Philadelphia's Safe Healthy Homes Act Takes Effect for Renters

Philadelphia renters gained a new set of legal protections on Nov. 1, when the city's Safe Healthy Homes Act took effect. The package, which supporters call "Right to Safety" legislation, limits evictions without a legitimate reason, bars landlords from retaliating against tenants who speak up, and gives renters new ways to enforce their rights.

How the law came about

City Councilmember Nicolas O'Rourke introduced the legislation. Council passed it 16-1 in April, a margin large enough to override a mayoral veto, and Mayor Cherelle L. Parker signed it in May, according to The Philadelphia Inquirer. About half of Philadelphians rent, and residents who testified during the process described mold, crumbling ceilings, pests and lack of heat.

What changes for tenants

Reporting by the Inquirer and by 6abc (WPVI) describes the following provisions:

• Good cause for eviction. Protections that once covered only month-to-month leases now apply to tenants regardless of lease type. Landlords can still end a tenancy for reasons such as chronic late or unpaid rent, creating a nuisance or harassing neighbors.
• Anti-retaliation rules. A landlord may not change or end a lease, refuse to rent, or otherwise punish a tenant for complaining to the Department of Licenses and Inspections, joining a tenant union, communicating in good faith with officials or testifying in court. A tenant can recover $1,000 per violation plus attorneys' fees, rather than going only through the Fair Housing Commission or filing a lawsuit.
• Organizing rights. Landlords must negotiate in good faith with tenant groups and treat off-site organizers like other visitors.
• Rent withholding. If a landlord misses the repair deadline after a violation notice, tenants may withhold rent. Those who keep paying can seek refunds later.
• Notice and entry. Landlords must give 24 hours' notice before entering a unit and must post violation notices.
• Licensing and paperwork. Renters can seek refunds for periods when the property's annual rental license was not active, and landlords must provide a rental suitability certificate within 10 days of a request.
• Inspections. The city is to run proactive, regular inspections to catch problems early.
• Displacement fund. When the city closes a unit as unsafe, qualifying residents can receive money toward relocation: moving expenses, a temporary place to stay, or deposit and rent assistance on a replacement home.

Madison Gray of the Public Interest Law Center told 6abc that inspection frequency varies in other cities, from annually to every five years. The center has said the $1,000 award makes it easier for lawyers to take retaliation cases. Tenant advocate Melissa Monts of One PA Renters United told the station that the change means landlords now need a legitimate reason before removing a tenant.

Landlord objections and legal questions

Landlords interviewed by 6abc argued that the rules add administrative burdens, could raise rents and might lead some owners to stop renting. The National Apartment Association said the law adds compliance requirements and "could create additional litigation exposure," and cited research it partly sponsored finding that some housing regulations can raise rents, particularly for lower-income renters and those in small multifamily buildings.

Two landlords sued the city over how Council handled the bills, alleging violations of Pennsylvania's Sunshine Act and the city's Home Rule Charter. The Inquirer reported that a judge dismissed that case, but the plaintiffs have since broadened their arguments to raise constitutional and property-rights questions, and the apartment association says some provisions could still be challenged in court. Sources we reviewed differ on how to describe the lawsuit's current status, so tenants should expect the details to keep evolving.

What renters should do now

• Keep written records of repair requests, complaints and any notices from your landlord.
• If you receive a notice to leave, ask what reason is given and consult a legal aid group before responding.
• If you believe you are being punished for a complaint, save the dates and communications; they may support a retaliation claim.
• Read our guides on a landlord's repair duties and on getting your security deposit back.

This article is general news, not legal advice. Specific rights depend on your lease and circumstances.

Photo: Philadelphia City Hall at night, by Ben Franske via Wikimedia Commons, CC BY-SA 4.0.