Aye. The ayes are 15. The nays are 0. Majority of all members having voted in the affirmative the bill passes. Will the Chief Clerk please read the title of Bill No. 250044.
An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled "Landlord and Tenant" to establish requirements related to security deposits for residential rentals and establishing remedies for violations, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. Will the Chief Clerk, please call the roll.
Council President, I'm respectfully requesting to be recognized before voting on this bill.
The Chair recognizes Councilmember Katherine Gilmore Richardson. COUNCILWOMAN GILMORE RICHARDSON: Thank you, Council President. And I want to thank my colleague Councilmember Landau for this legislation and I also want to thank you for taking the time for speaking with me last week. You know, typically I never do this and I needed to put this on the record, though I sent an email over the weekend to Councilmember Landau regarding a Pew study on small landlords that was disseminated to members of Council in 2021. I remembered the report because of all the housing bills that we dealt with during COVID the Pew report stated the following, The research tells us that Philadelphia has approximately 55,000 landlords who own roughly 136,000 rental properties with 288,000 units. Although most of small businesses, they don't own a majority of the city's units, half of them are owned by relatively large property owners. The breakdown of ownership looks like this: Roughly 73% of landlords own only one or two units, accounting for 18% of all rental units in the city. Most own only one. People who live in the city run more than half of these mom-and-pop operations, and over 25% of locally-owned rental properties have Homestead Exemptions, suggesting that these properties also serve as the primary residences of the owners. Most landlords are city residents. 60% have mailing addresses in Philadelphia. Another 20% are located elsewhere in the Commonwealth of Pennsylvania. The 20% are in other states. in Philadelphia landlords owns 3 to 24 units, accounting for nearly 30% of the city's overall inventory. Only 2% of landlords have more than 25 units. But as a group, these large landlords own more than half of the city's rental units. My request to the sponsor of this legislation was considering to exempt small landlords who provide much of our city's naturally-occurring affordable housing. I'm very concerned about the impact that this will have on housing that is naturally occurring in our city, because typically those landlords generally maintain low rent for residents outside of the Housing Choice Voucher Program. I needed to put that record as my request regarding a potential amendment for this legislation. I agree with the goals of this legislation. I think that it is always the right thing to do to uplift our communities and to uplift tenants who sometimes deal with untenable situations and circumstances, but we also have to understand that many times the landlords that we are seeking to get to come into compliance don't even have rental licenses in the first place. They're not even in compliance with anything that's happening with the city. And so, I want to put that on the record and ask on the floor for an official response on the record from the bill's sponsor regarding my request for an amendment to the legislation.
The Chair recognizes Councilmember Rue Landau.
Thank you so much, Majority Leader. I appreciate this, and this has been a long process to get this bill to the state with a lot of time for these conversations. As somebody who's been representing low-income renters or been in the world of overseeing the City's Fair Housing Commission and Neutral Agency that has about 450 cases come before it each year of conflicts between tenants and landlords, I am very, very well aware of not only the amount of small landlords we have in the city and what a great influence they have, it's a very positive influence on our rental market. We want to keep the They are essential. My bill does not do anything egregious or outrageous. My bill simply says that if a tenant needs a little bit more time to pay the second month of their security deposit, let me just be clear, if a landlord is charging one month security deposit, a tenant pays it upfront. If a landlord charges two months' security deposit, as they're allowed to by state law, they pay one month upfront along with their first month's rent, and then get three months to pay the second month. This isn't a landlord who's not getting the security deposit, the second month security. It's somebody who's getting a little bit of breathing room so they can make sure that they're bills, that they are putting food in the fridge, that they're paying for their medical care. It is simply a pause if they need it that gives them a little bit of a payment agreement. I think this was a fair compromise. I spoke to so many landlord advocates. I spent my entire Memorial Day weekend working on this. And during that final weekend, there was no request from the landlord advocates who were coming to me to exempt small landlords. I would like to -- I want to pass this bill as is today. I absolutely -- I think you know me well enough. Let's watch how it goes. If there is a problem that occurs from this, I am fully open to amending it. What these in the beginning and what it looks like at the end is dramatically different because I am willing to compromise. I am very reasonable and just want to make sure that we're just given a little breathing room if somebody needs it. Doesn't stop anybody from paying two months upfront. And the last thing to say is when we get over this hump of the next 24 hours or so of having a budget, I believe we're going to have a H.O.M.E. Plan that's going to have a large pot of money to help people with the Fresh Start program of getting their security deposits subsidized or assisted in some way by the City of Philadelphia, and I don't think that's going to be an issue for many people. Thank you. COUNCILWOMAN GILMORE RICHARDSON: Council President, may I respond?
