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This post is an update to my July 2018 post in which I discussed Philadelphia’s Landlord-Tenant Lead Laws. Previously, a landlord was required to obtain a “lead safe” or “lead free” certificate only for a residential unit where a child aged six or under would reside. However, beginning in October 2020, the city has phased in a requirement that all residential landlords, with very limited exceptions, obtain a lead safe or lead free certificate in order to execute a new or renewed lease, or obtain a new or renewed rental license. Back in 2018, I wrote the following: “Although this certification is only required for units where kids ages six and under will reside, it’s a good idea for all landlords to obtain this certification…. It’s hard to overstate the importance of strict compliance with all these certifications.” This is even more true now that the lead law applies to virtually all residential tenancies. More information on the phase-in of the new law can be found here, and the city provides written resources on compliance here. Almost all residential landlord-tenant cases are heard initially in the Philadelphia Municipal Court, or outside Philadelphia in the local Magisterial District Court. After trial, both landlord and tenant have the right to a de novo appeal to the Court of Common Pleas. “De novo” is a Latin term meaning “of new” or “anew,” which means that the case starts from the beginning with no consideration of the outcome in the first proceeding. However, there is an important exception to the de novo rule: if the trial judge found in favor of the landlord, the landlord retains a judgment of possession and can proceed with eviction while the appeal is pending.
If the landlord has a judgment for possession, the tenant must apply for a stay of eviction, called a supersedeas, in order to stop the eviction while the appeal is underway. Supersedeas is another Latin term meaning “you shall desist.” In Philadelphia, supersedeas is governed by Local Rule 1008. In order to obtain a stay, the tenant must post the amount of rent actually in arrears at the time of appeal or the equivalent of three months’ rent, whichever is less. Most tenants are unable to meet this requirement: if they were able to pay, they most likely would have done so before the original proceeding. But once again, there is an exception: Local Rule 1008(d) allows low-income tenants to obtain a stay of eviction if they pay just one-third of the monthly rent into escrow with the court at the time they file an appeal. Read this carefully: the rule requires just one-third (⅓) of one month’s rent, not one-third of the total amount due. The tenant must then deposit two-thirds (⅔) of the monthly rent within 20 days of filing the appeal, and an additional deposit of one month’s rent each 30 days after filing the appeal. Let’s consider an example of how this works. Say a landlord obtains judgment for possession against a tenant who owes three months of rent. The rent is $1,000 per month; to keep this simple, we’ll eliminate costs and fees and say the judgment amount is an even $3,000. Under the regular rule, the tenant must post the entire $3,000.00 to obtain a stay. But under subsection (d), the tenant can obtain a stay by paying only $333 - leaving the landlord $2,667 short! The rules are similar in the counties surrounding Philadelphia, although in my experience the county courts are somewhat more strict in granting IFP (in forma pauperis, or low-income) status. Tenants often make procedural errors with supersedeas payments, so it’s important to check the docket and ensure strict compliance with all deadlines. If the tenant pays late, the landlord can ask the court to lift the stay and proceed with eviction - but it won’t happen automatically. That's one reason it's a good idea to retain an experienced attorney to resolve the situation. The Pennsylvania Supreme Court answered that question last week in Rufo v. City of Philadelphia, when it ruled that the Department of Licenses and Inspections (L&I) could require the owner of a vacant property in Philadelphia to install windows and doors rather than board up or otherwise seal the property. The case turned on the constitutionality of a provision in the Philadelphia Property Maintenance Code that applies to any vacant property deemed to be a “blighting influence." (See Phila. Code, Sections PM-202 and PM-901.2. Note that the current version of the Code uses the term "blighting problem," but the definition remains the same.) The owner stated that he had previously installed windows at the property in question, the former Gretz Brewery at 1524 Germantown Ave., but said the windows were broken by vandals within a few days of installation. The owner argued that the “blighting influence” provision was focused solely on aesthetics rather than public safety, and was therefore an unconstitutional exercise of the City’s authority. The City argued that the lack of real windows and doors on a property has a “significant adverse effect on the community,” and cited multiple studies that it used to craft its definition of blighting influence. The Pennsylvania Supreme Court sided with the City, finding that the City fairly explained the basis for enactment of the ordinance, while the owner “failed to offer any evidence or persuasive argument to overcome the presumed constitutionality” of the ordinance in question. You can read the full opinion here. The takeaway? It’s getting harder to speculate in the city. From experience, I can sympathize with the owner’s argument: he’d make some cosmetic improvements to the building, only to see it vandalized soon thereafter. But in 2018, with a vibrant and growing city, that’s more an argument for why the property should not sit vacant rather than an argument for boarding or sealing it. Rehabilitation and redevelopment are the order of the day, and anyone who buys real estate in the city should plan accordingly. Welcome to my second post on the legal requirements for residential rental properties in the City of Philadelphia. Part one is below and at this link. In this post, I’ll focus on compliance with Philadelphia’s Lead Laws.
