produce a copy of the Alias Writ of Possession:

a. Inform the tenant that they are entitled to regain possession of the premises

immediately.

b. Inform the landlord or their agent to take prompt remedial action to restore

access or habitability to the dwelling unit or issue a Non-Traffic Summary

Citation (03-8) to the landlord for a violation of the applicable ordinance

provision. Inform the landlord or agent that they must obtain writ of possession

from Municipal Court in order to have tenant(s) lawfully evicted.

DIRECTIVE 3.17– 3

NOTE: Police personnel will not physically assist the tenant in regaining entry.

Police will provide stand-by assistance while the tenant regains

immediate entry to the dwelling unit.

5. Prepare a Complaint or Incident Report (75-48) listing all pertinent information and

action taken by police. A copy will be forwarded to the Special Advisor to the

Police Commissioner.

B. Whenever a landlord or their agent has violated any of the provisions set forth in this

Directive, police personnel will:

1. Issue a Non-Traffic Summary Citation (03-8) for a violation of the applicable

provision in accordance with current procedures outlined in Directive 12.10,

“Summary Offenses”. The charge is violation of Philadelphia Code 9-1605, “Self –

Help Eviction Practices.”

2. Prepare a Complaint/Incident Report (75-48) listing all pertinent information and

action taken by police. A copy will be forwarded to the Special Advisor to the

Police Commissioner.

______________________________________________________________________________

4. PHILADELPHIA CODE ORDINANCE--9-1603: UNLAWFUL SELF-HELP

EVICTION PRACTICES

A. “No landlord or landlord’s agent may engage in self-help eviction practices (see Section

2-A) under any circumstances in the City of Philadelphia. The requisite, legal process

for lawful eviction must consist of execution of judgment of possession entered by a

court of competent jurisdiction in accordance with Pennsylvania State law. Lawful

execution of judgment may be performed only by a Sheriff or court-appointed landlord

or tenant officer.”

______________________________________________________________________________

5. PHILADELPHIA CODE ORDINANCE -- 9-1604: RESTORATION OF

POSSESSION

A. “Where the tenant alleges a violation of this Chapter, the tenant may contact local

police to obtain police assistance in gaining entry. It shall be the duty of the landlord or

the landlord’s agent to establish that the eviction action undertaken was lawful by

making available to the Philadelphia Police Department a copy of the relevant writ of

possession or by verifying the existence of the writ to the Police Department, the

Sheriff or the court - appointed landlord/tenant officer for verification thereof. The

Sheriff and/or the court-appointed landlord/tenant officer shall maintain records of all

current execution of writs issued by the Court so that verification of the legal process

may be readily obtained.

DIRECTIVE 3.17– 4

B. Where the landlord is unable to produce a copy of the relevant proof of lawful

execution of a judgment of possession or other verification thereof, the tenant shall be

entitled to regain possession of the premises immediately and the landlord shall be

prohibited from blocking or inhibiting re-entry in any way.”

____________________________________________________________________________

6. PHILADELPHIA CODE ORDINANCE - - 9-1605: PENALTIES

A. “Any person who engages in self-help eviction activities or who assists in such

activities shall be subject to pay a fine or penalty not less than one hundred ($100)

dollars no more than three hundred ($300) dollars, or to imprisonment not exceeding

ninety (90) days for each offense. Each day a violation continues or is permitted to

continue shall constitute a separate offense for which a separate penalty shall be

imposed. A violation shall cease when the self-help eviction practice ends or when the

tenant no longer seeks to exercise his or her rights by regaining possession of said

premises.”

______________________________________________________________________________

RELATED PROCEDURES: Directive 3.16, Police Assistance to Writ Servers and

Landlord-Tenant Officers

Directive 12.10, Issuance of Non-Traffic Summary Citations

______________________________________________________________________________

BY COMMAND OF THE POLICE COMMISSIONER ______________________________________________________________________________

1

PHILADELPHIA POLICE DEPARTMENT

CITIZEN INFORMATION BULLETIN #3 LANDLORD-TENANT DISPUTES

1. A landlord or a landlord’s agent can not evict or lock out a tenant without legal process.

(WRIT OF POSSESION) Without legal process such unlawful eviction practices include, but are not limited to:

A. Plugging, changing, adding or removing any lock or otherwise blocking access to a

dwelling unit (lockouts).

B. Removing windows and doors from a dwelling unit.

C. Interfering with utility services to the dwelling unit such as electricity, gas, hot/cold water, heat, or telephone service.

