Tenant Rights
Consumers should be aware of the legal rights, responsibilities requirements, and best practices when renting a place to live. Please see this useful Consumer Guide to Tenant and Landlord Rights in Pennsylvania. https://www.attorneygeneral.gov/wp-content/uploads/2022/06/OAG-Consumer-Guide-Tenant-Landlord-Rights-v.13-web-version.pdf
Tenant Bill of Rights
Section 354.04. Definitions.
FEDERAL FAIR HOUSING ACT OF 1968.
Federal legislation that prohibits discrimination in housing; including discrimination on the basis of race, color, religion, sex, national origin, familial status and/or disability.
HABITABILITY.
Housing that includes functional plumbing and sewage systems that are free from leaks or clogs, reliable electrical systems that meet safety requirements, and heating systems capable of maintaining safe and adequate indoor temperatures. Housing must also be structurally sound, with intact floors, walls, roofs, and ceiling, and must remain free from hazards such as mold, lead-based hazards, and vermin infestations.
PENNSYLVANIA CITY RENT WITHHOLDING ACT.
Pennsylvania legislation that permits a tenant to withhold rent if their rental unit is unfit for human habitation and/or to deposit rent in escrow if their rental unit is considered substandard housing.
PENNSYLVANIA LANDLORD AND TENANT ACT OF 1951.
Pennsylvania legislation that provides provisions relating to the rights, obligations and liabilities of landlords; including notices and/or provisions included in a lease and/or rental agreement.
PENNSYLVANIA PLAIN LANGUAGE CONSUMER CONTRACT ACT.
Pennsylvania legislation that provides that contracts to be written in plain language, including but not limited to lease and/or rental agreements.
PENNSYLVANIA UNIFORM CONSTRUCTION CODE.
Pennsylvania legislation that regulates the codes and standards of building projects in the Commonwealth of Pennsylvania, including residential and commercial properties.
PENNSYLVANIA UTILITY SERVICE TENANTS RIGHT ACT.
Pennsylvania legislation that provides for notice and the right to cure landlord’s default to avoid termination of utility service to tenants.
Section 354.05. The Tenant Bill of Rights.
(a) The Tenant Bill of Rights shall include the following:
(1) Right to Safe and Sanitary Housing.
A. Tenants are entitled to housing that meets basic health and safety standards as defined under “habitability” per the Pennsylvania Uniform Construction Code and/or any other applicable federal, state and/or local laws.
B. Landlords are required to maintain “habitability” throughout the duration of the lease and failure to maintain these standards may result in legal or administrative enforcement actions as outlined by this ordinance.
(2) Right to Reasonable Accommodation.
A. Tenants with disabilities are entitled to modifications or accommodations that enable them to fully access and enjoy their housing, as defined under the Federal Fair Housing Act of 1968 and/or any other applicable federal, state and/or local laws.
B. Further, landlords must make adjustments to lease terms to permit service animals and/or assistance animals as required by applicable law. These accommodations must be provided without undue delay and/or discrimination to ensure tenants can fully exercise their right to housing access.
(3) Right to a Returned Security Deposit and Application Fee.
A. Landlords are required to return security deposits and any applicable fees paid to hold a rental unit to applicants who are not ultimately selected as tenants.
B. Security deposits collected by landlords may not exceed the equivalent of two months’ rent during the first year of a tenant’s lease. After the tenant has resided in the rental unit for two consecutive years, the landlord must reduce the security deposit to an amount not exceeding one month’s rent in accordance with any applicable federal, state or local laws.
C. Tenants are entitled to receive interest on security deposits held for a period exceeding two years. The calculation and payment of interest shall be in accordance with any applicable federal, state or local laws.
(4) Right to Clear and Fair Leases.
A. Lease agreements shall be written in plain language as per any federal, state and/or local laws. Further, neither party may alter lease terms after the parties have agreed upon said terms unless the parties consent and/or mutually agree to any changes in writing.
(5) Right to Transparent and Fair Utility Costs.
A. If stipulated in the lease and/or rental agreement, landlords are required to provide tenants with essential utility services, including heat, water, gas, electricity, and/or sewage. Landlords may not charge tenants for utilities consumed in common areas and/or by other tenants, nor may they impose charges exceeding the utility company’s established rates.
B. Tenants must be notified and/or granted an opportunity to pay the outstanding balance to prevent service termination if a landlord fails to pay utility bills as per the Utility Service Tenants Right Act and/or in accordance with any applicable federal, state and/or local laws.
(6) Right to Residential Privacy.
A. Landlords are required to provide tenants with a minimum of 24 hours’ notice prior to entering a rental unit, except in cases of emergency, as per applicable federal, state and/or local laws.
B. Tenants have the right to host visitors without incurring additional fees or being subjected to undue surveillance as per applicable federal, state and local laws.