The Chair recognizes Councilmember Katherine Gilmore Richardson.
Thank you. Colleague, I do thank you. But I just want to put on the record, to be clear that while you may not have heard from the advocacy organizations, you did hear from me. I sent you an email after we verbally spoke on Saturday, May 31st at 4:39 a.m. with the information that I just placed on the record. So while you may not have received the request from an outside group or advocacy group, I did send the request to you personally from a number of groups hear from, and I think it's important that I do get that on the record because it was a official request. Because some of the additional work that needs to be done on the legislation will happen sort of after this session, and I agree with you, I know that you are committed, I know you will do this work. I remember when you worked at the Fair Housing Commission. I believe in you and I believe in the work that I know you are capable of doing. I was just respectfully requesting this amendment to be considered for the small landlords who are here in the City of Philadelphia. So for those reasons, I will abstain from this vote. Thank you.
Mr. President, I just wanted to make mention to my colleague, our Majority Leader, and I don't know if this would change her mind or change her vote, but the provision for making your security deposits in installments as I understand it, and correct me, Councilwoman Landau, if I'm incorrect, but the provision is completely optional, so it's not -- if the landlord of any size decides that they do not want to participate in the program, then they do not have to accept payments. They can require sort of the traditional monies upfront. But if that's not correct, please -
Do you want to clarify for the record just for your members?
Thank you. I did ask this question during the hearing and you told me that it was optional on the record during the hearing.
I never would have said that. I'm sorry. It's never optional. COUNCIL PRESIDENT JOHNSON: Chair recognizes Councilmember Rue Landau.
It's never been optional since the moment I introduced it until now. I apologize if there was any miscommunication here. This is -it's optional for the tenant. It's optional if somebody wants to pay two months upfront or if somebody needs to pay one month upfront and then pay the second month in installment payments for three months after that.
Chair recognizes Councilmember Dr. Anthony Phillips.
Thank you so much, Council President. I incidentally recorded the aye vote. But because it's a debate, I wanted to abstain from the vote as well because I have questions too. Thank you.
We're going to run the roll call back vote in a second. The Chair recognizes Councilmember Bass as a response. Then Councilmember Jones.
Well, I was just going to say that again I was absolutely clear during the hearing that I was told this was optional. I don't know -- like I couldn't have made that up something that came out in the hearing and I specifically asked. But if it's not optional, as I had understood, then that would likely have changed what happened during the committee hearing itself. So I know that everybody is trying to now figure out what they're doing, because I think there were a lot of assumptions from members in terms of how this legislation was going to work. There were, you know, a lot of folks who are somewhat confused about these provisions in the bill. So thank you, Mr. President.
You're welcome. The Chair recognizes Member Jones. at ease. (Council at ease.)
The Chair recognizes Councilmember Rue Landau.
