Bill 260241

..Title Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," and amending Section 14-604 of The Philadelphia Code, entitled "Accessory Uses and Structures," to provide for notice to owners and residents of a building regarding dwelling units licensed for limited lodging on the property, all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: Section 1. Title 9 of The Philadelphia Code is hereby amended to read as follows: TITLE 9. REGULATIONS OF BUSINESSES, TRADES AND PROFESSIONS. * * * CHAPTER 9-800. LANDLORDS AND TENANTS. * * * � 9-81*. Limited Lodging Disclosure Policy in Multi-Family Buildings. (1) In addition to any other disclosure requirements of Section 9-3900, relating to disclosure by limited lodging operator licensees, a landlord who enters into or renews a lease or tenancy for a residential dwelling unit in a multi-family building shall disclose, in writing, to the tenant or prospective tenant, to the landlord's knowledge whether such a license has been issued and is active for individual dwelling units in the building. The disclosure must be made part of the lease and shall state whether a license for limited lodging is permitted for any dwelling units in the building, and if so, which units. If the landlord has knowledge that limited lodging is licensed in any dwelling units, the lease shall identify the unit or units where limited lodging is licensed. (2) Enforcement and Penalties. (a) The responsibility of the landlord for any intentional acts of non-compliance with the limited lodging disclosure policy shall be limited to the remedies available by law for breach of the lease contract agreement. (b) If a landlord fails to disclose that a limited lodging license has been issued and is active for any dwelling unit in the building, as required by this Section, the tenant may terminate the lease without penalty upon written notice to the landlord. * * * Chapter 9-3900. Property Licenses and Owner Accountability. * * * � 9-3909. Limited Lodging Operator License. * * * (7) By the earlier of either thirty (30) days after obtaining a license pursuant to this section or seven (7) business days prior to listing a dwelling as a limited lodging unit with a booking agent under such license for the first time after the effective date of this Section, the licensee shall provide notification in the following manner: (a) If the licensee is a renter, to the owner of the dwelling unit or the designee thereof; (b) In writing to the residents of all dwelling units in the building in which their licensed unit exists; and (c) In writing to all other owners of dwelling units in the same building, planned unit development (PUD) or stock cooperative housing (Co-op) known to the licensee, whether personally; through modes of communication in common among owners and/or tenants; to the operator or governing body of the building, PUD or Co-op; or other modes as determined by the governing body of the building, PUD or Co-op. * * * Section 2. Section 14-604 of The Philadelphia Code is hereby amended to read as follows: � 14-604. Accessory Uses and Structures. * * * (13) Limited Lodging. (a) General. Limited Lodging is the accommodation of visitors conducted by the primary resident of the dwelling unit, the main use of which is for household living, and where the provision of lodging to any particular visitor is for no more than thirty (30) consecutive days. For purposes of this subsection, the "primary resident" [primary resident] shall mean a natural person who either (i) [a natural person who] is both the owner of the dwelling unit[, and is] and entitled to a homestead exclusion pursuant to Code Section 19-1301.2 for such dwelling unit; or (ii) a renter (a) who [is a natural person and] lives in the dwelling unit as the renter's primary domicile for more than half of the year and (b) who is authorized in writing by the unit's owner to provide limited lodging. Use as Limited Lodging is subject to the applicable licensing and other requirements set forth in Section 9-3909 ("Limited Lodging Operator License"). (b) Standards. A dwelling unit may be used for limited lodging subject to compliance with all of the following minimum requirements: * * * (.11) The primary resident conducting the limited lodging [owner or his/her designee] shall provide contact information to [the] each limited lodger[s] for the purpose of responding to complaints regarding the condition, operation or conduct of the occupants of the dwelling and have the responsibility to take action to resolve such complaints. * * * Section 3. This Ordinance shall become effective in 60 days. ---------------------- Explanation: Italics indicate new matter added. [Brackets] indicate matter deleted. ..End