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
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§ 9-804. Unfair Rental Practices.
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(16) It shall be unlawful for any owner, landlord, agent or other person operating or managing any premises to charge or accept the payment of late fees, interest, or similar charges or penalties as the result of the non-payment of rent for a residential premises where such rental payment was withheld by the tenant or deducted to cover costs incurred by the tenant for the purpose of rendering the premises habitable, provided that such withholding or deduction was:
(a) Consistent with the requirements of the City Rent Withholding Act, codified as 35 P.S. § 1700-1; or
(b) Determined by the Commission or a court of competent jurisdiction to be based on a breach of the implied warranty of habitability and, consistent with common law requirements, the tenant provided the landlord proper notice of the defect or condition giving rise to the alleged breach of the implied warranty of habitability and, if applicable, of the tenant’s intention to withhold rent or to deduct the reasonable cost of repair of such defect or condition from the rental payment.
SECTION 2. This Ordinance shall take effect immediately upon becoming law.
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