Lead Certification - This certification is required for residential rental units in Philadelphia built prior to 1978 where children age six or under will reside. Those properties - referred to as “targeted housing” under the law - must be certified as either lead-free or lead-safe by a licensed inspector or certified technician. Some properties, including those owned or subsidized by the Philadelphia Housing Authority, are exempt from the law. The lead law requires the landlord to obtain a “lead safe” certificate, present it to the tenant, and have the tenant sign it. The landlord must then send a copy of the signed certificate to the Philadelphia Department of Public Health. The city recently expanded the law to include lead water service lines and plumbing components, but as of July 2018, no additional information or resources on the lead water amendments are available from the city. The city code states that a landlord who is not in compliance with the Lead Law cannot collect rent or evict a tenant. In addition, the lead law gives a tenant the power to sue a landlord to return any rent previously paid to the landlord during any period where the landlord did not have a valid lead certification. Some thoughts on compliance with this law: Although this certification is only required for units where kids ages six and under will reside, it’s a good idea for all landlords to obtain this certification. First of all, a tenant could become pregnant or adopt a child, and the landlord may not know. A tenant could also have children who visit periodically, or whose temporary visit turns into an indefinite stay. A well-drafted lease will list all occupants and their ages, but it’s risky to rely solely on the lease - even if the lease does not list any children, the landlord-tenant court may consider testimony from a tenant about their changing living situation. If the property has been certified, this will not be an issue. It’s hard to overstate the importance of strict compliance with all these certifications. A landlord who doesn’t have a valid Rental License or Certificate of Rental Suitability can’t evict a tenant for any reason, whether nonpayment of rent, termination of term, or breach of lease. A landlord who has not complied with the lead law can’t evict a tenant, and can also be sued by the tenant for a refund of rent already paid. Don’t take chances with the lead law. Compliance is inexpensive, but a civil judgment could cost thousands. Landlords and tenants often need help navigating Philadelphia’s complex landlord-tenant laws. This is part one of a two-part series on the legal requirements for residential rental properties in the City of Philadelphia. I’ve tried to make this confusing area of the law easy to understand without oversimplifying or leaving out important details. If it still seems tough to follow, that’s because it’s hard to navigate the system without an experienced attorney on your side.
Residential landlords in Philadelphia must obtain the following licenses or certificates in the order outlined below. 1. Commercial Activity License (formerly known as Business Privilege License). This license is required for anyone operating a business in Philadelphia, whether they’re a corporation or individual. This license is free and easy to obtain by clicking here. 2. Rental License (also known as Housing Inspection License). According to the Philadelphia City Code, a landlord cannot collect rent during any period when he or he does not have a valid Rental License. Similarly, a landlord cannot obtain a judgment for possession without a valid Rental License. In fact, Philadelphia Municipal Court won’t accept an eviction complaint unless a copy of a valid Rental License is attached. You’ll need your Commercial Activity License number when applying for the Rental License. As of 2026, a Rental License costs $69 per unit. You can obtain one here. 3. Certificate of Rental Suitability. A Certificate of Rental Suitability requires the landlord to certify three things: that there are no open code violations on the rental unit; that the rental unit has the required fire protection and smoke detection equipment; and that the landlord has provided the tenant with the City’s Partners for Good Housing handbook. A landlord cannot collect rent or obtain a judgment of possession for any period of time before a Certificate of Rental Suitability is issued. The Certificate of Rental Suitability is free and can be obtained here, and the Partners for Good Housing Handbook is available here. As you can see, Philadelphia landlord-tenant laws are much more complicated than landlord-tenant laws in Montgomery, Delaware, Bucks, and Chester Counties. Check back for part two of my Philadelphia Landlord-Tenant Compliance Guide, where I’ll discuss the complexities of Philadelphia’s landlord-tenant lead disclosure law and the recent changes enacted in 2017. I often handle cases involving possession of real property. In a standard case, a property owner contacts me to remove a tenant who has failed to pay rent or otherwise breached a lease. In most cases, this is straightforward: I draft and file the appropriate complaint for eviction in District Court or Municipal Court (in Pennsylvania) or the Special Civil Part (in New Jersey). But once in a while, what the owner thought was a simple landlord-tenant case turns out to be something more complicated. Here’s an overview of the difference between eviction and ejectment -- the two basic types of disputes over possession of real property.