D. Forcing a tenant to vacate by use of force or threat of violence or injury to a

tenant’s person or property.

E. Engaging in any activity or pattern of activity which renders a dwelling unit or any part thereof inaccessible to the tenant.

F. Failing to take reasonable and prompt action to restore access to a dwelling unit

following any incident of landlord described above.

1. Whenever police are called to a dispute involving a possible landlord tenant problem police will:

a. Establish the identities (tenant/landlord relationship) of the parties involved.

If the landlord is not present, attempt to contact him/her whenever practical.

b. Issue the “Tenant’s Referral Notice” to all concerned parties and request parties to read same. (See below)

c. Verify that the landlord has followed the legal process by requiring the landlord

to produce a copy of the Alias Writ of Possession. This is the legal document, signed by a Judge, necessary to effect an eviction.

2. If the landlord is unable to produce a copy of the Alias Writ of Possession:

a. Police will inform the tenant that he/she is entitled to regain possession of the

premises immediately.

2

b. Police personnel will inform the landlord or his/her agent to take prompt action to restore access to the dwelling unit or arrest the landlord for a violation of the applicable ordinance. The landlord MUST have a WRIT OF POSSESSION from Municipal Court in order to have a tenant lawfully evicted.

NOTE: Police personnel will not physically assist the tenant in regaining entry.

Police will provide stand-by assistance while the tenant regains immediate entry to the dwelling unit.

CITY OF PHILADELPHIA • POLICE DEPARTMENT TENANT’S REFERRAL NOTICE

Self-help eviction practices are actions by landlord or a landlord’s agent taken without legal process to dispossess or attempt to dispossess a tenant from a dwelling unit or threatening to engage in any other conduct which prevents or is intended to prevent a tenant from lawfully occupying a dwelling unit. Self-help eviction practices include, but are not limited to the following: 1. Plugging, changing, adding or removing any lock or otherwise blocking access to a dwelling unit (lockouts). 2. Removing windows and doors from a dwelling unit. 3. Interfering with utility services to the dwelling unit such as electricity, gas, hot/cold water, heat, or telephone services. 4. Forcing a tenant to vacate by use of force or threat of violence or injury to a tenant’s person or property. 5. Engaging in any activity or pattern of activity which lenders a dwelling unit or any part thereof inaccessible to the tenant. 6. Failure to take prompt and reasonable action to restore access and habitability to a dwelling unit following any incident of the landlord conduct described above. If you need further information, contact the following agencies. Tenant’s Action Group of Philadelphia 21 S. 12th Street (215) 575-0700 Community Legal Services 1424 Chestnut Street (215) 981-3700 Office of Emergency Shelter & Services 1315 Cherry Street (215) 686-5671 75-Misc.-9

*****

City of Philadelphia

City of Philadelphia - 1 -

City Council Chief Clerk's Office 402 City Hall Philadelphia, PA 19107

BILL NO. 170854 (As Amended, 2/13/18)

Introduced October 5, 2017

Councilmembers Jones, Parker and Gym

Referred to the Committee on Law and Government

AN ORDINANCE

Amending Section 9-804 of The Philadelphia Code, entitled “Unfair Rental Practices,” to require good cause for certain residential evictions and to provide for a first option for existing tenants to renew a lease, all under certain terms and conditions. THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Section 9-804 of The Philadelphia Code is hereby amended to read as follows: § 9-804. Unfair Rental Practices. * * * (12) Good cause required. (a) No owner, landlord, agent or other person operating or managing any residential premises, upon expiration of a lease, shall issue a notice to vacate, notice of non-renewal, or notice to terminate the lease, unless (1) the landlord has good cause not to renew the lease; and (2) the landlord provides the tenant with notice pursuant to subparagraph (c), below. For purposes of this subsection (12), good cause shall include, but is not limited to, any of the following: (.1) Habitual non-payment or habitual late payment of rent by the tenant.