Thank you, Council President. I just want to say a couple of things. I want to start by saying the status quo right now in the world of rental units is that the way in which a landlord would request a tenant to pay a security deposit is always optional. You could not charge a security deposit. You could have a tenant pay a security deposit over six months if you want to. You can charge one month. You can charge two months. There's a lot of options that already exist right now, so I want to get the record straight. I never, ever suggest that this bill was optional when there's plenty of payment plan ways. Some landlords right now allow tenants to pay their security deposit and installment payments. It's currently optional, but this bill was not. This bill said if a tenant needed to pay two months' security by paying one month upfront and the second month in installment payments that they will be able to do that, because so many tenants are struggling to meet the requirements that they need. If the median rent in Philadelphia is $1,800 and a renter has to come up with almost $5,500 to move in at the jump, that's really, really too much money for them. Renters are not saying I can't pay my rent. They're saying a barrier and an obstacle to move in. And all this bill is doing is to say, let's ease this obstacle a little bit for you so you can do it in installment payments and still be able to pay your PECO bill, your PGW bill, to buy your kids school supplies, to do anything else that you needed to do. So I want to just put the intent of the bill out there. And I also want to say that I am 100% in support of small landlords in the City of Philadelphia. And small landlords absolutely often keep their rents little lower than the larger landlords, which is appreciative. They also mean that they have folks who come in often with slightly less income and still need just a little bit of a payment plan. Not that you're not getting paid, it's just when you're getting paid. And it's only for landlords who are accepting two months' rent. So I will say with respect for my Majority Leader, who has brought up this issue, I will hold this bill and I look forward to running it in September.
Chair recognizes Councilmember Jamie Gauthier.
Thank you, Council President. I just wanted to personally be on record as saying that I think this is good and commonsense legislation that ultimately gets landlords what they need while giving tenants just a little more breathing room. And I think we all can agree that people having to come up with thousands of dollars before they move into a hard for a lot of folks in this city. And so, I also wanted to commend Councilmember Landau on how far she's come with this bill. We had an initial hearing where she decided to take some time and work with the landlord groups and over a series of several weeks, she got to a place where there was actually an agreement. And so, there was a lot of movement from the start of this bill to where it is now and so much movement that there was agreement with BIA and other interest groups that had initially opposed the bill. And so, I just hope that as the Councilmember is taking the time to explain the various aspects of the bill, that people will approach this with open minds. Thank you.
So I am proud of this body because if all of us agreed on everything, 16 of us aren't necessary. So you have diverging opinions that came before our Chair. And for the record, Jamie Gauthier, the Chair of Housing, did a masterful job of holding people accountable for their words in the process moving forward. So I want to give you your props for that. What I will say about this is that in the spirit of Blondell Reynolds Brown, who I'm not like, they're not like -- I'll dive head first in on an issue and fix it as we are moving down the train. What sometimes needs to happen is more discussion on the votes on the hurry. And so, I applaud my colleague here for taking this time to talk it through. And at the end of the day when we do it like that, we produce better public policy and sustainable legislation. So thank you for that.
Thank you, Council President. I just want to note for the record I've always had lingering concerns about this bill, which is why I'm excited that it's being held. I expressed it to the author, and I just want to be on the record for sure that I'm glad it's being held because we have a lot of questions for it. So thank you so much.
Chair recognizes Councilmember Gilmore Richardson.
Thank you, Council President. I wanted to thank the bill sponsor, Councilmember Landau, for this opportunity to have further discussion. I don't look at this as an end. I look at this as a continuation of the very important work that you have been undertaking. And I want you to know that I do support the work that you are doing and everything that you are seeking to achieve and accomplish and I look forward to working with you throughout this process just like we worked on the nonprofit bill and just like we worked on other issues. And I wanted to say thank you. And I am opportunity to have additional input within this dialogue. And with that, Mr. President, I move to close the debate.
Will the Clerk please read the title of Bill No. 250045.
An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled "Landlord and Tenant" to establish requirements related to fees charged by landlords to individuals applying for residential tenancy, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass -- Council will be at ease. (Council at ease.)
This bill having been read on two different days, the question now is should the bill pass finally. Will the Chief Clerk please call the roll.
Mr. President, may we ask for clarity between '44 and '45 from the bill sponsor please.
