Philadelphia's New Renter Protections Take Effect: What Changes

A package of renter rules known as the Safe Healthy Homes Act took effect in Philadelphia on Nov. 1, extending "good cause" eviction protection to renters regardless of lease length, banning landlord retaliation, and letting tenants collect $1,000 per violation plus attorney fees when their rights are broken.

How the law came about

Councilmember Nicolas O'Rourke introduced the legislation, and City Council approved it 16-1 in April, enough votes for it to become law even without the mayor's support. Mayor Cherelle L. Parker signed it in May. The November start date gave landlords several months to prepare, a compromise O'Rourke made during negotiations.

Supporters pointed to tenants living with mold, pests, damaged ceilings and no heat who were afraid to complain because they could lose their homes. Landlord groups opposed parts of the package, and some property owners have said the added rules and paperwork could push rents up or lead small landlords to stop renting.

Good cause for nearly everyone

Under earlier city law, protection against being pushed out without a reason applied only to shorter tenancies, such as month-to-month arrangements. The new rules cover tenants regardless of lease length, so a landlord generally needs a legitimate, legally defined reason, stated in writing, to end or refuse to renew a tenancy. Accepted grounds still include repeated late or unpaid rent, creating a nuisance and harassing neighbors.

Retaliation and harassment

Landlords may not punish tenants for exercising their rights. That covers changing or ending a lease, refusing to rent, or taking other action against someone who files a complaint with the city's Department of Licenses and Inspections (L&I), joins a tenant union, talks in good faith with public officials, or testifies in court.

Landlords also may not strip away amenities promised in the lease or try to intimidate tenants by threatening to report them to immigration authorities.

Tenant organizing gets new protection as well. Landlords must not interfere with tenant associations, must treat off-site organizers like any other visitor, and must negotiate with tenant groups in good faith.

Repairs, inspections and the right to withhold rent

Several provisions target building conditions:

• Entry notice. Landlords must give 24 hours' notice before entering a unit for anything other than an emergency.
• Violation notices. Landlords have to post L&I violation notices, so tenants can see open problems.
• Rent withholding. According to WPVI-TV, if a landlord misses the repair deadline on an L&I violation, tenants may stop paying rent, and tenants who keep paying can later seek a refund.
• Rental license refunds. Tenants can seek refunds for periods when the landlord did not hold an active rental license, which must be renewed every year.
• Certificate of rental suitability. Landlords must provide one within 10 days of a tenant's request.
• Proactive inspections. The city is set to carry out regular inspections rather than waiting only for complaints.

Damages and a displacement fund

The enforcement piece is what tenant advocates call the law's teeth. Tenants can recover $1,000 for each violation plus attorney fees, which makes it easier to find a lawyer willing to take a case. Before, tenants generally had to go through the city's Fair Housing Commission or file a lawsuit on their own dime.

The package also creates a fund for renters forced out when the city shuts down an unsafe property. According to WPVI-TV, eligible households can receive aid for relocation and short-term lodging, or money toward the deposit and first two months of rent on a replacement home.

Legal challenge

Two landlords, one of them a leader of the landlord group HAPCO Philadelphia, sued the city earlier this year, arguing among other things that lawmakers violated Pennsylvania's Sunshine Act, the state open-meetings law, while drafting the bills. The Philadelphia Inquirer reported on Nov. 1 that a judge had dismissed that case, while the National Apartment Association has said the plaintiffs broadened their claims to include constitutional and property-rights arguments. The reporting reviewed by Renter News did not make clear whether any challenge is still pending, so tenants and landlords should watch for further court action.

What this means for renters

• Document everything. Put repair requests in writing, keep photos and dates, and save copies of any L&I complaints. Those records are the backbone of a retaliation or harassment claim. Our guide to the warranty of habitability explains what landlords must fix.
• Do not withhold rent casually. The withholding right is tied to an L&I violation and a missed repair deadline. Talk to a tenant lawyer or legal aid group before you stop paying.
• Check your landlord's rental license. If it lapsed, you may be owed money back.
• Get help. The Public Interest Law Center has published a plain-language FAQ on the law.

Renters outside Philadelphia should note that these rules apply only within city limits. Tenants elsewhere in Pennsylvania remain under state law and any local ordinances where they live.