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BILL NO. 170854, as amended continued

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(.2) Breach of or non-compliance with a material term of the tenant’s lease or rental agreement. (.3) The tenant engages in nuisance activity that creates a substantial interference with the use, comfort or enjoyment of the property by the landlord or other tenants in the building; or that substantially affects the health or safety of the landlord or other tenants in the building. (.4) The tenant causes substantial deterioration of the property beyond normal wear and tear. (.5) The tenant, after written notice to cease, refuses the landlord access to the unit for lawful purposes, such as to make repairs or assess the need for repairs, to inspect the premises for damages, to show the premises to insurance or mortgage companies, or during an emergency. (.6) The tenant refuses to execute an extension of a written lease, that is set to expire, for materially the same terms. (.7) The owner of the premises or a member of the owner’s immediate family is going to move into the unit. (.8) The tenant refuses to agree to a proposed rent increase or other proposed changes to a lease (for example, a new no-pets policy, the elimination of parking, or charging more for utilities), but only if the following conditions have been met: (A) The landlord has provided the tenant with the option to accept the proposed rent increase or proposed other change to the lease. (i) The option shall be included in the notice required by subsection 11(a) (“Landlord Notice to Tenant of Rent Increase”) or, if no notice is required by subsection (11)(a), in a notice provided to the tenant that comports with subsection (11)(a). (ii) The option shall be provided regardless whether the landlord is renovating the premises and regardless whether the tenant has vacated the premises during such renovations.

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BILL NO. 170854, as amended continued

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(B) The tenant must accept the option within thirty (30) days from provision of that notice, but in no event later than fifteen (15) days prior to the expiration of the current lease, or else the tenant will be deemed to have declined the option. The tenant must accept the option in writing, by hand delivery or by first class United States mail with proof of mailing; provided that the tenant may accept the option by other means acceptable to the landlord so long as the landlord provides a receipt confirming that the acceptance has been received. (C) The landlord intends and reasonably expects to apply the proposed rent increase or proposed change to the next tenant, if the current tenant rejects the proposed terms. (.9) The owner of the premises will not be renting out the premises during upcoming renovations, but only if the owner returns to the tenant any outstanding security deposit on or before the date on which the tenant is required to vacate; and only if the owner provides to the tenant the option to renew the tenancy at the market rental rate when the premises become available again for rental, pursuant to the notice and option provisions of subparagraph (.8), above. (c) A landlord who has good cause to issue a notice to vacate or notice to terminate a lease shall notify the tenant in writing of the basis for such good cause in the same manner and on the same schedule as set forth in subsection 11(a) (“Landlord Notice to Tenant of Rent Increase”). (d) A tenant shall have the right to challenge the determination of good cause in a court of competent jurisdiction or by filing a complaint with the Fair Housing Commission, with notice to the landlord, within fifteen (15) business days of the receipt of notice of good cause. The Commission, after investigation and hearing, as it deems appropriate, shall, as promptly as practicable prior to the expiration of the lease, issue such order as it deems appropriate. (.1) No notice to vacate or notice to terminate a lease shall be effective while a challenge to a determination of good cause is pending before the Commission, unless a court of competent jurisdiction finds that the challenge was filed in bad faith. [(12)] (13) * * * [(13)] (14) * * *

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BILL NO. 170854, as amended continued

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___________________________________ Explanation: [Brackets] indicate matter deleted. Italics indicate new matter added.

Eviction Task Force Draft Recommendations March 20, 2018

Recommendations Outreach and Education Despite the magnitude of the eviction crisis in Philadelphia, public awareness is low among both landlords and tenants about what to do to prevent an eviction or how to resolve issues after an eviction is initiated. This strategy area focuses on developing recommendations to streamline the system of eviction prevention supports, link tenants and landlords to resources, and ensure that individuals who are facing eviction have targeted outreach for services.

1. Create a single portal for access to prevention services. The City should expand the existing tenant legal defense hotline and housing counseling network to become a centralized source for information about eviction resources and housing supports. Individuals in need of assistance often do not know what resources are available and how to access them. Creating a single telephonic portal as well as in-person support for people to access critical services will reduce confusion, address some issues before they become crises, and leverage existing resources for maximum impact. The hotline and housing counseling should be usable for both tenants and landlords, and perform the following functions:

• Answer questions about topics such as tenants’ and landlords’ rights and responsibilities, how to make repairs and deduct the cost form rent, how to deal with an illegal eviction, and other common issues

• Instruct tenants on how and when to legally place rent in escrow when a landlord fails to make repairs, and direct tenants to a system for depositing escrowed rent

• Provide brief financial counseling to help tenants think about their housing budget and potential payment plans

• Provide guidance and coaching on how to prepare for court or a mediation process in order to negotiate a positive outcome (such as what documentation to bring, what rights each party has, what payment amount would be reasonable, etc.)

• Have up to date information about available housing subsidies. Assess eligibility and support the application process to access available subsidies.

