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BillENACTED

Bill 220655

Amending Chapter 9-800 of The Philadelphia Code, entitled “Landlord and Tenant,” to modify requirements and authorizations related to the City’s residential eviction diversion program, including associated changes to the landlord and tenant relationship, and to make certain technical changes, all under certain terms and conditions.

Introduced Sep 15, 2022Committee on Housing, Neighborhood Development and The HomelessOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember GymCouncilmember GymCouncilmember BrooksCouncilmember BrooksCouncilmember ThomasCouncilmember ThomasCouncilmember GauthierCouncilmember Gauthier

How members voted

  1. Vote on Oct 13, 2022 · CITY COUNCIL

    Aye (10)

    Councilmember GymCouncilmember SquillaCouncilmember JonesCouncil President ClarkeCouncilmember BassCouncilmember O'NeillCouncilmember GauthierCouncilmember Gilmore RichardsonCouncilmember ThomasCouncilmember Driscoll

    Nay (1)

    Councilmember Oh

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “From the Mayor to the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on October 19, 2022, I signed the following bill, which was passed by Council at its session on October 13, 2022: Bill No. 220655. And I am transmitting for the consideration of your honorable body a resolution authorizing the Philadelphia Redevelopment Authority to execute and deliver to the Philad…”

    Chief Clerk · Stated Meeting, October 20, 2022 · Oct 20, 2022 · official transcript, this passage

  2. “Good morning. My name is Vick Patel and I am a supervising attorney in the Housing Unit at Community Legal Services, and I'm here to talk about Bill No. 220655, the bill extending the eviction diversion program. Now, this bill is going to extend the requirement that landlords participate in the Philadelphia eviction diversion program, which has been an enormous success. It has helped thousands of landlords and tenant…”

    Mr. Patel · Stated Meeting, October 13, 2022 · Oct 13, 2022 · official transcript, this passage

  3. “Hi. Good morning, everyone. Abraham Reyes Pardo. I'm proudly the Director of Housing at the Urban League of Philadelphia, a civil rights non-profit organization, but also HUD-approved housing counselor. Stated Meeting 25 10/13/2022 I have a written testimony here, but I also -- I would like to open by mentioning the fact that I'm here standing providing testimony today, and directly immediately after I'm heading out…”

    Mr. Pardo · Stated Meeting, October 13, 2022 · Oct 13, 2022 · official transcript, this passage

  4. “-- and members of City Council. My name is Andre Del Valle. I'm the Vice President of Government Affairs for the Pennsylvania Apartment Association. We're a statewide association representing property managers, landlords, and their suppliers across Pennsylvania. Here in Philadelphia we represent 98 property management companies and over 156,000 units. I'm here today to testify on Bill No. 220655, which would extend t…”

    Mr. Del Valle · Stated Meeting, October 13, 2022 · Oct 13, 2022 · official transcript, this passage

  5. “The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Bill No. 220655.”

    Council President Clarke · Stated Meeting, October 13, 2022 · Oct 13, 2022 · official transcript, this passage

  6. “To the President and members of the Council of the City of Philadelphia, the Committee on Housing, Neighborhood Development, and the Homeless, to which was referred Bill No. 220655, entitled "An ordinance amending STATED MEETING 21 10/6/2022 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to modify requirements and authorizations related to the City's residential eviction diversion program, including…”

    Chief Clerk · Stated Meeting, October 6, 2022 · Oct 6, 2022 · official transcript, this passage

Status timeline

  1. Sep 15, 2022Introduced and Referred · CITY COUNCIL
  2. Oct 4, 2022HEARING NOTICES SENT · Committee on Housing, Neighborhood Development and The Homeless
  3. Oct 4, 2022HEARING HELD · Committee on Housing, Neighborhood Development and The Homeless
  4. Oct 4, 2022AMENDED · Committee on Housing, Neighborhood Development and The Homeless
  5. Oct 4, 2022REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Housing, Neighborhood Development and The Homeless
  6. Oct 6, 2022SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
  7. Oct 6, 2022ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  8. Oct 6, 2022READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR · CITY COUNCIL
  9. Oct 13, 2022READ AND PASSED · CITY COUNCIL
  10. Oct 19, 2022SIGNED · MAYOR

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Amending Chapter 9-800 of The Philadelphia Code, entitled "Landlord and Tenant," to modify requirements and authorizations related to the City's residential eviction diversion program, including associated changes to the landlord and tenant relationship, and to make certain technical changes, all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Chapter 9-800 of The Philadelphia Code is hereby amended to read as follows: CHAPTER 9-800. LANDLORD AND TENANT * * * � 9-811. Eviction Diversion Program. (1) Authorization and Program Structure. The Department of Planning and Development, or such other City department or office as the Mayor may designate, is authorized to continue operating a pre-filing residential eviction diversion program to facilitate dispute resolution between landlords and tenants or acquisition of rental assistance, if available. Landlords shall enroll in the eviction diversion program by completing an application [for rental assistance or similar financial assistance,] or in such other manner as directed by the Department. It is not Council's expectation that the diversion program will continue (a) [unless] if there is [sufficient] insufficient funding [is] available to operate the program; or (b) if a post-filing diversion program is established that allows a meaningful opportunity to resolve landlord and tenant disputes without an eviction filing against a tenant becoming known to third parties, provided that a pre-filing diversion program may continue to be offered on a voluntary basis. (2) So long as the City is running a mandatory pre-filing eviction diversion program consistent with subsection (1), above, [that includes rental assistance funds,] no landlord shall have a lawful basis to evict a tenant unless the landlord has complied with the following requirements: (a) The landlord has enrolled with the eviction diversion program consistent with subsection (1), and provided a notice of diversion rights to the tenant consistent with subsection [(6);] (5); and (b) The landlord participates in the eviction diversion program in reasonable good faith, as defined by the City, for no less than thirty (30) days. [forty-five (45) days; provided that such landlord shall thereafter continue to participate in the eviction diversion program in reasonable good faith.] [(3) If at any time the financial rental assistance portion of the eviction diversion program is in a hiatus status due to lack of available funds, no landlord shall have a lawful basis to evict a tenant unless the landlord has complied with the following requirements: (a) The landlord has enrolled with the eviction diversion program in the manner directed by the Department of Planning and Development and provided a notice of diversion rights to the tenant consistent with subsection (6), below, both concurrently with serving any notice to vacate on the tenant; and (b) The landlord has participated in the eviction diversion program in reasonable good faith, as defined by the City, for no less than thirty (30) days; provided that the landlord shall thereafter continue to participate in the diversion program in reasonable good faith.] [(4)](3) Exceptions. [Subsections] Subsection (2) [and (3)] shall not apply if eviction is necessary to cease or prevent an imminent threat of harm by the person being evicted, including physical harm or harassment. [(5)](4) Lawful Basis to Evict Required. * * * [(6)](5) Notice, Forms, and Regulation. (a) Required Notice. The notice a landlord is required to provide a tenant under this Section 9-811 shall be provided in writing, by hand delivery or mail with proof of mailing, and must provide notice of the tenant's right to engage in diversion under this Section 9-811, as well as clear information on how the tenant may exercise such rights, including such specific text or such other language that may be included in a form created by the City pursuant to subsection [(6)(b),] (5)(b), "Forms and Regulations" (below). * * * [(7)](6) Defenses. * * * [(8)] (7) Effective Dates. This Section 9-811 shall [be effective January 1, 2022 and shall] expire [December 31, 2022] June 30, 2024. ..End 1