(7) Right to Service Maintenance and Inspection.
A. Tenants bear the responsibility of promptly reporting maintenance issues to landlords, which provides landlords with a reasonable opportunity to cure said issues, including issues related to “habitability.”
B. Landlords bear the responsibility of addressing any reported maintenance issues in a timely manner to ensure compliance with any applicable federal, state and/or local laws, including issues related to “habitability.”
C. Tenants have the right to request code inspections by the City to determine whether any cure to the maintenance issues complies with the applicable federal, state and/or local laws.
(8) Right to a Fair Hearing.
A. The parties to the lease and/or rental agreement have the right to present their case and/or defend their rights in court, which includes but is not limited to due process, notices of timeframes, and/or the parties’ rights and/or responsibilities in regards to eviction and payments as per any applicable federal, state and/or local laws.
(9) Right to Organize.
A. Tenants have the right to organize and should not be subject to intimidation or any form of punishment or retribution against them for collectively organizing as per any applicable federal, state and/or local laws.
(10) Right to Just Cause Eviction
A. No landlord shall commence an eviction during the term of a lease unless the landlord has “good cause” to terminate the tenancy under the terms and conditions of the lease and/or rental agreement and/or as provided by federal, state and/or local laws.
B. Acceptable grounds for eviction includes, but it not limited to the following reasons:
(i) Nonpayment of Rent;
(ii) Violation of Lease Terms;
(iii) Illegal Activity and/or Criminal Behavior;
(iv) End of Lease/Refusal to Renew on New Terms;
(v) Owner Move-In or Family Occupancy;
(vi) Significant Renovation and/or Repairs; and
(vii) Sale of the Property.
(b) Distribution of Tenant Bill of Rights
(1) Landlord Obligations.
A. Landlords shall include a copy of Article 354 of the Codified Ordinances of the City of Erie in all rental lease agreements and lease renewals provided to tenants.
B. Landlords shall ensure that the Article 354 of the Codified Ordinances of the City of Erie incorporates the most current updates to applicable state, federal, and local legislation, as made publicly available by the City of Erie.
(2) City of Erie Obligations.
A. The City of Erie shall publish Article 354 of the Codified Ordinance of the City of Erie on the City of Erie’s official website, accompanied by clear instructions on how and where tenants may file grievances, including a list of Magisterial District Judges and their contact information; and the City of Erie’s Code Enforcement Office and their contact information.
B. The City of Erie shall regularly update the Article 354 of the Codified Ordinance of the City of Erie to reflect changes in state, federal, and local legislation and shall provide guidance to landlords and tenants regarding compliance requirements.
Section 354.12. Tenant’s rights in the event of Code violations.
(a) Whenever any premises is found in violation of any Code provision and a notice of violation has been issued by the Code Official, it shall be unlawful for any landlord to:
(1) Terminate the lease with the existing tenant unless tenant has violated a provision of the lease; or
(2) Amend or modify any term or condition of any existing lease with any tenant where the change is intended to recover the cost or value of corrections necessary to bring a property into compliance with the Code.
(b) Exception. This section shall not apply to any landlord who desires to terminate an existing lease after a notice of violation has been issued in order that the premises may be rehabilitated and the violation cured if the Code Official issues a certification that such work requires that the premises be vacated.
City of Erie Rental Housing Ordinance
https://ecode360.com/43758281?highlight=66-2023&searchId=13470185062994184#43758283
City of Erie Code Enforcement Department – https://cityof.erie.pa.us/government/departments/code-enforcement/
Tenant Issues:
If you are a tenant or prospective tenant dealing with a landlord-tenant problem, please reach out to the Office of Attorney General’s Bureau of Consumer Protection online or at 800-441-2555.
If you are a tenant or prospective tenant and believe your civil rights have been violated, please reach out to the Office of Attorney General’s Civil Rights Enforcement Section online or at 717-787-0822.
Legal services:
If you live in Cameron, Crawford, Elk, Erie, Forest, Mercer, McKean, Potter, Venango, and Warren Counties, Northwestern Legal Services (NWLS) 814-452-6949 offers free legal aid and resources to low-income residents in a variety of civil legal matters, including public benefits, family law, housing, healthcare, education, and employment.
Other useful links:
Fair Housing in Pennsylvania – https://dced.pa.gov/housing-and-development/fair-housing/
The Pennsylvania Legal Aid Network – https://www.palawhelp.org/resource/your-right-as-a-tenant-to-a-decent-home-1
Erie County Human Relations Commission – https://eriecountypa.gov/departments/human-relations-commission/
Erie County Bar Association – https://www.eriebar.com/public/e-law/residential-tenant-rights
Housing Equality Center of Pennsylvania – https://renters.equalhousing.org/