In December, Philadelphia City Council passed one-third of the “Safe Healthy Homes” bills that would bolster existing laws protecting tenants, and establish new protections and increased enforcement by the Department of Licenses and Inspections (L&I). Two remaining bills, also part of a legislative package introduced by Councilmember Nicolas O’Rourke, are to be considered at an upcoming Housing Committee hearing, possibly this month.

City Council unanimously passed the “Right to Relocation” bill in December, which creates an Anti-Displacement Fund through L&I to aid tenants when they are evacuated from unsafe housing.

The bill also creates penalties for landlords who fail to provide habitable housing. Landlords may be subject to fines for each tenant of a displaced household due to a Cease Operations Order, recouping the funds paid to tenants through the Anti-Displacement Fund.

The remaining two bills, the “Right to Repairs Ordinance” and “Right to Safety Ordinance,” were held in committee before being reworked slightly for the upcoming hearing. The date is not yet set.

“There are a number of local factors that have shaped Philadelphia’s landlord-tenant law, from the age of our housing stock to histories of squatters’ movements,” Jordan Levy, a spokesperson for O’Rourke, said in a statement to the Local.

“Councilmember O’Rourke and the organized tenants who helped create these bills saw them as necessary for more direct reasons: The code simply doesn’t list some of the main ways that bad landlords actually retaliate against their tenants, and Philadelphia lags peer cities when it comes to the proactive inspection of residential properties,” Levy added.

The first of the remaining bills would authorize L&I to establish a proactive inspection program; require landlords before eviction to provide an updated Certificate of Rental Suitability, which requires a valid rental license and no outstanding violations; and require posting of licenses, violations, appeals, and suspensions on the property.

The “Right to Safety Ordinance” aims to provide greater protection for tenants against retaliation and their right to organize.

One aspect aims to clarify what is considered retaliation against tenants. Under the bill, retaliation would include changing a term or condition of a lease arrangement, or refusing to lease units to prospective tenants engaged in a protected activity such as reporting an alleged violation to L&I. The ordinance would also prohibit landlords from withholding access to common areas or amenities as a form of retaliation.

The bill also seeks to establish stronger protections for tenants facing harassment and codify tenants’ rights to form a union.

Currently, landlords are not required to provide good cause for lease non-renewals on leases one year or longer. This means that a tenant, who has never missed a payment or received a violation, could be denied a lease renewal.

This makes it difficult for tenants attempting to organize unions or associations, with the risk of being denied a lease.

The ordinance would extend the good-cause requirements to all leases.

“Councilmember O’Rourke believes that the first place L&I falls short is on the budget sheet; he believes the department must be better funded,” Levy said. “Staffing is a part of enforcement challenges, so they need all the resources they can get. With stronger funding, Councilmember O’Rourke is confident L&I could provide the protection that Philadelphians need.

“In terms of current operations, L&I must do more to inform tenants of their rights when their conditions warrant the abatement of rent and other accountability measures … L&I’s relative reluctance to suspend the rental license of someone deemed by the department to be managing an ‘unfit and unsafe’ home has not helped.”

The Safe Healthy Homes bills are supported by several organizations, including: AFSCME District Council 33, the Public Interest Law Center, Power Interfaith, One PA, and Community Legal Services of Philadelphia.

Tommy Tucker can be reached at Tommy@chestnuthilllocal.com.