• Schedule appointments to attend a tenants or landlord resources class, or meet with a housing counselor, financial counselor, or legal aid to provide additional support

The hotline and housing counseling should also be accessible to at-risk populations. This means, at a minimum, having translation services for dual language learners and operating outside of normal business hours. The City should partner with community advocates to develop the curriculum and deliver the training needed to prepare hotline operators and housing counselors for this expanded role.

2. Conduct a public education campaign about eviction. The City should launch a citywide public education campaign to increase knowledge of rights and responsibilities of tenants and landlords, and encourage the use of the eviction help hotline and housing counseling services. This effort should recognize eviction as a common problem, with a goal of reducing the stigma around it and encouraging both landlords and tenants to seek help.

As part of this campaign, the City should:

• Redevelop the City’s “Partners for Good Housing” handbook to educate and empower tenants and landlords

• Provide information in multiple forms including print, online, video, workshops, and in-service trainings for organizations that work with landlords and tenants to share with their clients

• Regularly run landlord trainings to educate landlords about rights and responsibilities, resources for both landlords and tenants.

• Provide and promote new tools to landlords and tenants, such as a model lease based on local and state laws, and including a second point of contact in the case of non-payment (separate from a co-signer)

Resources should be accurate, up-to-date, and accessible to people with limited English proficiency and low literacy levels. To disseminate this information, the City should partner with existing organizations across Philadelphia who engage different populations, as well as paid and earned media.

3. Expand direct outreach to tenants with an eviction filing. The City and the Municipal Court should work together to dramatically expand efforts to connect with tenants who have an eviction filing against them in Landlord-Tenant Court. Currently, tenants who have an eviction filing against them receive a list of resources in the mail along with the notice of the eviction filing. However, many tenants indicate they do not receive the notice or are unsure what the filing information means. This group should be the target of additional outreach, such as additional mailings, telephone calls and door knocking. The intent of this outreach would be to make sure they are aware of the eviction filing and their court date, direct them to the eviction hotline in order to connect them to resources, and prepare them to either come to an agreement with the landlord or to go to court.

Resources and Supports In addition to a lack of awareness of existing resources, there are significant gaps in the resources needed to address the issues that lead to eviction. These recommendations look to expand the existing resources as well as provide new tools to address gaps, such as tools to improve the habitability of a property or providing a forum for landlords and tenants to resolve issues.

4. Enable small landlords to make repairs. The City should develop a program to enable small landlords to get low-interest loans to make repairs to their properties. Right now, traditional lenders are reluctant to allow landlords owning four or fewer properties to borrow small amounts of money (less than $25,000) to make repairs to a property. This means even well-intentioned landlords can often not afford to make necessary repairs. Establishing a loan fund would enable small landlords to make repairs to improve the habitability of their properties and enable tenants to live in quality housing. These repairs will protect the property from further deterioration, therefore keeping the property available as affordable housing. In order to avoid an unintended consequence of landlords’ raising the rent, a condition of the loan should be a requirement to keep the rent at the same rate as prior to the initiation of the loan.

5. Expand housing subsidy with a targeted homelessness prevention program. The City should develop a rental subsidy program modeled after the New York City HomeBase program with the goal of redeploying shelter funding for short-term housing subsidy. This would include:

• Expand funding for housing subsidies, and pilot this Homebase approach in a limited geographic area with the goal of reducing shelter usage in that community

• Use an evidence-based assessment tool to identify individuals at significant risk of homelessness, and what the appropriate level of subsidy and other supports are required to prevent homelessness

• Develop new housing subsidy program that allow subsidy resources to be scaled to match the needs of the family, and identify existing funding streams that have the flexibility to be used in this way

• Connect the housing subsidy resources to a requirement to use other services, such as financial counseling and case management

• Evaluate the impact of the program to determine whether it should be expanded citywide

6. Set up a pre-complaint resolution meeting process. Using the Human Relations Commission, the City should set up a pre-complaint resolution meeting process. Many landlords and tenants expressed concern about being unable to engage in a fair and productive conversation prior to an eviction filing occurring. Creating a pre-complaint resolution process can be useful way to negotiate repayment of rent without an eviction on the record, and avoiding legal costs. This program would build off of a current initiative of the Human Relations Commission to settle neighbor to neighbor disputes, and could use the PHA pre-trial resolution process as a model. The resolution process should also include housing and financial counseling for tenants at the mediation. The process should also pilot telephonic resolution support for those who cannot be present in person.

