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Amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," Chapter 10-800, "Safety," by adding a new Section 10-841, "Fraudulent Leasing of Residential Property," prohibiting conduct related to the fraudulent leasing of residential property, all under certain terms and conditions.

View file history View official file on Legistar →

File details

Status
Enacted
Type
Bill
Introduced
November 1, 2018
Sponsors
CPCouncilmember ParkerCTCouncilmember Taubenberger

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 10 of The Philadelphia Code is hereby amended to read as follows:

TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY.

* * *

CHAPTER 10-800. SAFETY.

* * *

§ 10-841. Fraudulent Leasing of Residential property.

(1) Prohibited Conduct. No person shall rent a residential property to a third party if such person does not (a) own the residential property, (b) have the legal authority from an owner of such property to rent the residential property to such third party, or (c) have the legal authority to occupy such property.

(2) Penalty. In addition to such other fines, penalties, and imprisonment as applicable under Pennsylvania law, any person who violates Section 10-841(1) shall be subject to a fine of not more than two thousand (2,000) dollars, or imprisonment of not more than ninety (90) days, or both.

(3) Private Right of Action. The following persons shall have a private right of action against any person who violates §10-841(1) and may recover, for each such violation, actual damages, punitive damages not to exceed $2,000 per violation, reasonable attorneys' fees and court costs to the extent allowed by law, and such other relief, including injunctive relief, as the court may deem appropriate:

(a) An owner whose residential property has been wrongfully rented out by a person in violation of Section 10-841(1).

(b) An individual who has rented a residential property from a person without knowledge that such person did not possess the right to rent out such property.

This subsection (3) in no way limits the rights of private parties to pursue any legal rights and claims they may possess under a written agreement or any other applicable law.

SECTION 2. Effective Date. This Ordinance shall take effect immediately.

___________________________________

Explanation:

Italics indicate new matter added.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    READ AND PASSED

    Member-by-member vote published for this action.

    Pass17 Yes · 0 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be READ AND PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Al TaubenbergerYes
    Allan DombYes
    Blondell Reynolds BrownYes
    Bobby HenonYes
    Brian J. O'NeillYes
    Cherelle ParkerYes
    Cindy BassYes
    Curtis Jones, Jr.Yes
    Darrell L. ClarkeYes
    David OhYes
    Derek S. GreenYes
    Helen GymYes
    Jannie L. BlackwellYes
    Kenyatta JohnsonYes
    Maria D. Quiñones-SánchezYes
    Mark SquillaYes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

  3. Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    4 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Johnson that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 3 procedural actionsCommittee on Public Safety
    ProceduralCommittee on Public Safety

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. UnanimousCITY COUNCIL

    Introduced and Referred

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember Parker that this matter be Introduced and Referred to the Committee on Public Safety. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation