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UNFAIR
RENTAL PRACTICES &
THE
FAIR HOUSING COMMISSION
by
Laura R. Mintzer
SeniorLAW Center
It is
no secret among those seeking rental housing in Philadelphia, that
our City suffers a severe shortage of decent, affordable rental
dwellings. Facing
that reality, as well as the problems that accompany living on a
limited fixed income and the infirmities that often
come with aging, senior tenants may fear the possibility of
rental increases and/or eviction.
Those fears may compel some renters to live with
conditions which may be dangerous to their health and safety. When tenants report problems to their landlord, his/her
agent or to the Department of Licenses and Inspections, that
landlord may, as a result, take action to evict the tenant or
attempt to force him/her out by raising the rent to the point that
the tenant can no longer afford to live there. It is important to know your rights in such a
situation.
Unfair Rental Practices and the Fair Housing
Ordinance
As a
result of unjust rental practices by some landlords, the Fair
Housing Ordinance (FHO) was enacted by City Council, in an effort
to bring leased properties into compliance with the City’s
Housing and Fire Codes and protect tenants from such practices.
Once it is determined
that the rented premises contains Code violations, the FHO can
protect tenants from the following actions by the landlord or his
agent:
---termination of the
lease, as long as the tenant has not violated the lease is some
way;
---changing the terms
of the lease until the violations are corrected;
---amending or
terminating the lease in retaliation for the tenant having filed a
complaint with Licenses and Inspections (L & I).
The Fair Housing
Commission Hears Tenants’ Complaints
The
Fair Housing Commission (FHC) hears tenants’ complaints about
unfair rental practices and can issue orders which may protect
tenants from eviction or lease changes until the unfair rental
practices have been corrected.
The
FHC consists of five members who are appointed by the Mayor and
serve without pay. As
stated in the Philadelphia Code Section 9-803, the FHC has “the
power to hold hearings and conduct investigations in connection
with unfair rental practices upon complaint or upon its own
initiative”.
At
the Fair Housing hearing, the tenant and her landlord or the
landlord’s representative can appear with or without an attorney.
If the landlord fails to appear, he may be summoned by
the Commission. Violating
the Commission’s orders can result in the violator being fined
up to $300. If the
fine goes unpaid, imprisonment for up to thirty days is a
possibility.
Even if the tenant has
filed a Complaint with the Commission, the landlord can still file
a complaint in Municipal Court.
The Court will continue its hearing until the Fair Housing
Commission issues its ruling.
Once the Court case resumes, consideration may be given to
the Commission’s ruling.
Filing the Fair
Housing Complaint: What
Comes Next
A Fair Housing
Complaint is filed by the tenant or her representative on the 6th
floor of 34 South 11th Street.
Filing is not complicated and does not require the
assistance of an attorney. The tenant may file a complaint with the Fair Housing
Commission whether the notice to vacate the rental property was
received verbally or in writing.
Once the Complaint is filed, the Commission’s staff will
request an inspection by Licenses and Inspections.
Of course, that is not necessary if a recent L & I
Violation Notice accompanies the request for a Hearing.
Within
a month or so, both parties are summoned to appear before the
Commission. The Fair
Housing Commission will issue its Order on the day of the Hearing.
If the tenant/complainant does not appear at the Hearing,
the Commission will dismiss the Complaint.
If the landlord or his representative fails to appear, the
Commission may hear the evidence and arguments of the tenant and
issue its Order.
Considering
the Fair Housing Commission?
What to Keep in Mind
To
file for a Fair Housing hearing, you must be able to prove that
you are current in your rental payments. If you have withheld all or a portion of your rental payments
because of existing L & I
violations, you must be able to show that you have been
holding those funds in a special account while you have been
awaiting the correction of the violations. If you have paid
for repairs and deducted the cost of the repairs from your rent,
you must be able to show receipts for those repairs.
In an effort to
strengthen your argument before the Fair Housing Commission, the
tenant may provide the Commissioners with written evidence of
harassment, excessive rent increases and/or photographs which will
provide proof of the existing housing and fire violations.
The tenant may also produce witnesses’ verbal or written
testimony. Finally, when the notice of lease amendment or
termination is received by the tenant within one year after the
violation was reported, it is up to the landlord, his agent or
management to prove that the notice was not in retaliation for the
tenant having exercised his/her legal rights.
Call for More
Information
If you would like more
information about filing with the Fair Housing Commission, call
their main Intake number, (215) 686-3237.
If you feel as though you may need representation at a Fair
Housing Hearing, call SeniorLAW Center’s Intake number, (215) 238-6361,
Monday through Friday between 9 a.m. and 1 p.m.
SeniorLAW Center
assists many elders with legal problems concerning housing.
Elders can discuss
a legal problem or get information by calling SeniorLAW Center’s
telephone intake line 215-988-1242 Mondays through Fridays, 9
a.m. – 1 p.m., or coming to our center city offices, Mondays through
Wednesdays, 9 a.m. – 4 p.m.
Most issues can be addressed initially over the phone.
For general information, please call us at
215-988-1244
or visit our website at www.seniorlawcenter.org.
Laura
Mintzer is SeniorLAW Center’s Senior Legal Assistant.
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