Housing Standards Many tenants live in properties that fail to meet basic standards of livability, such as adequate heat, a usable kitchen or bathroom, or a leak-free roof. These issues often prompt tenants to withhold rent, resulting in a dispute that sours the relationship between the landlord and tenant, and often in an eviction. These recommendations are intended to ensure that properties are kept up to Philadelphia Code standards, create increased consequences for landlords who do not keep their property up to standard, and provide tenants and housing subsidy providers with critical information on trends in habitability issues of properties.

7. Restructure the property code violation process. The City should revise penalties for code violations and the current fine structures in the Property Maintenance and Administrative Codes to create sufficient and actual deterrence by:

• Creating an enforceable penalty for misrepresentations on license and permit applications. The City relies on accurate address information to contact, cite, serve, and prosecute landlords who violate the Code. Creating a penalty for inaccurate information will therefore improve the effectiveness of enforcement.

• Require property owners to report changes in occupancy to City (i.e., an affidavit of non-rental for previously licensed rental properties or a vacant property license for a newly-vacant rental property) within thirty days. This will allow the City to more effectively

identify landlords who let their rental licenses lapse, and to conduct administrative enforcement with actual consequences against suspected unlicensed landlords.

• Reduce and tier fines to tangible and realistically actionable penalties. Currently, the Philadelphia Code requires a minimum fine of $150 to $300 per day, per violation; for a thirty-day month, the fine would range anywhere from $4,500 to $9,000 per a single violation of the Philadelphia Code. The current high fine amounts result in very few financial penalties being imposed against property owners, despite their properties being out of compliance with the Philadelphia Code, because they are reduced in court. By reducing the fine amounts to a smaller daily fine (such as $50 a day), the fines would become more realistic and, therefore, are more likely to be imposed by the Court, be collected, and enforced against property owners with violations of the Code.

• Create a multiplier system for escalating fines against chronic non-compliant owners. Revising an existing section of the Property Maintenance Code that allows the City to seek additional fines against property owners who repeatedly violate the code at one or more of their properties will strengthen enforcement and deterrence. Such a Code change, in combination with a reduced per day/per violation fine structure, will allow the Court to focus harsh penalties on those individuals who demonstrate a repeated and flagrant disregard for compliance with the Philadelphia Code.

8. Expand inspections of problematic landlords. The City should expand the existing L&I and Law Department proactive inspection and enforcement pilot program to proactively inspect all properties owned by a chronically non-compliant owner (those who own dozens or hundreds of properties with outstanding code violations or without proper licenses). The City would then refer all the properties owned by one owner to the Law Department in a bundle for coordinated enforcement action, filing case for code violations on all properties at once. This will bring greater attention landlords who are chronic violators, and increase the likelihood that the Court enforce harsher penalties.

9. Develop a database to look up landlords.

The City, the Municipal Courts, and the Fair Housing Commission should work with non-profit partners to develop a database with publicly available information about landlords and rental properties. The City and the Municipal Courts could use the Open Data Philly platform to provide code violation, eviction filing, and fair housing complaint information in an easy integrated format. Building off existing database efforts currently underway at the Tenant Union Representative Network, this information could be used to develop a database that would help make it simpler to identify quality landlords as well as landlords with multiple L&I violations or using repeated retaliatory tactics. This tool could be marketed to housing subsidy programs to identify properties that would be a good fit for the clients that they work with, particularly to help hard-to-serve individuals (such as people with disabilities) with housing.

10. Increase compliance of rental licensing requirements. The City should increase oversight to ensure that current laws around licensing and housing quality are being met. These changes include:

• The City should require attestations from tenants to confirm that the landlord delivered Certificates of Rental Suitability and the Partners for Good Housing handbook. Records of the issuance and service attestation for the certificate of rental suitability should be accessible online, and accessible during the court process. If either of these documents

has not been delivered, the landlord does not have the right to collect rent for the period when they were not delivered, or the right to evict the tenant.

• Judges should continue to be trained to review licenses, certificates of rental suitability and proof of service, and lead safe certification issues, and to deny any requirement of rent payment for periods not complied

• City Council should legislate limitations for landlords who get rental licenses and certificates of rental suitability just days before filing for eviction. Judges should enforce a no eviction grace period for these late-filed licenses and certificates of rental suitability.

Legal Process & Protections The legal process is often daunting for tenants, and legal protections are at times inadequate to protect tenants from forced moves even when the tenant plays by all the rules. These recommendations are intended to ensure that landlords and tenants engage in a solution-oriented process on a level playing field.