This is a bill that caps application fees at $50 cost or $50 whichever is less, application fees to apply for housing.
With that, Council President, I was asking for clarity due to the fact that there are two bills that were brought forth at the same time on the same matter for the application cap. Because of the work that Councilmember Landau has done there, I will be voting aye on that bill. Thank you.
You're welcome. Will the Chief Clerk please call the roll. Start the roll over for me.
Aye. The ayes are 16 and nays are 0. Majority of all members having voted in the affirmative the bill passes. Will the Chief Clerk please read the title of Bill No. 250213.
An ordinance amending Section 9-633, of The Philadelphia Code, entitled "Sale of Electronic Smoking Devices Delivery Products" to update definitions and to provide for additional penalties, enforcement and compliance options, all under certain terms and conditions.
The Chair recognizes Councilmember Dr. Nina Ahmad for a motion.
Thank you, Mr. President. I would like to offer an amendment to Bill No. 250213. A copy of the amendment has been circulated to all members of Council. I move for the adoption of them. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 250213 be favor will signify by saying aye. (Aye.)
The ayes have it and the bill has been amended. This bill will be placed on the Final Passage Calendar for our next session of Council. Before we read the consideration of previous resolutions, the Chair recognizes Councilmember Jeffrey Jay Young.
Thank you, Mr. President. I'd like to be recorded as voting aye on all bills and resolutions that I may have missed as I stepped out of chambers. 6/5/25 - STATED - 2ND READING
Thank you. It will be recorded. Will the Clerk please read any additional resolutions on today's Final Passage Calendar.
A privileged resolution recognizing June 11th as International Day of Play in the City of Philadelphia, and honoring the Live and Learn Initiative for its groundbreaking work bringing playful learning environments to affordable housing communities in alignment with the global mission to elevate and protect every child's right to play. Introduced by Councilmember Phillips.
Chair recognizes Councilmember Phillips for a motion. 6/5/25 - STATED - 2ND READING
Thank you, Council President. I move for the adoption of resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution recognizing 6/5/25 - STATED - 2ND READING the month of June as Immigrant Heritage Month and Caribbean American Heritage Month in the City of Philadelphia. Introduced by Councilmember Gauthier.
The Chair recognizes Councilmember Jamie Gauthier for a motion on the resolution.
Thank you, Council President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
Those opposed? 6/5/25 - STATED - 2ND READING (No response.)
The ayes have it and the resolution is adopted. Would the Clerk please read the title of the next resolution.
A privilege resolution recognizing June 7, 2025 as Black Men's Wellness Day in the City of Philadelphia. Introduced by Councilmember Thomas on behalf of Council President Johnson.
Chair recognizes Councilmember Thomas for a motion on the resolution.
Thank you, Council President. On your behalf, I move for the adoption of the resolution. (Duly seconded.) 6/5/25 - STATED - 2ND READING
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. Would the Clerk please read the title of the next resolution.
A privileged resolution authorizing the Committee on Public Safety to hold hearings to examine the potential reinstatement of the 92nd Police District, formerly the Fairmount Park Police, in light of 6/5/25 - STATED - 2ND READING recent incidents of gun violence, including the Memorial Day shooting on Lemon Hill. Introduced by Councilmember Jones.
Chair recognizes Councilmember Jones for a motion on the resolution.
Thank you, Mr. President. I move forward for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
Anyone opposed? (No response.) 6/5/25 - STATED - 2ND READING
The ayes have it and the resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution honoring and recognizing civilian oversight of policing in Philadelphia, established originally in 1958, emphasizing that mutual respect and cooperation are essential for improving public safety and police community relations and further proclaiming June 9th as Civilian Police Oversight Day in the City of Philadelphia. Introduced by Councilmember Jones.
The Chair recognizes Councilman Jones for a motion on the resolution. 6/5/25 - STATED - 2ND READING
Thank you, Mr. President. Before I move for the adoption, I'd like to request a leave of absence for the rest of this session and be recorded as voting aye on all resolutions.