In order to proceed in landlord-tenant court, there must be a landlord-tenant relationship between the parties. In most cases, this relationship is memorialized by a written lease. But what if there’s no written lease? The parties still may be landlord and tenant. For example, in a situation with no written lease, look to see if periodic rent has been agreed upon and paid. How much is the rent? Is it payable monthly, weekly, yearly, or at some other regular interval? Has the tenant ever paid it? Are there other indicia of a landlord-tenant relationship? If rent has not been reserved and paid, or if the parties cannot agree on this basic fact, it’s possible the parties are not landlord and tenant, and therefore the case cannot be heard in landlord-tenant court. What then?
The downside for an ejectment plaintiff is that the matter is heard in the regular trial court: the Court of Common Pleas in Pennsylvania or the Superior Court, Law Division in New Jersey. This requires more time and effort and, unlike filing in the user-friendly landlord-tenant courts, it often requires the assistance of a qualified and experienced attorney. Do you have questions about the difference between eviction and ejectment in Pennsylvania or New Jersey? Call for an appointment so we can discuss the facts of your individual case. Join me on December 2 for a discussion inspired by the Neshaminy High School newspaper controversy. This Constitution Conversation sponsored by My Daily Constitution will focus on the free speech rights of high school students and the government’s power to regulate that speech.
The dispute began when student editors of the Playwickian newspaper decided last year not to print the term "Redskin" in reference to the school's sports teams. Since then, the controversy has been the subject of extensive local and national media coverage. At our conversation, we’ll discuss the law underpinning the controversy, including the U.S. Supreme Court’s decisions in Tinker v. Des Moines, Hazelwood v. Kuhlmeier, and West Virginia v. Barnette. Best of all, attendees can take home a free copy of the U.S. Constitution courtesy of My Daily Constitution. Tuesday Dec 2 6 - 8 PM Levittown Branch, Bucks County Public Library Large Meeting Room 7311 New Falls Road, Levittown, PA 19055-1006 Thanks to Linda Pollack and My Daily Constitution for inspiring and coordinating the event. For more information, contact me using the contact button above or reach out to MDC at [email protected]. Tomorrow afternoon, I'm scheduled to teach a continuing legal education seminar entitled "Fundamentals of New Jersey Residential Landlord-Tenant Practice." Much of what I teach in the seminar comes from practical experience I gained as a legal services attorney representing people in landlord-tenant disputes. I won't say that I've seen it all, but I've seen a lot: landlords who lease illegal apartments unfit for human habitation; government agencies that often miss the mark in providing services; and, yes, some tenants who are bound and determined to game the system.
The seminar runs from 4 to 8 p.m. at Rutgers Law School in Camden, NJ, and seats are still available. If you're interested, click on the link above to register, and be sure to stop by and introduce yourself during the break. Welcome to the McLaughlin Law website. As you can see in the Attorney Profile section, I have 10 years of practice experience. I worked for several years representing low-income tenants and consumers at a local legal services office, where I had hundreds of trials and contested motions. Most recently, I worked for two years as a visiting clinical professor and managing attorney of the Federal Prisoner Reentry Project at Rutgers Law School in Camden, New Jersey.
Working at Rutgers Law was a fantastic experience. I got to work with some exceptionally bright, talented and motivated law students and help them develop into practice-ready attorneys. My students and I represented clients who were incarcerated in federal prison, and we assisted them with a variety of legal matters in both civil and criminal courts. A good lawyer will always learn something from an experience. So what did I learn as a legal services attorney and clinical professor? Many things. First and foremost was this: clients who have a good attorney almost always get a better outcome than clients who don't. Another thing: there is no one-size-fits-all approach. Lawyers have to take the time to listen to their clients and learn all the facts of each client's case. As an attorney, if you don't devote time to a case, you may still get a good result -- sometimes. But eventually, an unprepared lawyer will have an unhappy client. I'll write more soon on the value of trust in the attorney-client relationship. For now, it's back to work. |
AuthorWilliam R. McLaughlin, Esq. 
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