11. [AREA OF DISCUSSION] City Council should pass Just Cause Eviction legislation. Just cause evictions require landlords to provide a just or good reason prior to eviction tenants. This legislation would seek to stop evictions due to reasons of discrimination and retaliation. [AREA OF DISCUSSION]

12. Set up a mandatory, pre-hearing mediation process. After a complaint is filed, the Municipal Courts should require all parties involved in the complaint to participate in a mediation process prior to the date of the court hearing. The intent of this process would be to try to help the landlord and tenant to think through their options and discuss possible solutions prior to a hearing date, when a final decision about how to address the eviction issues must be determined. In addition, the City should work with non-profit partners to provide key resources such as housing and financial counselors at the proceedings in order to ensure that the tenants can evaluate their options and develop a plan that they can afford.

13. Increase the legal representation for tenants. The City should increase legal representation for tenants by working with non-profit partners to recruit volunteer lawyers as well as expanding resources for legal representation from legal aid organizations’ attorney. Often tenants are not aware of their rights, and do not exercise those right in court. As a result, they are forced to move or pay back rent improperly. The current pilot to provide legal resources in the court room should be made permanent. In addition, efforts to recruit pro bono attorneys should be expanded. This would include figuring out ways to simplify the process to reschedule hearings to give volunteer attorneys time to prepare.

14. Increase support for tenant who are evicted due to a sheriff’s sale.

The City should provide funding for people forced to move as a result in sheriff’s sales, including funding for moving costs and new security deposits, as well as ensure that tenants have an adequate ability to find alternative housing. Pennsylvania law states that if a property is sold at Sheriff’s sale as a result of a tax lien or mortgage foreclosure, the new owner is not required to honor any existing agreements on the property, including leases. As a result, longtime tenants may be ejected by a court order, even if they have never missed a rent payment.

The Sheriff’s Office should ensure that tenants specifically are notified when a property goes to Sheriff Sale. The City should work with the Sheriff’s Office to determine if upholding all existing lease agreements can be a condition of sale for properties sold due to tax liens. In addition, when a property is sold, tenants have a right to stay in the property for the 90 day right of redemption period following the sale. To enforce this right, the City should work with non-profit partners to allocate resources toward legal representation of tenants in tax-foreclosed properties. The Sheriff’s Office should educate purchasers at Sheriff Sale about the right of redemption as it applies to tenants. Sheriff Sale purchasers who have a history of harassing occupants after the purchase should be prohibited from bidding on any properties in the future.

15. Expunge eviction records. The City should work with the Municipal Court to expunge eviction filings and judgements after a period of three years or one year after a judgement is satisfied. Several data aggregating companies provide information to landlords about tenants’ history in eviction court. Many tenants have reported being denied housing on the basis of a prior eviction filing, whether or not that filing had any merit. If the Municipal Court would expunge eviction court records after a reasonable period of time, it would prevent tenants from being unfairly discriminated against. If the tenant wins the case, the record of the complaint should be automatically expunged immediately. Tenant attorneys should be encouraged, in agreements that come out of negotiation, to include in all agreement that the judgement will be vacated when it is satisfied. As part of this effort, the City should work with City Council to pass a law to require data aggregators to remove information about tenants from their records once they have been expunged.

16. Increase accessibility of Landlord-Tenant Court and the mediation process. The City should work with the Municipal Court to ensure that the Court and the proposed court-led mediation process are accessible to individuals who are unfamiliar with the court process and particularly for vulnerable populations. Many tenants report being intimidated and confused by the court process. Some improvements would include:

• When going over Judgements by Agreement with tenants, court staff should verify that the tenant is aware of whether their landlord has all required licenses and certificates, and aware of any rights the tenant has if the landlord does not have these documents. All JBAs should then be reviewed by the court to ensure that, as is necessary for any judgement, the JBA does not go against existing laws.

• The presences of trained court-employed mediators should be expanded to include all negotiations in which either party is unrepresented.

• Increase ease of obtaining translators and interpreters, especially for ASL.

• Train municipal court staff to address the needs of the tenant population, particularly tenants with disabilities, LGBTQ (specifically, trans) tenants, and tenants with limited English proficiency.

• Include a greeter or information kiosk to provide assistance and minimize confusion.

• Develop videos to air in landlord tenant court and the mediation rooms to explain the process.