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
Anyone opposed? (No response.) COUNCIL PRESIDENT 6/5/25 - STATED - 2ND READING JOHNSON: The ayes have it and the resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution honoring and congratulating Chris Bartlett on the occasion of his retirement from the William Way LGBT Community Center after 15 years of dedicated service on June 30, 2025. Introduced by Councilmember Landau.
The Chair recognizes Councilmember Landau for a motion on the resolution.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and 6/5/25 - STATED - 2ND READING properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution recognizing the 10th through 13th days of the Islamic month of Dhul-Hijr as "Eid al-Adha" in the City of Philadelphia during June 2025. Introduced by Councilmember Young.
The Chair recognizes 6/5/25 - STATED - 2ND READING Councilmember Young for a motion on the resolution.
Thank you, Mr. President. I want to wish those who are celebrating a very festive Eid and move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor signify by saying aye. (Aye.)
The ayes have it. The resolution is adopted. Will the Clerk please read the title of the next 6/5/25 - STATED - 2ND READING resolution.
A privileged resolution recognizing June 2025 as Gun Violence Awareness Month in the City of Philadelphia. Introduced by Councilmember Young.
The Chair recognizes Councilmember Young for a motion on the resolution.
Thank you, Mr. President. On your behalf, I move for the resolution's adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will 6/5/25 - STATED - 2ND READING signify by saying aye. (Aye.)
The ayes have it. The resolution is adopted. Will the Clerk please read the title of the next resolution.
A resolution authorizing Councilmember Young's appeal on behalf of and as representative of City Council of the decision of the Zoning Board of Adjustment with respect to 3230-38 Diamond Street. Introduced by Councilmember Young.
Chair recognizes Councilmember Young for a motion on the resolution. 6/5/25 - STATED - 2ND READING
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution honoring and recognizing Bernice Dobbins-Sharpe 6/5/25 - STATED - 2ND READING for a lifetime of love and community-building, on the occasion of her 100th birthday this June 4, 2025. Introduced by Councilmember Brooks.
Chair recognizes Councilmember Brooks for a motion on the resolution.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
Those opposed? (No response.) 6/5/25 - STATED - 2ND READING
The ayes have it. The resolution is adopted. Would the Clerk please read the title of the next resolution.
A privileged resolution joining the City of Philadelphia in National Garden Week 2025 celebrating the role of nature in nurturing mental and physical wellness and recognizing the urgent need for garden equity across the City of Philadelphia. Introduced by Councilmember Brooks.
The Chair recognizes Councilmember Brooks for a motion on the resolution.
I move for the adoption of the resolution. 6/5/25 - STATED - 2ND READING (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution recognizing the month of July as Disability Pride Month in the City of Philadelphia, and affirming the City of Philadelphia's commitment 6/5/25 - STATED - 2ND READING to advancing equity access and opportunity for people with disabilities in our city and beyond. Introduced by Councilmember Brooks.
The Chair recognizes Councilmember Brooks for a motion on the resolution.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
Those opposed? (No response.) 6/5/25 - STATED - 2ND READING
The ayes have it. The resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution recognizing June as Alzheimer's and Brain Awareness Month in the City of Philadelphia and commending the work of advocates and researchers working to improve brain health and cognitive function through risk reduction, early detection, diagnosis and treatment. Introduced by Councilmember Brooks.
The Chair recognizes Councilmember Brooks for a motion on the resolution.
I move for the adoption of the 6/5/25 - STATED - 2ND READING resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. Will the Clerk please read the title of the next resolution.
A privileged resolution honoring and congratulating Kevin Mazzucola his career in retirement as the Executive Director of the Auto 6/5/25 - STATED - 2ND READING Dealers Association of Greater Philadelphia. Introduced by Councilmember Driscoll on behalf of Council President Johnson.
The Chair recognizes Councilman Driscoll for a motion on the resolution.
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)